[Federal Register Volume 65, Number 144 (Wednesday, July 26, 2000)]
[Rules and Regulations]
[Pages 45842-45844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18820]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 744

[Docket No. 981019261-0207-03]
RIN 0694-AB73


Export Administration Regulations Entity List: Revisions to the 
Entity List

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: On November 19, 1998, the Bureau of Export Administration 
(BXA) published a rule in the Federal Register (63 FR 64322) that added 
certain Indian and Pakistani entities to the Entity List in the Export 
Administration Regulations (EAR). Further revisions were made to the 
list of Indian entities on March 17, 2000 (65 FR 14444). This rule 
removes two Indian entities: the Nuclear Science Centre located in New 
Delhi and the Uranium Recovery Plant located in Cochin; and adds one 
Indian entity: Indian Space Research Organization (ISRO), Telemetry, 
Tracking and Command Network (ISTRAC) to the Entity List.

DATES: This rule is effective July 26, 2000.

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

SUPPLEMENTARY INFORMATION:

[[Page 45843]]

Background

    In accordance with section 102(b) of the Arms Export Control Act, 
President Clinton reported to the Congress on May 13, 1998, with regard 
to India and May 30, 1998, with regard to Pakistan his determinations 
that those non-nuclear weapon states had each detonated a nuclear 
explosive device. The President directed in the determination reported 
to the Congress that the relevant agencies and instrumentalities of the 
United States take the necessary actions to implement the sanctions 
described in section 102(b)(2) of that Act. Consistent with the 
President's directive, the Bureau of Export Administration (BXA) 
implemented certain sanctions, as well as certain supplementary 
measures to enhance the sanctions on November 19, 1998 (63 FR 64322).
    Based on a consensus decision by the Administration to more tightly 
focus the sanctions on those Indian entities which make direct and 
material contributions to weapons of mass destruction and missile 
programs and items that can contribute to such programs, BXA issued 
revisions to the list of Indian entities on March 17, 2000 (65 FR 
14444). This rule makes additional revisions to the list by removing 
the Nuclear Science Centre located in New Delhi from the Entity List 
table in Supplement No. 4 to part 744. In addition, this rule removes 
the Uranium Recovery Plant located in Cochin from the subordinates 
listed under the Indian organization Department of Atomic Energy (DAE) 
in Appendix A to the Entity List, ``Listed Subordinates of Listed 
Indian Organizations.'' Lastly, this rule adds the Indian Space 
Research Organization (ISRO), Telemetry, Tracking and Command Network 
(ISTRAC) to subordinates listed under the Indian organization 
Department of Space (DOS) in Appendix A to the Entity List.
    The license review policy for ISTRAC will be one of denial for 
items controlled for NP or MT reasons, except items intended for the 
preservation of safety of civil aircraft, which will be reviewed on a 
case-by-case basis; and computers, which will be reviewed with a 
presumption of denial. All other items subject to the EAR to ISTRAC 
will be reviewed with a presumption of denial, with the exception of 
items classified as EAR99, which will be reviewed with a presumption of 
approval.
    The removal of entities from the Entity List does not relieve 
exporters or reexporters of their obligations under General Prohibition 
5 in Sec. 736.2(b)(5) of the EAR which provides that, ``you may not, 
without a license, knowingly export or reexport any item subject to the 
EAR to an end-user or end-use that is prohibited by part 744 of the 
EAR.'' BXA strongly urges the use of Supplement No. 3 to part 732 of 
the EAR, ``BXA's `Know Your Customer' Guidance and Red Flags'' when 
exporting or reexporting to India and Pakistan.
    Although the Export Administration Act (EAA) expired on August 20, 
1994, the President invoked the International Emergency Economic Powers 
Act and continued in effect the EAR, and, to the extent permitted by 
law, the provisions of the EAA in Executive Order 12924 of August 19, 
1994, as extended by the President's notices of August 15, 1995 (60 FR 
42767), August 14, 1996 (61 FR 42527), August 13, 1997 (62 FR 43629), 
August 13, 1998 (63 FR 44121), and August 10, 1999 (64 FR 44101, August 
13, 1999).

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    2. This rule contains and involves collections of information 
subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.). These collections have been approved by the Office of Management 
and Budget under control number 0694-0088, ``Multi-Purpose 
Application,'' which carries a burden hour estimate of 40 minutes to 
prepare and submit electronically and 45 minutes to submit manually on 
form BXA-748P; and 0694-0111, ``India Pakistan Sanctions,'' which 
carries a burden hour estimate of 40 minutes to prepare and submit 
electronically and 45 minutes to submit manually on form BXA-748P. 
Notwithstanding any other provision of law, no person is required to 
respond nor shall any person 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 currently valid OMB Control Number.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under 
Executive Order 13132.
    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 (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 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, PO 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 through 799) 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, 3 CFR, 1996 Comp., p. 228; Notice of November 12, 1998, 63 FR 
63589, 3 CFR, 1998 Comp., p. 305; Notice of August 10, 1999, 64 FR 
44101, 3 CFR, 1999 Comp., p.302.

PART 744--[AMENDED]

    2. Supplement No. 4 to part 744 is amended by:
    a. Removing the entity ``Nuclear Science Centre (NSC), New Delhi'' 
from ``India'' in the table;
    b. Removing ``Uranium Recovery Plant, Cochin'' from the 
subordinates listed under the Indian organization ``Department of 
Atomic Energy (DAE)'' in Appendix A, Listed Subordinates of Listed 
Indian Organizations; and
    c. Adding in alphabetical order the entity ``Indian Space Research 
Organization (ISRO), Telemetry, Tracking and Command Network (ISTRAC)'' 
to the subordinates listed under the Indian organization ``Department 
of Space (DOS)'' in Appendix A to Supplement No. 4 to part 744 A, 
Listed Subordinates of Listed Indian Organizations.


[[Page 45844]]


    Dated: July 18, 2000.
R. Roger Majak,
Assistant Secretary for Export Administration.
[FR Doc. 00-18820 Filed 7-25-00; 8:45 am]
BILLING CODE 3510-33-P