[Federal Register Volume 72, Number 133 (Thursday, July 12, 2007)]
[Rules and Regulations]
[Pages 38008-38010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13551]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 070615200-7202-01]
RIN 0694-AE06


Addition of Entities to the Entity List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the 
Export Administration Regulations (EAR) to add five (5) entities 
located in Iran 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.

DATES: Effective Date: This rule is effective: July 12, 2007. Although 
there is no formal comment period, public comments on this regulation 
are welcome on a continuing basis.

[[Page 38009]]


ADDRESSES: You may submit comments, identified by RIN 0694-AE06, by any 
of the following methods:
    E-mail: [email protected] Include ``RIN 0694-AE06'' in the 
subject line of the message.
    Fax: (202) 482-3355. Please alert the Regulatory Policy Division, 
by calling (202) 482-2440, if you are faxing comments.
    Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of 
Commerce, Bureau of Industry and Security, Regulatory Policy Division, 
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, 
Attn: RIN 0694-AE06.
    Send comments regarding the collection of information associated 
with this rule, 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 Regulatory 
Policy Division, Bureau of Industry and Security, Department of 
Commerce, P.O. Box 273, Washington, DC 20044. Comments on this 
collection of information should be submitted separately from comments 
on the final rule (i.e. RIN 0694-AE06)--all comments on the latter 
should be submitted by one of the three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Michael Rithmire, Chairman, End-User 
Review Committee, Bureau of Industry and Security, Department of 
Commerce, P.O. Box 273, Washington, DC 20044; by telephone (202) 482-
6105; or by e-mail to [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The End-User Review Committee (ERC) is a U.S. Government 
interagency group whose activities include reviewing and making 
recommendations related to end-users of concern to the U.S. Government 
for export control purposes. The ERC is a part of the ``inform by'' 
process. The ``inform by'' process is an interagency activity to review 
candidates for addition to the Entity List. This process was 
established December 10, 1996 by the National Security Council as a 
reformation of the Enhanced Proliferation Control Initiatives (EPCI). 
This interagency committee, the ERC, is responsible for reviewing 
potential additions or deletions from the Entity List.
    This rule implements a decision made by the ERC on May 1, 2007 to 
add five (5) entities in Iran to Supplement No. 4 to part 744 (the 
Entity List) to inform the public of three (3) of these entities' 
involvement in prohibited nuclear activities described in Sec.  744.2 
of the EAR and two (2) of these entities' involvement in prohibited 
rocket systems and unmanned aerial vehicle activities described in 
Sec.  744.3 of the EAR based upon the sanctions imposed on these 
entities pursuant to United Nations Security Council Resolution 1737 
and Executive Order 13382 (70 FR 38567, July 1, 2005). The ERC 
determined that for the three (3) entities listed pursuant to Sec.  
744.2(b) of the EAR, there is an unacceptable risk of use in, or 
diversion to, any of the activities described in Sec.  744.2(a) of the 
EAR, and that for the two (2) entities listed pursuant to Sec.  
744.3(b) of the EAR, there is an unacceptable risk of use in, or 
diversion to, activities described in Sec.  744.3(a)(1) or (a)(2).
    To implement the May 1, 2007 ERC decision, this rule makes the 
following revisions to the Export Administration Regulations (EAR):

Additions to the Entity List

    Pursuant to 15 CFR 744.2(b), this rule amends Supplement No. 4 to 
part 744 (the Entity List) by adding three (3) entities located in Iran 
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: Atomic 
Energy Organization of Iran (a.k.a. Sazeman-E Energy Atomi), P.O. Box 
14144-1339, End of North Karegar Avenue, Tehran, Iran; Kala Electric 
Company (a.k.a. Kalaye Electric Company), 33 Fifteenth (15th) Street, 
Seyed-Jamal-Eddin-Assad Abadi Avenue, Tehran, Iran; and, Mesbah Energy 
Company (a.k.a. ``MEC''), 77 Armaghan Gharbi Street, Valiasr 
Blve,Tehran, Iran.
    Also in Supplement No. 4, pursuant to 15 CFR 744.3(b), this rule 
adds two (2) entities in Iran 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: Shahid Bakeri Industrial Group (a.k.a. 
``SBIG''), Tehran, Iran; and, Shahid Hemmat Industrial Group (a.k.a. 
``SHIG''), Damavand Tehran Highway, Tehran, Iran. License applications 
for these five entities will be considered with a presumption of denial 
for all items subject to the EAR.

