[Federal Register Volume 65, Number 236 (Thursday, December 7, 2000)]
[Rules and Regulations]
[Pages 76561-76562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31101]



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Rules and Regulations
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Federal Register / Vol. 65, No. 236 / Thursday, December 7, 2000 / 
Rules and Regulations

[[Page 76561]]



DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 736 and 744

[Docket No. 001128335-0335-01]
RIN 0694-AC38


General Order Concerning Shaykh Hamad bin Ali bin Jaber Al-Thani, 
Gulf Falcon Group, Ltd., and Related Entities

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Export Administration is issuing General Order 
No. 3 which imposes a license requirement for exports and reexports of 
all items subject to the Export Administration Regulations (EAR) that 
are on the Commerce Control List destined to or for Shaykh Hamad bin 
Ali bin Jaber Al-Thani and entities related to or controlled by him, as 
follows: Gulf Falcon Group, Ltd. located in Doha, Qatar; Air Gulf 
Falcon located in Sharjah, United Arab Emirates; Falcon Aircraft 
Maintenance Center located in Sharjah, United Arab Emirates; and Falcon 
Air Leasing located in Sharjah, United Arab Emirates. This order also 
prohibits the use of License Exceptions for exports and reexports of 
all items subject to the EAR that are listed on the Commerce Control 
List to these entities. This rule amends the EAR to implement General 
Order No. 3.

EFFECTIVE DATE: This rule is effective December 7, 2000.

FOR FURTHER INFORMATION CONTACT: Eileen Albanese, Director, Office of 
Exporter Services, Bureau of Export Administration, Telephone: (202) 
482-0436.

SUPPLEMENTARY INFORMATION:   

Background

    On November 16, 2000, Shaykh Hamad bin Ali bin Jaber Al-Thani 
delivered to Baghdad, Iraq, a Boeing 747 aircraft to Iraqi President 
Saddam Hussein as a gift. This action violated the United Nations 
Security Council resolution restricting trade with Iraq. To guard 
against further such diversions to Iraq, the Department of Commerce is 
issuing General Order No. 3 imposing a license requirement for exports 
and reexports of all items subject to the EAR that are listed on the 
Commerce Control List destined to or for Shaykh Hamad bin Ali bin Jaber 
Al-Thani and entities related to or controlled by him, as follows: Gulf 
Falcon Group, Ltd. located in Doha, Qatar; Air Gulf Falcon located in 
Sharjah, United Arab Emirates; Falcon Aircraft Maintenance Center 
located in Sharjah, United Arab Emirates; and Falcon Air Leasing 
located in Sharjah, United Arab Emirates. This order also prohibits the 
use of License Exceptions (see part 740 of the EAR) for exports and 
reexports of items subject to the EAR that are listed on the Commerce 
Control List to such entities. This rule amends the EAR to implement 
General Order No. 3.
    To assist readers in finding in the EAR these additional end-users 
subject to special restrictions with respect to exports and reexports, 
this rule also adds a new section 744.15 to part 744, ``Control Policy: 
End-User and End-Use Based,'' which provides a cross reference to the 
prohibitions contained in the general orders in Supplement No. 1 to 
part 736.

Saving Clause

    Shipments of items subject to the requirements of General Order No. 
3 that are removed from License Exception or NLR eligibility as a 
result of this regulatory action that were on dock for loading, on 
lighter, laden aboard an exporting or reexporting carrier, or en route 
aboard carrier to a port of export or reexport pursuant to actual 
orders for export on December 7, 2000 may be exported or reexported 
under the previous License Exception or NLR provisions up to and 
including December 14, 2000. Any such items not actually exported or 
reexported before midnight December 14, 2000, require a license in 
accordance with General Order No. 3.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, 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 Office of Management and Budget 
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, ``Multi-Purpose Application,'' which 
carries a burden hour estimate of 45 minutes for a manual submission 
and 40 minutes for an electronic submission.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under E.O. 
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 (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 interim rule. Because a notice of 
proposed rulemaking and an opportunity for public comment are not 
required to be given for this rule under the Administrative Procedure 
Act 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, Office 
of Exporter Services, Bureau of Export Administration, Department of 
Commerce, P.O. Box 273, Washington, DC 20044.

[[Page 76562]]

List of Subjects

15 CFR Part 736

    Exports, Foreign trade.

15 CFR Part 744

    Exports, Foreign trade, Reporting and recordkeeping requirements.

    Accordingly, parts 736 and 744 of the Export Administration 
Regulations (15 CFR parts 730-799) are amended as follows:

PART 736--[AMENDED]

    1. The authority citation for 15 CFR part 736 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; Pub. L. No. 106-508; 50 
U.S.C. 1701 et seq.; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 
917; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of 
August 3, 2000 (65 FR 48347, August 8, 2000).

    2. Supplement No. 1 to Part 736 is amended by adding and reserving 
General Order No. 2 and adding General Order No. 3 to read as follows:

Supplement No. 1 to Part 736--General Orders

* * * * *
    General Order No. 2 [Reserved]
    General Order No. 3 of December 7, 2000; Imposition of license 
requirements and prohibition on use of any License Exceptions for 
exports and reexports of items subject to the EAR that are listed on 
the Commerce Control List to Shaykh Hamad bin Ali bin Jaber Al-Thani 
and entities related to or controlled by him, as follows: Gulf Falcon 
Group, Ltd. located in Doha, Qatar; Air Gulf Falcon located in Sharjah, 
United Arab Emirates; Falcon Aircraft Maintenance Center located in 
Sharjah, United Arab Emirates; and Falcon Air Leasing located in 
Sharjah, United Arab Emirates.
    (a) License requirements. Effective December 7, 2000, a license is 
required for all items subject to the EAR that are listed on the 
Commerce Control List destined to or for: Shaykh Hamad bin Ali bin 
Jaber Al-Thani and entities related to or controlled by him, as 
follows: Gulf Falcon Group, Ltd. located in Doha, Qatar; Air Gulf 
Falcon located in Sharjah, United Arab Emirates; Falcon Aircraft 
Maintenance Center located in Sharjah, United Arab Emirates; and Falcon 
Air Leasing located in Sharjah, United Arab Emirates.
    (b) License Exceptions. No License Exceptions are available for 
exports or reexports to the entities described in paragraph (a) of this 
General Order.
    (c) Licensing policy. Items will be reviewed on a case-by-case 
basis to determine whether there is a risk of diversion contrary to 
United Nations sanctions or U.S. law.

PART 744--[AMENDED]

    3. 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. No. 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; Notice of 
November 9, 2000 (65 FR 68063, November 13, 2000); Notice of August 
3, 2000 (65 FR 48347, August 8, 2000).

    4. Part 744 is amended by adding section 744.15 to read as follows:


Sec. 744.15  Restrictions on exports and reexports to persons named in 
General Orders.

    Supplement No. 1 to part 736 of the EAR names certain persons 
(individuals and other legal entities) subject to special restrictions 
with respect to exports and reexports subject to the EAR. You may not 
violate any order issued under or made a part of the EAR, per General 
Prohibition nine of part 736 of the EAR.

    Dated: November 27, 2000.
R. Roger Majak,
Assistant Secretary for Export Administration.
[FR Doc. 00-31101 Filed 12-6-00; 8:45 am]
BILLING CODE 3510-33-P