[Federal Register: July 15, 2004 (Volume 69, Number 135)]
[Rules and Regulations]
[Page 42332-42333]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy04-3]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 736 and 744
[Docket No. 040618189]
RIN 0694-AD21
Revocation of General Order No. 3 Which Imposed License
Requirements on Shaykh Hamad bin Ali bin Jaber Al-Thani and Entities
Related to or Controlled by Him
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
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SUMMARY: This final rule revokes General Order No. 3 of the Export
Administration Regulations (EAR). General Order No. 3 imposed a license
requirement for exports and reexports of all items on the Commerce
Control List destined to or for Shaykh Hamad bin Ali bin Jaber Al-Thani
and listed entities related to or controlled by him. This rule also
removes a related provision of the EAR.
EFFECTIVE DATE: This rule is effective July 15, 2004.
ADDRESSES: Although there is no public comment period, written comments
on this rule may be sent to Sheila Quarterman, Office of Exporter
Services, Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, P.O. Box 273, Washington, DC 20044, or e-mail:
squarter@bis.doc.gov.
FOR FURTHER INFORMATION CONTACT: Office of Exporter Services, Outreach
& Educational Services Division, Bureau of Industry and Security,
Department of Commerce, at (202) 482-4811.
SUPPLEMENTARY INFORMATION
Background
In November 2000, Shaykh Al-Thani delivered a Boeing 747 aircraft
to Iraqi President Saddam Hussein in Iraq as a gift, in violation of
the United Nations Security Council resolution restricting trade with
Iraq. To guard against further such diversions to Iraq, the Bureau of
Industry and Security issued General Order No. 3 on December 7, 2000,
imposing a license requirement for exports and reexports of all items
listed on the Commerce Control List (Supplement No. 1 to part 774 of
the EAR) and destined to Shaykh Al-Thani or entities related to or
controlled by him.
This final rule revokes General Order No. 3. This revocation
reflects changed circumstances in Iraq and is consistent with changes
in U.S. export control policies concerning Iraq and actions taken by
the United Nations Security Council with respect to the embargo against
Iraq. This final rule also removes section 744.15 of the EAR, which
provided a cross-reference to General Order No. 3.
Although the Export Administration Act expired on August 20, 2001,
Executive Order 13222 of August 17, 2001 ( 3 CFR, 2001 Comp. 783
(2002)), as extended by the Notice of August 7, 2003 (3 CFR, 2003 Comp.
328 (2004)), continues the Regulations 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 this collection
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
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 final rule. Because a
[[Page 42333]]
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 Sheila
Quarterman, Office of Exporter Services, Bureau of Industry and
Security, Department of Commerce, P.O. Box 273, Washington, DC 20044.
List of Subjects
15 CFR Part 736
Exports, foreign trade.
15 CFR Part 744
Exports, Foreign trade, Reporting and recordkeeping requirements.
0
Accordingly, parts 736 and 744 of the Export Administration Regulations
(15 CFR parts 730-799) are amended as follows:
PART 736--[AMENDED]
0
1. The authority citation for 15 CFR part 736 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. 2151 note, Pub. L. 108-175; E.O. 12938, 59 FR 59099, 3
CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp.
p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR
26751, May 13, 2004; Notice of October 29, 2003, 68 FR 62209, 3 CFR,
2003 Comp., p. 347; Notice of August 7, 2003, 68 FR 47833, 3 CFR,
2003 Comp., p. 328.
0
2. Supplement No. 1 to part 736 is amended by removing General Order
No. 3.
PART 744--[AMENDED]
0
3. 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 October 29, 2003,
68 FR 62209, 3 CFR, 2003 Comp., p. 347; Notice of August 7, 2003, 68
FR 47833, 3 CFR, 2003 Comp., p. 328.
Sec. 744.15 [Removed]
0
4. Part 744 is amended by removing and reserving Sec. 744.15.
Dated: July 5, 2004.
Peter Lichtenbaum,
Assistant Secretary for Export Administration.
[FR Doc. 04-16012 Filed 7-14-04; 8:45 am]
BILLING CODE 3510-33-P