Export licensing: Exports or reexports, license requirements; entity list,

[Federal Register: May 28, 1999 (Volume 64, Number 103)]

[Rules and Regulations]

[Page 28909-28910]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr28my99-8]

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 744

[Docket No. 970428099-9105-09]

RIN 0694-AB60

Entity List: Addition of Entities located in the People's Republic of China; and Correction to Spelling of One Indian Entity Name.

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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 six entities located in the People's Republic of China to the Entity List. A license will be required for the export or reexport of all items subject to the EAR having a classification other than EAR99 to five of these entities. A license will be required for the export or reexport of all items subject to the EAR to the Northwest Institute of Nuclear Technology, in the Science Research, Xi'an, Shaanxi. License applications to export or reexport these items will be reviewed on a case-by-case basis to determine whether the export or reexport would make a material contribution to the proliferation of missiles. This rule also makes a correction to one Indian entity name which was inadvertently misspelled.

EFFECTIVE DATE: This rule is effective May 28, 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. 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

   [[Page 28910]]

   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:

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

   (a) Revising the Indian entity name ``Misrha Dhatu Nigam, Ltd. (MIDHANI), Hyderabad'' to read ``Mishra Dhatu Nigam, Ltd. (MIDHANI), Hyderabad; and

   (b) Adding, in alphabetical order, the following entities:

   Supplement No. 4 to Part 744--Entity List

   License

   License review Federal Register Country

   Entity

   requirement

   policy

   citation

   CHINA, PEOPLE'S REPUBLIC OF.... Beijing Aerospace For all items See Sec. 744.3 64 FR May 28, Automatic Control subject to the of this part. 1999. Institute, 51 Yong EAR having a Ding Road Beijing. classification other than EAR99. Beijing Institute of For all items See Sec. 744.3 64 FR May 28, Structure and

   subject to the of this part. 1999. Environmental

   EAR having a Engineering, a.k.a., classification Beijing Institute of other than EAR99. Strength and Environmental Engineering, No. 36 Wanyuan Road Beijing. China Aerodynamics For all items See Sec. 744.3 64 FR May 28, Research and

   subject to the of this part. 1999. Development Center EAR having a (CARDC) Sichuan

   classification Province.

   other than EAR99.

   *

   *

   *

   *

   *

   *

   * Northwest Institute of For all items See Sec. 744.2 64 FR May 28, Nuclear Technology, subject to the of this part. 1999. in the Science

   EAR. Research, Xi'an, Shaanxi. Shanghai Academy of For all items See Sec. 744.3 64 FR May 28, Spaceflight

   subject to the of this part. 1999. Technology, Shanghai, EAR having a Spaceflight Tower 222 classification Cao Xi Road Shanghai, other than EAR99. 20023. Shanghai Institute of For all items See Sec. 744.3 64 FR May 28, Space Power-Sources, subject to the of this part. 1999. Shanghai, 388 Cang Wu EAR having a Rd Shanghai.

   classification other than EAR99.

   *

   *

   *

   *

   *

   *

   *

   Dated: May 20, 1999. R. Roger Majak, Assistant Secretary for Export Administration.

   [FR Doc. 99-13351Filed5-27-99; 8:45 am]

   BILLING CODE 3510-33-P