Entity List

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 744

[Docket No. 961205341-6341-01]

RIN 0694-AB24

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. To provide

notice informing the public of an entity subject to this rule, this

rule establishes a list of entities that are ineligible to receive

specified items without a license.

EFFECTIVE DATE: This rule is effective February 3, 1997.

FOR FURTHER INFORMATION CONTACT: James A. Lewis, Office of Strategic

Trade and Foreign Policy Controls, Bureau of Export Administration,

Telephone: (202) 482-0092.

SUPPLEMENTARY INFORMATION:

Background

General Prohibition Five (Sec. 736.2(b)(5) of the EAR) prohibits

exports to certain end-users or end-uses without a license. This final

rule amends Sec. 744.1 to refer exporters to the newly added Supplement

No. 4 to part 744 of the EAR, the Entity List, which informs exporters

that a license is required for shipments to Ben Gurion University,

Israel, of computers with a CTP between 2,000 and 7,000 Mtops.

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.

Rulemaking Requirements

1. This final rule has been determined to be not significant for

purposes of Executive Order 12866.

2. This rule 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.

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 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 Hillary

Hess, 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:

PART 744--[AMENDED]

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; 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 (November

15, 1996, 61 FR 58767); Notice of August 15, 1995 (60 FR 42767,

August 17, 1995); and Notice of August 14, 1996 (61 FR 42527).

2. Section 744.1 is amended by adding paragraph (c) to read as

follows:

Sec. 744.1 General provisions.

* * * * *

(c) A list of entities is included in Supplement No. 4 to this part

744 of the EAR (Entity List). Exporters are hereby informed that these

entities are ineligible to receive any items subject to the EAR without

a license to the extent specified in the supplement. License

applications will be reviewed under the license review standards set

forth in this part 744.

3. A new Supplement No. 4 is added to part 744 to read as follows:

Supplement No. 4 to Part 744--Entity List

This Supplement lists certain entities subject to license

requirements for specified items under this part 744 of the EAR.

This list of entities is revised and updated on a periodic basis in

this Supplement by adding new or amended notifications and deleting

notifications no longer in effect.

Ben Gurion University, Israel for computers between 2,000 and 7,000

Mtops

Dated: January 28, 1997.

Sue E. Eckert,

Assistant Secretary for Export Administration.

[FR Doc. 97-2503 Filed 1-31-97; 8:45 am]

BILLING CODE 3510-33-P