[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]


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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.

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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 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

 
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                                                                                            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).
 
*                  *                  *                  *                  *                  *
                                                        *
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    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