Revisions to the Export Administration Regulations: Additions to the Entity List

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 744

[Docket No. 970428099-7150-02]

RIN 0694-AB60

Revisions to the Export Administration Regulations: Additions to

the Entity List

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 makes several additions to the

entity list.

EFFECTIVE DATE: This rule is effective June 30, 1997.

FOR FURTHER INFORMATION CONTACT: Eileen Albanese, Office of Exporter

Services, Bureau of Export Administration, Telephone: (202) 482-0436.

SUPPLEMENTARY INFORMATION:

Background

On February 3, 1997, the Bureau of Export Administration published

in the Federal Register a rule that established the ``Entity List''

found in Supplement No. 4 to Part 744 of the Export Administration

Regulations. The Entity List was established to inform exporters about

entities that are ineligible to receive specified items without a

license.

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.

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 and

August 14, 1996.

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 unless that collection of information

displays a current valid OMB 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.

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 (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 (Sec. 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, 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.; 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, November 19, 1996); Notice of August 15, 1995, 3 CFR, 1995

Comp., p. 501; and Notice of August 14, 1996 (61 FR 42527, August

15, 1996).

PART 744--[AMENDED]

2. Supplement No. 4 to part 744 is amended by adding, in

alphabetical order, the following entities:

Supplement No. 4 to Part 744--Entity List

All-Russian Scientific Research Institute of Technical Physics,

(aka VNIITF, Chelyabinsk-70, All-Russian Research Institute of

Technical Physics, ARITP, Russian Federal Nuclear Center), the All-

Union Scientific Research Institute of Experimental Physics, (aka

VNIIEF, Arzamas-16, Russian Federal Nuclear Center, All Russian

Research Institute of Experimental Physics, ARIEP, Khariton Institute)

and any other entities, institutes, or centers associated with the

Ministry for Atomic Power of Russia located in either Snezhinsk or

Kremlev, Russia, for all items subject to the EAR.

Bhaba Atomic Research Center (BARC), Trombay, India, for all items

subject to the EAR.

* * * * *

Chinese Academy of Engineering Physics (aka Ninth Academy,

including the Southwest Institutes of: Applied Electronics, Chemical

Materials, Electronic Engineering, Explosives and Chemical Engineering,

Environmental Testing, Fluid Physics, General Designing and Assembly,

Machining Technology, Materials, Nuclear Physics and Chemistry,

Structural Mechanics; Research and Applications of Special Materials

Factory; Southwest Computing Center (all of preceding located in or

near Mianyang, Sichuan Province); Institute of Applied Physics and

Computational Mathematics, Beijing; and High Power Laser Laboratory,

Shanghai, People's Republic of China), for all items subject to the

EAR.

Indira Gandhi Center for Atomic Research, Khalpakham, India, for

all items subject to the EAR.

Khan Research Laboratory, Kahuta, Pakistan, for all items subject

to the EAR.

Nuclear Research Center at Negev, Dimona, Israel, for all items

subject to the EAR.

Pakistan Institute for Nuclear Science and Technology, Rawalpindi,

Pakistan, (including New Labs Rawalpindi) for all items subject to the

EAR.

[[Page 35335]]

Dated: June 26, 1997.

Iain S. Baird,

Acting Assistant Secretary for Export Administration.

[FR Doc. 97-17146 Filed 6-27-97; 8:45 am]

BILLING CODE 3510-33-P