[Federal Register: November 15, 2004 (Volume 69, Number 219)]
[Rules and Regulations]
[Page 65539-65540]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no04-11]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No.041103304-4304-01]
RIN 0694-AD12
Entity List: Removal of Four Russian Entities
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: This final rule amends the Export Administration Regulations
by removing four Russian entities from the Entity List, and by removing
certain license requirements for exports and reexports to these
entities, in conformance with a determination of the Department of
State to remove nonproliferation measures imposed on these entities in
1998 and 1999.
DATES: This rule is effective November 15, 2004.
ADDRESSES: You may submit comments, identified by RIN 0694-AD12, by any
of the following methods:
E-mail: scook@bis.doc.gov. Include ``RIN 0694-AD12'' in
the subject line of the message.
Fax: (202)482-3355
Mail or Hand Delivery/Courier: Sharron Cook, U.S.
Department of Commerce, Bureau of Industry and Security, Regulatory
Policy Division, 14th & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230, ATTN: RIN 0694-AD12.
FOR FURTHER INFORMATION CONTACT: Eileen M. Albanese, Office of Exporter
Services, Bureau of Industry and Security, Telephone: (202) 482-0436.
SUPPLEMENTARY INFORMATION:
Background
In 1998 and 1999, the Department of Commerce imposed license
requirements on four Russian entities, under section 744.10 of the
Export Administration Regulations (EAR), in conformance with
determinations by the Department of State that these entities had
engaged in nuclear or missile technology proliferation activities that
required the imposition of measures pursuant to Executive Order 12938,
as amended (``Proliferation of Weapons of Mass Destruction''). These
entities were added to the Entity List, set forth in Supplement No. 4
to part 744 of the EAR, as follows:
1. Europalace 2000
2. Grafit (aka State Scientific Research Institute of Graphite or
NIIGRAFIT)
[[Page 65540]]
3. MOSO Company
4. The Scientific Research and Design Institute of Power Technology
(aka NIKIET, Research and Development Institute of Power Engineering
(RDIPE), and ENTEK).
The Department of State made its determination with regard to, and
imposed nonproliferation measures against, Europalace 2000, Grafit, and
MOSO Company on July 30, 1998 (63 FR 42089). BIS imposed conforming
license requirements on these three entities under the EAR on July 29,
1998 (63 FR 40363). The Department of State made its determination with
regard to, and imposed nonproliferation measures against, the
Scientific Research and Design Institute of Power Technology on January
8, 1999 (64 FR 2935), and BIS imposed license requirements on this
entity under the EAR on March 26, 1999 (64 FR 14605).
On March 23, 2004, the Department of State determined that it is in
the foreign policy and national security interests of the United States
to remove nonproliferation measures imposed on these four Russian
entities (69 FR 17262). In conformance with this determination, this
final rule removes the license requirements under section 744.10 for
exports and reexports to these entities, and removes these entities
from the Entity List.
The removal of these entities from the Entity List eliminates the
license requirements under section 744.10 of the EAR for exports and
reexports to these entities. However, license requirements for exports
and reexports set forth in part 744 still apply to these entities when
the exporter or reexporter knows that the item will be used in a
prohibited activity. BIS strongly urges the use of Supplement No. 3 to
part 732 of the EAR, ``BIS's `Know Your Customer' Guidance and Red
Flags'' when exporting or reexporting.
Although the Export Administration Act expired on August 20, 2001,
Executive Order 13222 of August 17, 2001 (66 FR 44025, August 22,
2001), extended by the Notice of August 6, 2004, 69 FR 48763 (August
10, 2004), continues the EAR in effect under the International
Emergency Economic Powers Act.
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 of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
involves a collection of information subject to the PRA. This
collection has been approved by OMB under control number 0694-0088,
``Multi-Purpose Application,'' which carries a burden hour estimate of
58 minutes for a manual or electronic submission. Send comments
regarding these burden estimates or any other aspect of these
collections of information, including suggestions for reducing the
burden, to David Rostker, Office of Management and Budget (OMB), by e-
mail to David_Rostker@omb.eop.gov, or by fax to (202)395-7285; and to
the Office of Administration, Bureau of Industry and Security,
Department of Commerce, 14th and Pennsylvania Avenue, NW., Room 6883,
Washington, DC 20230.
3. This rule does not contain policies with Federalism implications
as that term is defined 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 final 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. Please refer to the ADDRESSES section
cited above for comment submission.
List of Subjects in 15 CFR Part 744
Exports, Foreign trade, Reporting and recordkeeping requirements.
0
Accordingly, part 744 of the Export Administration Regulations (15 CFR
parts 730-799) is amended as follows:
PART 744--[AMENDED]
0
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; Sec. 901-911, Pub. L. 106-
387; Sec. 221, Pub. L. 107-56; 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. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60
FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224,
66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of November 9, 2001,
66 FR 56965, 3 CFR, 2001 Comp., p. 917; Notice of August 6, 2004, 69
FR 48763 (August 10, 2004).
0
2. Supplement No. 4 to part 744 is amended by removing entries for the
entities ``Europalace 2000, Moscow,'' ``Grafit (a.k.a. State Scientific
Research Institute of Graphite or NIIGRAFIT), 2 Ulitsa Elektrodnaya,
111524, Moscow,'' ``MOSO Company, Moscow,'' and ``The Scientific
Research and Design Institute of Power Technology (a.k.a. NIKIET,
Research and Development Institute of Power Engineering (RDIPE), and
ENTEK) (including at 101000, P.O. Box 788, Moscow, Russia)'' under the
country of ``Russia''.
Dated: November 8, 2004.
Peter Lichtenbaum,
Assistant Secretary for Export Administration.
[FR Doc. 04-25308 Filed 11-12-04; 8:45 am]
BILLING CODE 3510-33-P