[Federal Register Volume 69, Number 135 (Thursday, July 15, 2004)]
[Rules and Regulations]
[Pages 42332-42333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16012]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 736 and 744

[Docket No. 040618189]
RIN 0694-AD21


Revocation of General Order No. 3 Which Imposed License 
Requirements on Shaykh Hamad bin Ali bin Jaber Al-Thani and Entities 
Related to or Controlled by Him

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule.

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SUMMARY: This final rule revokes General Order No. 3 of the Export 
Administration Regulations (EAR). General Order No. 3 imposed a license 
requirement for exports and reexports of all items on the Commerce 
Control List destined to or for Shaykh Hamad bin Ali bin Jaber Al-Thani 
and listed entities related to or controlled by him. This rule also 
removes a related provision of the EAR.

EFFECTIVE DATE: This rule is effective July 15, 2004.

ADDRESSES: Although there is no public comment period, written comments 
on this rule may be sent to Sheila Quarterman, Office of Exporter 
Services, Regulatory Policy Division, Bureau of Industry and Security, 
Department of Commerce, P.O. Box 273, Washington, DC 20044, or e-mail: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Office of Exporter Services, Outreach 
& Educational Services Division, Bureau of Industry and Security, 
Department of Commerce, at (202) 482-4811.

SUPPLEMENTARY INFORMATION

Background

    In November 2000, Shaykh Al-Thani delivered a Boeing 747 aircraft 
to Iraqi President Saddam Hussein in Iraq as a gift, in violation of 
the United Nations Security Council resolution restricting trade with 
Iraq. To guard against further such diversions to Iraq, the Bureau of 
Industry and Security issued General Order No. 3 on December 7, 2000, 
imposing a license requirement for exports and reexports of all items 
listed on the Commerce Control List (Supplement No. 1 to part 774 of 
the EAR) and destined to Shaykh Al-Thani or entities related to or 
controlled by him.
    This final rule revokes General Order No. 3. This revocation 
reflects changed circumstances in Iraq and is consistent with changes 
in U.S. export control policies concerning Iraq and actions taken by 
the United Nations Security Council with respect to the embargo against 
Iraq. This final rule also removes section 744.15 of the EAR, which 
provided a cross-reference to General Order No. 3.
    Although the Export Administration Act expired on August 20, 2001, 
Executive Order 13222 of August 17, 2001 ( 3 CFR, 2001 Comp. 783 
(2002)), as extended by the Notice of August 7, 2003 (3 CFR, 2003 Comp. 
328 (2004)), continues the Regulations in effect under the 
International Emergency Economic Powers Act.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, 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 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 rule 
involves a collection of information subject to the PRA. This 
collection has been approved by OMB under control number 0694-0088, 
``Multi-Purpose Application,'' which carries a burden hour estimate of 
58 minutes for a manual or electronic submission. Send comments 
regarding these burden estimates or any other aspect of this collection 
of information, including suggestions for reducing the burden, to David 
Rostker, Office of Management and Budget (OMB), by e-mail to [email protected], or by fax to (202) 395-7285; and to the Office of 
Administration , Bureau of Industry and Security, Department of 
Commerce, 14th and Pennsylvania Avenue, NW., Room 6883, Washington, DC 
20230.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under E.O. 
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 (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

[[Page 42333]]

notice of proposed rulemaking and an opportunity for public comment are 
not required to be given for this rule under the Administrative 
Procedure Act 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 Sheila 
Quarterman, Office of Exporter Services, Bureau of Industry and 
Security, Department of Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects

15 CFR Part 736

    Exports, foreign trade.

15 CFR Part 744

    Exports, Foreign trade, Reporting and recordkeeping requirements.


0
Accordingly, parts 736 and 744 of the Export Administration Regulations 
(15 CFR parts 730-799) are amended as follows:

PART 736--[AMENDED]

0
1. The authority citation for 15 CFR part 736 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. 2151 note, Pub. L. 108-175; 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. 13338, 69 FR 
26751, May 13, 2004; Notice of October 29, 2003, 68 FR 62209, 3 CFR, 
2003 Comp., p. 347; Notice of August 7, 2003, 68 FR 47833, 3 CFR, 
2003 Comp., p. 328.


0
2. Supplement No. 1 to part 736 is amended by removing General Order 
No. 3.

PART 744--[AMENDED]

0
3. The authority citation for 15 CFR part 744 is revised 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; Sec. 901-911, Pub. L. 106-
387; Sec. 221, Pub. L. 107-56; 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. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 
FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 
66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of October 29, 2003, 
68 FR 62209, 3 CFR, 2003 Comp., p. 347; Notice of August 7, 2003, 68 
FR 47833, 3 CFR, 2003 Comp., p. 328.

Sec.  744.15  [Removed]

0
4. Part 744 is amended by removing and reserving Sec.  744.15.

    Dated: July 5, 2004.
Peter Lichtenbaum,
Assistant Secretary for Export Administration.
[FR Doc. 04-16012 Filed 7-14-04; 8:45 am]
BILLING CODE 3510-33-P