[Federal Register: March 2, 2007 (Volume 72, Number 41)]
[Rules and Regulations]
[Page 9433-9434]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr07-1]
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Rules and Regulations
Federal Register
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[[Page 9433]]
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 070220040-7040-01]
RIN 0694-AD91
Addition of Entities to the Entity List
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) to add two entities located in
the United Arab Emirates (U.A.E.) to the Entity List. The Entity List
is a compilation of end-users that present an unacceptable risk of
using or diverting certain items to activities related to weapons of
mass destruction. BIS requires a license for most exports or reexports
to these entities and maintains the Entity List to inform the public of
these license requirements.
EFFECTIVE DATE: This rule is effective: March 2, 2007.
FOR FURTHER INFORMATION CONTACT: Michael Rithmire, Export
Administration Intelligence Liaison, Bureau of Industry and Security,
Telephone: (202) 482-6105.
SUPPLEMENTARY INFORMATION :
Background
This rule makes the following revisions to the Export
Administration Regulations (EAR):
Additions to the Entity List
Pursuant to 15 CFR 744.3(b), this rule amends Supplement No. 4 to
part 744 (the Entity List) by adding two entities located in the U.A.E.
to the Entity List. This notifies the public that a license is required
for the export or reexport of all items subject to the EAR to: Bazaar
Trading Co., No. 212 Baniyas Tower, Dubai, U.A.E. 6708; and Elmstone
Trading L.L.C., P.O. Box 24896, Sharjah, U.A.E. License applications to
export, reexport, or transfer (in-country) items subject to the EAR to
these entities will be reviewed based on the license review standards
for certain rocket systems and unmanned air vehicles end-uses found in
Sec. 744.3 of the EAR. Therefore, applications will be considered on a
case-by-case basis to determine whether the export, reexport, or
transfer would make a material contribution to the proliferation of
certain rocket systems, or unmanned air vehicles. When an export,
reexport or transfer is deemed to make a material contribution, the
license will be denied.
Savings Clause
Shipments of items removed from eligibility for a License Exception
or for export or reexport without a license (NLR) 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 a
carrier to a port of export or reexport on March 2, 2007, pursuant to
actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previous eligibility for a
License Exception or export or reexport without a license (NLR) so long
as they are exported or reexported before April 2, 2007. Any such items
not actually exported or reexported before midnight on April 2, 2007
require a license in accordance with this rule.
Since August 21, 2001, the Export Administration Act has been in
lapse and the President, through Executive Order 13222 of August 17,
2001 (3 CFR, 2001 Comp. 783 (2002)), as extended most recently by the
Notice of August 3, 2006, 71 FR 44551 (Aug. 7, 2006), has continued the
EAR in effect under the International Emergency Economic Powers Act.
BIS continues to carry out the provisions of the Act, as appropriate
and to the extent permitted by law, pursuant to Executive Order 13222.
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 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 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 Executive Order 13132.
4. The provisions of the Administrative Procedure Act 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. Comments
should be submitted to Timothy Mooney, Office of Exporter Services,
Bureau of Industry and Security, Department of Commerce, P.O. Box 273,
Washington, DC 20044.
[[Page 9434]]
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
0
Accordingly, part 744 of the Export Administration Regulations (15 CFR
parts 730-774) is amended as follows:
PART 744--[AMENDED]
0
1. The authority citation for 15 CFR part 744 is revised 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 August 3, 2006, 71
FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 FR 64109
(October 31, 2006).
0
2. Supplement No. 4 to part 744 is amended immediately following the
country of Syria, by adding, in alphabetical order, the country of
United Arab Emirates and U.A.E. entities: ``Bazaar Trading Co., No. 212
Baniyas Tower, Dubai, U.A.E. 6708''; and ``Elmstone Trading L.L.C.,
P.O. Box 24896, Sharjah, U.A.E.''; and the License Requirement column,
License Review Policy column and Federal Register Citation column for
these entities, to read as follows.
Supplement No. 4 to Part 744--ENTITY LIST
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License License Review Federal Register
Country Entity Requirement Policy Citation
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* * * * * * *
United Arab Emirates............ Bazaar Trading For all items See Sec. 72 FR [insert FR
Co., No. 212 subject to the 744.3(d) of this page number],
Baniyas Tower, EAR. part. March 2, 2007.
Dubai, U.A.E.
6708.
Elmstone Trading For all items See Sec. 72 FR [Insert FR
L.L.C., P.O. Box subject to the 744.3(d) of this page number],
24896, Sharjah, EAR. part. March 2, 2007.
U.A.E.
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* * * * *
Dated: February 22, 2007.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
[FR Doc. E7-3538 Filed 3-1-07; 8:45 am]
BILLING CODE 3510-33-P