[Federal Register Volume 66, Number 93 (Monday, May 14, 2001)]
[Rules and Regulations]
[Pages 24264-24267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12188]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Part 744
[Docket No. 9704-28099-0127-10]
RIN 0694-AB60
Entity List: Revisions and Additions
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 contain
a list of such entities called the Entity List. This rule adds to the
Entity List twelve entities located in the People's Republic of China
(PRC). This rule also modifies three Russian entity listings and one
Chinese entity listing, and makes one correction to an Israeli entity.
EFFECTIVE DATE: This rule is effective May 14, 2001.
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.
There are three levels of license requirements for the twelve
entities added to the Entity List by this rule. A license will be
required for the export or reexport of all items subject to the EAR
having a classification other than EAR99 to the following two PRC
entities: Baotou Guanghua Chemical Industrial Corporation and Xian
Research Institute of Navigation Technology. A license will be required
for the export or reexport of all items subject to the EAR to the
following five PRC entities: 13 Institute, China Academy of Launch
Vehicle Technology, (CALT), aka 713 Institute or Beijing Institute of
Control Devices, PRC; Beijing Power Machinery Institute, PRC; Beijing
University of Aeronautics and Astronautics (BUAA), PRC; First
Department, China Academy of Launch Vehicle Technology, (CALT), PRC;
and Xiangdong Machinery Factory, PRC. A license will be required for
the export or reexport of all items subject to the EAR having a
classification other than EAR99 or a classification where the third
through fifth digits are ``999'' of the ECCN, e.g., XX999 to the
following five PRC entities: 35 Institute, aka Beijing Huahang Radio
Measurements Research Institute; 33 Institute, aka Beijing Institute of
Automatic Control Equipment; Southwest Research Institute of
Electronics Technology, Chengdu; Northwestern Polytechnical University;
and 54th Research Institute of China, aka Communication, Telemetry and
Telecontrol Research Institute (CTI).
License applications to export or reexport these items to all but
one of the
[[Page 24265]]
entities (the Baotou Guanghua Chemical Industrial Corporation, 202
Factory Baotou located in Inner Mongolia, PRC) will be reviewed based
on the license review standards for missile end-uses found in section
744.3 of the Export Administration Regulations. Therefore, applications
will be considered on a case-by-case basis to determine whether the
export would make a material contribution to the proliferation of
missiles. When an export or reexport is deemed to make a material
contribution, the license will be denied.
License applications to export or reexport all items subject to the
EAR having a classification other than EAR99 to Baotou Guanghua
Chemical Industrial Corporation, 202 Factory Baotou, Inner Mongolia,
PRC will be reviewed based on the license review criteria set out for
nuclear end-uses found in section 744.2 of the Export Administration
Regulations.
This rule also clarifies the location of the Russian entities
``All-Russian Scientific Research Institute of Technical Physics'',
``All-Union Scientific Research Institute of Experimental Physics'',
and ``Ministry for Atomic Power of Russia'' by adding in parentheticals
that ``Sarov'' is an alternate name for the city of Kremlev, i.e.,
Kremlev (Sarov).
In addition, this rule adds an alternate name that is used by the
Chinese Academy of Engineering Physics, Southwest Institute of Nuclear
Physics and Chemistry. This institute is also known as the China
Academy of Eng[ineering] Physics [CAEP]'s 902 Institute located in
Mianyang, PRC.
On March 10, 2000, a rule was published that revised the license
requirement section of Ben Gurion University on the Entity List. This
rule adds the inadvertently omitted Federal Register citation of the
March 10 revision to the Federal Register Citation column of the
Israeli entity ``Ben Gurion University'.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of E.O. 12866.
2. This rule involves a collection 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, ``Multi-Purpose Application,'' which
carries a burden hour estimate of 40 minutes to prepare and submit
electronically and 45 minutes to submit manually on form BXA-748P.
Notwithstanding any other provision of law, no person is required to
respond nor shall any person 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 currently valid OMB Control Number.
3. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under
Executive Order 13132.
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 (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 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 730-799) is amended as follows:
1. The authority citation for 15 CFR part 744 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; Pub. L. 106-508; 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, 3 CFR, 1996 Comp., p. 228; E.O. 13206
(66 FR 18397, April 9, 2001); Notice of November 9, 2000 (65 FR
68063, November 13, 2000).
PART 744--[AMENDED]
2. Supplement No. 4 to part 744 is amended as follows:
a. In the country ``Israel'' entry, in the entry for the Israeli
entity ``Ben Gurion University, Israel'' in the ``Federal Register
Citation'' column, revise the entry to read ``62 FR 4910, 2/3/97; 65 FR
12919, 3/10/00.'';
b. Amending the country ``China, People's Republic of'' entry by
revising the entry for the Chinese entity ``Chinese Academy of
Engineering Physics'' and amending the country ``Russia'' by revising
the Russian entities ``All-Russian Scientific Research Institute of
Technical Physics'', ``All-Union Scientific Research Institute of
Experimental Physics'', and ``Ministry for Atomic Power of Russia'', to
read as follows; and
c. Adding, in alphabetical order, the following entities for
``China, People's Republic of'', to read as follows:
Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
Federal Register
Country and entity License requirement License review policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
China, People's Republic of:
13 Institute, China Academy of For all items subject to See Sec. 744.3(d) of 66 FR 24265, May 14,
Launch Vehicle Technology, the EAR. this part. 2001.
