[Federal Register Volume 62, Number 190 (Wednesday, October 1, 1997)]
[Rules and Regulations]
[Pages 51369-51370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26048]


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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