[Federal Register Volume 72, Number 41 (Friday, March 2, 2007)]
[Rules and Regulations]
[Pages 9433-9434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3538]



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 Rules and Regulations
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  Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Rules 
and Regulations  

[[Page 9433]]



DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 070220040-7040-01]
RIN 0694-AD91


Addition of Entities to the Entity List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Industry and Security (BIS) is amending the 
Export Administration Regulations (EAR) to add two entities located in 
the United Arab Emirates (U.A.E.) to the Entity List. The Entity List 
is a compilation of end-users that present an unacceptable risk of 
using or diverting certain items to activities related to weapons of 
mass destruction. BIS requires a license for most exports or reexports 
to these entities and maintains the Entity List to inform the public of 
these license requirements.

EFFECTIVE DATE: This rule is effective: March 2, 2007.

FOR FURTHER INFORMATION CONTACT: Michael Rithmire, Export 
Administration Intelligence Liaison, Bureau of Industry and Security, 
Telephone: (202) 482-6105.

SUPPLEMENTARY INFORMATION :

Background

    This rule makes the following revisions to the Export 
Administration Regulations (EAR):

Additions to the Entity List

    Pursuant to 15 CFR 744.3(b), this rule amends Supplement No. 4 to 
part 744 (the Entity List) by adding two entities located in the U.A.E. 
to the Entity List. This notifies the public that a license is required 
for the export or reexport of all items subject to the EAR to: Bazaar 
Trading Co., No. 212 Baniyas Tower, Dubai, U.A.E. 6708; and Elmstone 
Trading L.L.C., P.O. Box 24896, Sharjah, U.A.E. License applications to 
export, reexport, or transfer (in-country) items subject to the EAR to 
these entities will be reviewed based on the license review standards 
for certain rocket systems and unmanned air vehicles end-uses found in 
Sec.  744.3 of the EAR. Therefore, applications will be considered on a 
case-by-case basis to determine whether the export, reexport, or 
transfer would make a material contribution to the proliferation of 
certain rocket systems, or unmanned air vehicles. When an export, 
reexport or transfer is deemed to make a material contribution, the 
license will be denied.

Savings Clause

    Shipments of items removed from eligibility for a License Exception 
or for export or reexport without a license (NLR) as a result of this 
regulatory action that were on dock for loading, on lighter, laden 
aboard an exporting or reexporting carrier, or en route aboard a 
carrier to a port of export or reexport on March 2, 2007, pursuant to 
actual orders for export or reexport to a foreign destination, may 
proceed to that destination under the previous eligibility for a 
License Exception or export or reexport without a license (NLR) so long 
as they are exported or reexported before April 2, 2007. Any such items 
not actually exported or reexported before midnight on April 2, 2007 
require a license in accordance with this rule.
    Since August 21, 2001, the Export Administration Act has been in 
lapse and the President, through Executive Order 13222 of August 17, 
2001 (3 CFR, 2001 Comp. 783 (2002)), as extended most recently by the 
Notice of August 3, 2006, 71 FR 44551 (Aug. 7, 2006), has continued the 
EAR in effect under the International Emergency Economic Powers Act. 
BIS continues to carry out the provisions of the Act, as appropriate 
and to the extent permitted by law, pursuant to Executive Order 13222.

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 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 Office of Management and Budget 
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, ``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 these collections 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 
as that term is defined under Executive Order 13132.
    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 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 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 Timothy Mooney, Office of Exporter Services, 
Bureau of Industry and Security, Department of Commerce, P.O. Box 273, 
Washington, DC 20044.

[[Page 9434]]

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

0
Accordingly, part 744 of the Export Administration Regulations (15 CFR 
parts 730-774) is amended as follows:

PART 744--[AMENDED]

0
1. 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 August 3, 2006, 71 
FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 FR 64109 
(October 31, 2006).

0
2. Supplement No. 4 to part 744 is amended immediately following the 
country of Syria, by adding, in alphabetical order, the country of 
United Arab Emirates and U.A.E. entities: ``Bazaar Trading Co., No. 212 
Baniyas Tower, Dubai, U.A.E. 6708''; and ``Elmstone Trading L.L.C., 
P.O. Box 24896, Sharjah, U.A.E.''; and the License Requirement column, 
License Review Policy column and Federal Register Citation column for 
these entities, to read as follows.

                                    Supplement No. 4 to Part 744--ENTITY LIST
----------------------------------------------------------------------------------------------------------------
                                                            License         License Review     Federal Register
             Country                    Entity            Requirement           Policy             Citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
United Arab Emirates............  Bazaar Trading      For all items       See Sec.            72 FR [insert FR
                                   Co., No. 212        subject to the      744.3(d) of this    page number],
                                   Baniyas Tower,      EAR.                part.               March 2, 2007.
                                   Dubai, U.A.E.
                                   6708.
                                  Elmstone Trading    For all items       See Sec.            72 FR [Insert FR
                                   L.L.C., P.O. Box    subject to the      744.3(d) of this    page number],
                                   24896, Sharjah,     EAR.                part.               March 2, 2007.
                                   U.A.E.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: February 22, 2007.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
 [FR Doc. E7-3538 Filed 3-1-07; 8:45 am]
BILLING CODE 3510-33-P