DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Part 744
[Docket No. 970428099-7227-04]
Revision to Entity List: Bharat Electronics, Ltd. (aka Baharat Electronics, Ltd.), India
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 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.
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).
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
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 record keeping 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.; 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.
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(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
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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.
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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