(CALT), aka 713 Institute or
Beijing Institute of Control
Devices.
[[Page 24266]]
33 Institute, aka Beijing For all items subject to See Sec. 744.3(d) of 66 FR 24266, May 14,
Institute of Automatic the EAR having a this part. 2001.
Control Equipment. classification other
than EAR99 or a
classification where
the third through fifth
digits of the ECCN are
``999'', e.g., XX999.
35 Institute, aka Beijing For all items subject to See Sec. 744.3(d) of 66 FR 24266, May 14,
Huahang Radio Measurements the EAR having a this part. 2001.
Research Institute. classification other
than EAR99 or a
classification where
the third through fifth
digits of the ECCN are
``999'', e.g., XX999.
54th Research Institute of For all items subject to See Sec. 744.3(d) of 66 FR 24266, May 14,
China, aka Communication, the EAR having a this part. 2001.
Telemetry and Telecontrol classification other
Research Institute (CTI). than EAR99 or a
classification where
the third through fifth
digits of the ECCN are
``999'', e.g., XX999.
Baotou Guanghua Chemical For all items subject to See Sec. 744.2(d) of 66 FR 24266, May 14,
Industrial Corporation, 202 the EAR having a this part. 2001.
Factory Baotou, Inner classification other
Mongolia. than EAR99.
* * * * * *
*
Beijing Power Machinery For all items subject to See Sec. 744.3(d) of 66 FR 24266, May 14,
Institute. the EAR. this part. 2001.
Beijing University of For all items subject to See Sec. 744.3(d) of 66 FR 24266, May 14,
Aeronautics and Astronautics the EAR. this part. 2001.
(BUAA).
* * * * * *
*
Chinese Academy of Engineering For all items subject to Case-by-case basis...... 62 FR 35334, 6/30/97; 66
Physics (aka Ninth Academy, the EAR. FR 24266, May 14, 2001.
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
(aka China Academy of
Eng[ineering] Physics
[CAEP]'s 902 Institute,
Mianyang), 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).
* * * * * *
*
First Department, China For all items subject to See Sec. 744.3(d) of 66 FR 24266, May 14,
Academy of Launch Vehicle the EAR. this part. 2001.
Technology, (CALT).
* * * * * *
*
Northwestern Polytechnical For all items subject to See Sec. 744.3(d) of 66 FR 24266, May 14,
University. the EAR having a this part. 2001.
classification other
than EAR99 or a
classification where
the third through fifth
digits of the ECCN are
``999'', e.g., XX999.
[[Page 24267]]
* * * * * *
*
Southwest Research Institute For all items subject to See Sec. 744.3(d) of 66 FR 24267, May 14,
of Electronics Technology, the EAR having a this part. 2001.
Chengdu. classification other
than EAR99 or a
classification where
the third through fifth
digits of the ECCN are
``999'', e.g., XX999.
* * * * * *
*
Xian Research Institute of For all items subject to See Sec. 744.3(d) of 66 FR 24267, May 14,
Navigation Technology. the EAR having a this part. 2001.
classification other
than EAR99.
Xiangdong Machinery Factory... For all items subject to See Sec. 744.3(d) of 66 FR 24267, May 14,
the EAR. this part. 2001.
* * * * * *
*
Russia:
All-Russian Scientific For all items subject to Case-by-case basis...... 62 FR 35334, 6/30/97; 66
Research Institute of the EAR. FR 24267, May 14, 2001.
Technical Physics, (aka
VNIITF, Chelyabinsk-70, All-
Russian Research Institute of
Technical Physics, ARITP,
Russian Federal Nuclear
Center) located in either
Snezhinsk or Kremlev (Sarov).
All-Union Scientific Research For all items subject to Case-by-case basis...... 62 FR 35334, 6/30/97; 66
Institute of Experimental the EAR. FR 24267, May 14, 2001.
Physics, (aka VNIIEF, Arzamas-
16, Russian Federal Nuclear
Center, All Russian Research
Institute of Experimental
Physics, ARIEP, Khariton
Institute) located in either
Snezhinsk or Kremlev (Sarov).
* * * * * *
*
Ministry for Atomic Power of For all items subject to Case-by-case basis...... 62 FR 35334, 6/30/97; 66
Russia (any entities, the EAR. FR 24267, May 14, 2001.
institutes, or centers
associated with) located in
either Snezhinsk or Kremlev
(Sarov).
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Dated: May 9, 2001.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 01-12188 Filed 5-11-01; 8:45 am]
BILLING CODE 3510-33-P