Revision to Entity List: Bharat Electronics, Ltd. (aka Baharat Electronics, Ltd.), India

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 744

[Docket No. 970428099-7227-04]

RIN 0694-AB60

Revision to Entity List: Bharat Electronics, Ltd. (aka Baharat

Electronics, Ltd.), India

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 amends the Entity List by revising

the entry ``Bharat Electronics LTD, (aka Baharat Electronics, Ltd.)

located in India, for all items subject to the EAR''. The entry will

now read, ``Bharat Electronics Limited (BEL) in Bangalore, India; and

Bharat Electronics Limited (BEL) in Hyderabad, India; for all items

subject to the EAR having a classification other than EAR99. In

addition, exporters are reminded to follow ``BXA's Know Your Customer

Guidance and Red Flags'', see Supplement No. 3 to part 732 of the EAR,

with regard to specific end-use of any item subject to the EAR destined

to any Bharat Electronics Limited located in India.

EFFECTIVE DATE: October 1, 1997.

FOR FURTHER INFORMATION CONTACT: Eileen M. Albanese, Office of Exporter

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

SUPPLEMENTARY INFORMATION:

Background

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

exports to certain end-users or end-uses, as described in Part 744,

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.

This rule narrows the scope of products subject to the end-user

license requirement and clarifies the end-user by specifying the

facilities of Bharat Electronics by city name. Other Bharat Electronics

Limited entities would be subject to normal licensing procedures, with

the caveat that you may not, without a license, knowingly export or

reexport any item subject to the EAR to an end-user or end-use that is

prohibited by part 744 of the EAR, per general prohibition five.

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, notice of August 15, 1995 (60 FR 42767), and August 14, 1996

(61 FR 42527); and August 13, 1997 (62 FR 43629).

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

[[Page 51370]]

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:

PART 744--[AMENDED]

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; Notice of August 15,

1995 (60 FR 42767, August 17, 1995); Notice of August 14, 1996 (61

FR 42527, August 15, 1996); and Notice of August 13, 1997 (62 FR

43629, August 15, 1997).

2. Section 744.1 is amended by revising 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. No License Exceptions are available for exports

or reexports to listed entities of specified items.

3. Supplement No. 4 to part 744 is amended by removing the entity

``Bharat Electronics LTD'' and adding in its place the following entity

to read as follows:

Supplement No. 4 to Part 744--Entity List

* * * * *

Bharat Electronics Limited (BEL) in Bangalore, India; and Bharat

Electronics Limited (BEL) in Hyderabad, India; for all items subject

to the EAR having a classification other than EAR99. In addition,

exporters are reminded to follow ``BXA's Know Your Customer Guidance

and Red Flags'', see Supplement No. 3 to part 732 of the EAR, with

regard to the specific end-use of any item subject to the EAR

destined to any Bharat Electronics Limited located in India.

* * * * *

Dated: September 26, 1997.

James A. Lewis,

Acting Assistant Secretary for Export Administration.

[FR Doc. 97-26048 Filed 9-30-97; 8:45 am]

BILLING CODE 3510-33-P