[Federal Register: July 12, 2007 (Volume 72, Number 133)]
[Rules and Regulations]
[Page 38008-38010]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jy07-10]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 070615200-7202-01]
RIN 0694-AE06
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 five (5) entities
located in Iran 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.
DATES: Effective Date: This rule is effective: July 12, 2007. Although
there is no formal comment period, public comments on this regulation
are welcome on a continuing basis.
[[Page 38009]]
ADDRESSES: You may submit comments, identified by RIN 0694-AE06, by any
of the following methods:
E-mail: publiccomments@bis.doc.gov Include ``RIN 0694-AE06'' in the
subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy Division,
by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230,
Attn: RIN 0694-AE06.
Send comments regarding the collection of information associated
with this rule, 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 Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, P.O. Box 273, Washington, DC 20044. Comments on this
collection of information should be submitted separately from comments
on the final rule (i.e. RIN 0694-AE06)--all comments on the latter
should be submitted by one of the three methods outlined above.
FOR FURTHER INFORMATION CONTACT: Michael Rithmire, Chairman, End-User
Review Committee, Bureau of Industry and Security, Department of
Commerce, P.O. Box 273, Washington, DC 20044; by telephone (202) 482-
6105; or by e-mail to mrithmir@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The End-User Review Committee (ERC) is a U.S. Government
interagency group whose activities include reviewing and making
recommendations related to end-users of concern to the U.S. Government
for export control purposes. The ERC is a part of the ``inform by''
process. The ``inform by'' process is an interagency activity to review
candidates for addition to the Entity List. This process was
established December 10, 1996 by the National Security Council as a
reformation of the Enhanced Proliferation Control Initiatives (EPCI).
This interagency committee, the ERC, is responsible for reviewing
potential additions or deletions from the Entity List.
This rule implements a decision made by the ERC on May 1, 2007 to
add five (5) entities in Iran to Supplement No. 4 to part 744 (the
Entity List) to inform the public of three (3) of these entities'
involvement in prohibited nuclear activities described in Sec. 744.2
of the EAR and two (2) of these entities' involvement in prohibited
rocket systems and unmanned aerial vehicle activities described in
Sec. 744.3 of the EAR based upon the sanctions imposed on these
entities pursuant to United Nations Security Council Resolution 1737
and Executive Order 13382 (70 FR 38567, July 1, 2005). The ERC
determined that for the three (3) entities listed pursuant to Sec.
744.2(b) of the EAR, there is an unacceptable risk of use in, or
diversion to, any of the activities described in Sec. 744.2(a) of the
EAR, and that for the two (2) entities listed pursuant to Sec.
744.3(b) of the EAR, there is an unacceptable risk of use in, or
diversion to, activities described in Sec. 744.3(a)(1) or (a)(2).
To implement the May 1, 2007 ERC decision, this rule makes the
following revisions to the Export Administration Regulations (EAR):
Additions to the Entity List
Pursuant to 15 CFR 744.2(b), this rule amends Supplement No. 4 to
part 744 (the Entity List) by adding three (3) entities located in Iran
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: Atomic
Energy Organization of Iran (a.k.a. Sazeman-E Energy Atomi), P.O. Box
14144-1339, End of North Karegar Avenue, Tehran, Iran; Kala Electric
Company (a.k.a. Kalaye Electric Company), 33 Fifteenth (15th) Street,
Seyed-Jamal-Eddin-Assad Abadi Avenue, Tehran, Iran; and, Mesbah Energy
Company (a.k.a. ``MEC''), 77 Armaghan Gharbi Street, Valiasr
Blve,Tehran, Iran.
Also in Supplement No. 4, pursuant to 15 CFR 744.3(b), this rule
adds two (2) entities in Iran 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: Shahid Bakeri Industrial Group (a.k.a.
``SBIG''), Tehran, Iran; and, Shahid Hemmat Industrial Group (a.k.a.
``SHIG''), Damavand Tehran Highway, Tehran, Iran. License applications
for these five entities will be considered with a presumption of denial
for all items subject to the EAR.
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 July 12, 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 August 13, 2007. Any such
items not actually exported or reexported before midnight on August 13,
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 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 regulation involves
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. Total burden hours associated with the Paperwork Reduction
Act and Office Management and Budget control number 0694-0088 are
expected to increase slightly as a result of this rule.
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
UnitedStates (5 U.S.C. 553(a)(1)). Further, no other law
[[Page 38010]]
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.
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 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 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 India, by adding, in alphabetical order, the country of Iran
and Iranian entities: ``Atomic Energy Organization of Iran (a.k.a.
Sazeman-E Energy Atomi), P.O. Box 14144-1339, End of North Karegar
Avenue, Tehran, Iran''; ``Kala Electric Company (a.k.a. Kalaye Electric
Company), 33 Fifteenth (15th) Street, Seyed-Jamal-Eddin-Assad Abadi
Avenue, Tehran, Iran''; ``Mesbah Energy Company (a.k.a. `MEC'), 77
Armaghan Gharbi Street, Valiasr Blve,Tehran, Iran''; ``Shahid Bakeri
Industrial Group (a.k.a. `SBIG'), Tehran, Iran''; and, ``Shahid Hemmat
Industrial Group (a.k.a. `SHIG'), Damavand Tehran Highway, Tehran,
Iran''; 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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* * * * * * *
IRAN............................ Atomic Energy For all items Presumption of 72 FR [INSERT FR
Organization of subject to the denial. PAGE NUMBER], 07/
Iran (a.k.a. EAR. (See Sec. 12/07.
Sazeman-E Energy 744.2 of the EAR).
Atomi), P.O. Box
14144-1339, End
of North Karegar
Avenue, Tehran,
Iran.
Kala Electric For all items Presumption of 72 FR [INSERT FR
Company (a.k.a. subject to the denial. PAGE NUMBER], 07/
Kalaye Electric EAR. (See Sec. 12/07.
Company), 33 744.2 of the EAR).
Fifteenth (15th)
Street, Seyed-
Jamal-Eddin-Assad
Abadi Avenue,
Tehran, Iran.
Mesbah Energy For all items Presumption of 72 FR [INSERT FR
Company (a.k.a. subject to the denial. PAGE NUMBER], 07/
``MEC''), 77 EAR. (See Sec. 12/07.
Armaghan Gharbi 744.2 of the EAR).
Street, Valiasr
Blve,Tehran, Iran.
Shahid Bakeri For all items Presumption of 72 FR [INSERT FR
Industrial Group subject to the denial. PAGE NUMBER], 07/
(a.k.a. EAR. (See Sec. 12/07.
``SBIG''), 744.3 of the EAR).
Tehran, Iran.
Shahid Hemmat For all items Presumption of 72 FR [INSERT FR
Industrial Group subject to the denial. PAGE NUMBER], 07/
(a.k.a. EAR. (See Sec. 12/07.
``SHIG''), 744.3 of the EAR).
Damavand Tehran
Highway, Tehran,
Iran.
* * * * * * *
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* * * * *
Dated: July 9, 2007.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
[FR Doc. E7-13551 Filed 7-11-07; 8:45 am]
BILLING CODE 3510-33-P