Entity List: Addition of Russian Entities; and Revisions to Certain Indian and Pakistani Entities

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 744

[Docket No. 970428099-9015-08]

RIN 0694-AB60

Entity List: Addition of Russian Entities; and Revisions to

Certain Indian and Pakistani Entities

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 adds to the entity list three

Russian entities. Exports or reexports of all items subject to the EAR

to these newly added entities now require a license, and applications

will be reviewed with a presumption of denial.

EFFECTIVE DATE: This rule is effective March 26, 1999.

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 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. This rule adds three entities in Russia to this list.

This rule also makes editorial changes and adds clarifying revisions to

the Entity List.

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 (60 FR

42767), August 14, 1996 (61 FR 42527), August 13, 1997 (62 FR 43629)

and August 13, 1998 (63 FR 44121).

Rulemaking Requirements

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

the 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 requirements 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 requiring

notice of proposed rulemaking, the opportunity for public

participation, and a delay in effective date, are inapplicable because

this regulation involves a military or foreign affairs function of the

United States (see 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 rule. Because a notice of proposed rulemaking

and an opportunity for public comment are not required to be given for

this rule by 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 inapplicable.

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, Office of Exporter Services, 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., 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);

Notice of August 13, 1997 (62 FR 43629, August 15, 1997); Notice of

August 13, 1998 (63 FR 44121, August 17, 1998).

PART 744--[AMENDED]

2. Part 744 is amended by revising Sec. 744.10 to read as follows:

Sec. 744.10 Restrictions on certain entities in Russia.

(a) General prohibition. Certain entities in Russia are included in

Supplement No. 4 to this part 744 (Entity List). (See also

Sec. 744.1(c) of the EAR.) Exporters are hereby informed that these

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

a license.

(b) Exceptions. No License Exceptions apply to the prohibition

described in paragraph (a) of this section.

(c) License review standards. Applications to export or reexport

items subject to the EAR to these entities will be reviewed with a

presumption of denial.

3. Supplement No. 4 to part 744 is amended by:

[[Page 14606]]

(a) Placing the Indian entity ``Department of Atomic Energy (DAE)

located in Mumbai (formerly Bombay) and subordinate entities

specifically listed in this Supplement.'' in alphabetical order;

(b) Revising the Pakistani entity name ``Khewra Soda Ash Plant'',

to read ``Khewra Soda Ash Plant, Soda Ash Businesses, Soda Ash Works,

Khewra Distt. Jhelum, (owned by ICI Pakistan Limited).'';

(c) Revising the Russian entity name ``Glavkosmos, 9

Krasnoproletarskaya st., 103030 Moscow.'' to read ``Glavkosmos, 9

Krasnoproletarskaya St., 103030 Moscow.''; and

(d) Adding, in alphabetical order, the following entries:

Supplement No. 4 to Part 744--Entity List

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License License review Federal Register

Country Entity requirement policy citation

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* * * * * *

*

Russia: Medeleyev For all items Presumption of 64 FR 14606 March

University of subject to the denial. 26, 1999.

Chemical EAR (see Sec.

Technology of 744.10 of the

Russia (including EAR).

at 9 Miusskaya

Sq. Moscow

125047, Russia).

* * * * * *

*

Moscow Aviation For all items Presumption of 64 FR 14606 March

Institute (MAI) subject to the denial. 26, 1999.

(including at 4 EAR (see Sec.

Volokolamskoye 744.10 of the

Shosse, Moscow EAR).

125871, Russia).

* * * * * *

*

The Scientific For all items Presumption of 64 FR 14606 March

Research and subject to the denial. 26, 1999

Design Institute EAR (see Sec.

of Power 744.10 of the

Technology EAR).

(a.k.a. NIKIET,

Research and

Development

Institute of

Power Engineering

(RDIPE), and

ENTEK) (including

at 101000, P.O.

Box 788, Moscow,

Russia).

* * * * * *

*

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Dated: March 19, 1999.

R. Roger Majak,

Assistant Secretary for Export Administration.

[FR Doc. 99-7438 Filed 3-25-99; 8:45 am]

BILLING CODE 3510-33-P