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 July 12, 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 August 13, 2007. Any such 
items not actually exported or reexported before midnight on August 13, 
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 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 regulation involves 
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour 
estimate of 58 minutes to prepare and submit form BIS-748. 
Miscellaneous and recordkeeping activities account for 12 minutes per 
submission. Total burden hours associated with the Paperwork Reduction 
Act and Office Management and Budget control number 0694-0088 are 
expected to increase slightly as a result of this rule.
    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 
UnitedStates (5 U.S.C. 553(a)(1)). Further, no other law

[[Page 38010]]

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.

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 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; 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 India, by adding, in alphabetical order, the country of Iran 
and Iranian entities: ``Atomic Energy Organization of Iran (a.k.a. 
Sazeman-E Energy Atomi), P.O. Box 14144-1339, End of North Karegar 
Avenue, Tehran, Iran''; ``Kala Electric Company (a.k.a. Kalaye Electric 
Company), 33 Fifteenth (15th) Street, Seyed-Jamal-Eddin-Assad Abadi 
Avenue, Tehran, Iran''; ``Mesbah Energy Company (a.k.a. `MEC'), 77 
Armaghan Gharbi Street, Valiasr Blve,Tehran, Iran''; ``Shahid Bakeri 
Industrial Group (a.k.a. `SBIG'), Tehran, Iran''; and, ``Shahid Hemmat 
Industrial Group (a.k.a. `SHIG'), Damavand Tehran Highway, Tehran, 
Iran''; 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
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                                                  * * * * * * *
IRAN............................  Atomic Energy       For all items       Presumption of      72 FR [INSERT FR
                                   Organization of     subject to the      denial.             PAGE NUMBER], 07/
                                   Iran (a.k.a.        EAR. (See Sec.                          12/07.
                                   Sazeman-E Energy    744.2 of the EAR).
                                   Atomi), P.O. Box
                                   14144-1339, End
                                   of North Karegar
                                   Avenue, Tehran,
                                   Iran.
                                  Kala Electric       For all items       Presumption of      72 FR [INSERT FR
                                   Company (a.k.a.     subject to the      denial.             PAGE NUMBER], 07/
                                   Kalaye Electric     EAR. (See Sec.                          12/07.
                                   Company), 33        744.2 of the EAR).
                                   Fifteenth (15th)
                                   Street, Seyed-
                                   Jamal-Eddin-Assad
                                   Abadi Avenue,
                                   Tehran, Iran.
                                  Mesbah Energy       For all items       Presumption of      72 FR [INSERT FR
                                   Company (a.k.a.     subject to the      denial.             PAGE NUMBER], 07/
                                   ``MEC''), 77        EAR. (See Sec.                          12/07.
                                   Armaghan Gharbi     744.2 of the EAR).
                                   Street, Valiasr
                                   Blve,Tehran, Iran.
                                  Shahid Bakeri       For all items       Presumption of      72 FR [INSERT FR
                                   Industrial Group    subject to the      denial.             PAGE NUMBER], 07/
                                   (a.k.a.             EAR. (See Sec.                          12/07.
                                   ``SBIG''),          744.3 of the EAR).
                                   Tehran, Iran.
                                  Shahid Hemmat       For all items       Presumption of      72 FR [INSERT FR
                                   Industrial Group    subject to the      denial.             PAGE NUMBER], 07/
                                   (a.k.a.             EAR. (See Sec.                          12/07.
                                   ``SHIG''),          744.3 of the EAR).
                                   Damavand Tehran
                                   Highway, Tehran,
                                   Iran.
 
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* * * * *

    Dated: July 9, 2007.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
 [FR Doc. E7-13551 Filed 7-11-07; 8:45 am]
BILLING CODE 3510-33-P