14444 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Rules and Regulations
[FR Doc. 00–6698 Filed 3–16–00; 8:45 am] SUPPLEMENTARY INFORMATION: initial designation of a military entity under § 744.12(c). The license review BILLING CODE 4910±13±M Background policy for this entity will remain one of In accordance with section 102(b) of denial for items controlled for NP or MT the Arms Export Control Act, President reasons, except items intended for the DEPARTMENT OF COMMERCE Clinton reported to the Congress on May preservation of safety of civil aircraft, 13, 1998, with regard to India and May which will be reviewed on a case-by- Bureau of Export Administration 30, 1998, with regard to Pakistan his case basis; and computers, which will determinations that those non-nuclear be reviewed with a presumption of 15 CFR Part 744 weapon states had each detonated a denial. All other items subject to the nuclear explosive device. The President EAR to this listed entity will be [Docket No. 981019261±0020±02] directed in the determination reported reviewed with a presumption of denial, to the Congress that the relevant with the exception of items classified as agencies and instrumentalities of the RIN 0694±AB73 EAR99, which will be reviewed with a United States take the necessary actions presumption of approval, under the new Export Administration Regulations to implement the sanctions described in review policy set out by this rule. Entity List: Removal of Entities, section 102(b)(2) of that Act. Consistent with the President’s directive, the This rule re-designates the Uranium Revision in License Policy, and Bureau of Export Administration (BXA) Recovery Plant, located in Cochin, Reformat of List implemented certain sanctions, as well India, as a government entity under as certain supplementary measures to § 744.11(c)(1) of the EAR, instead of its AGENCY: Bureau of Export initial designation of a private/parastatal Administration, Commerce. enhance the sanctions on November 19, 1998 (63 FR 64322). entity under § 744.11(c)(2). In addition, ACTION: Final rule. Based on a consensus decision by the it revises the organization with which it Administration to more tightly focus the is identified, as the Department of SUMMARY: On November 18, 1998, the sanctions on those Indian entities which Atomic Energy (DAE), instead of Bureau of Export Administration (BXA) make direct and material contributions Fertilizers and Chemicals Travancore published a rule in the Federal Register to weapons of mass destruction and (FACT), Uranium Corporation of India, (63 FR 64322) that added certain Indian missile programs and items that can Ltd. (UCIL). The license review policy and Pakistani entities to the Entity List contribute to such programs, BXA is for this entity will remain one of denial in the Export Administration removing 51 Indian entities from the for items controlled for NP or MT reasons, except items intended for the Regulations (EAR). This rule removes 51 Entity list, found in Supplement No. 4 preservation of safety of civil aircraft, Indian entities and modifies one entity’s to part 744 of the Export Administration which will be reviewed on a case-by- listing. In addition, this rule will revise Regulations (EAR), and revising the case basis; and computers, which will the license review policy for items listing of one Indian entity. In addition, be reviewed with a presumption of classified as EAR99 (items that are the license application review policy for denial. All other items subject to the subject to the EAR, but are not listed on the export or reexport of items classified EAR to this listed entity will be the Commerce Control List) to Indian as EAR99 to Indian and Pakistani government, private, and parastatal reviewed with a presumption of denial, and Pakistani government, private and entities will be revised from a with the exception of items classified as parastatal entities from a presumption of presumption of denial to a presumption EAR99, which will be reviewed with a denial to a presumption of approval. of approval. The U.S. policy of denial presumption of approval, under the new Also, to correct two inadvertent errors for dual-use items controlled for nuclear review policy set out by this rule. in the publication of the Entity List, this proliferation (NP) and missile This rule does not change the items rule: re-designates one existing technology (MT) reasons to all Indian subject to sanctions for entities Pakistani entry on the list as a and Pakistani entities remains remaining on the list. The government entity instead of a military unchanged, however. Recent Administration will continue to review facility; and re-designates one existing Congressional action supports these both the list of sanctioned entities and Indian entry on the list as a government regulatory revisions. Section 9001(d) of the scope of licensing requirements over entity instead of a private or parastatal the FY 2000 Defense Appropriations Act items, and may make additional entity, while also correcting the (the Act) includes language stating that changes. organization with which it was ‘‘it is the sense of Congress that the The removal of entities from the previously identified. Finally, after broad application of export controls to consultation between BXA and the Entity List does not relieve exporters or nearly 300 Indian and Pakistani entities reexporters of their obligations under Department of State, the subordinates of is inconsistent with the specific national Indian and Pakistani organizations that General Prohibition 5 in § 736.2(b)(5) of security interests of the United States the EAR which provides that, ‘‘you may are on the Entity List will be moved to and that the control list requires not, without a license, knowingly export appendix A and appendix B of the refinement.’’ The Act also states that it or reexport any item subject to the EAR Entity List, respectively. BXA is the sense of Congress that ‘‘export to an end-user or end-use that is anticipates this change in policy will controls should be applied only to those prohibited by part 744 of the EAR.’’ increase the number of license Indian and Pakistani entities that make BXA strongly urges the use of applications submitted to BXA. direct and material contributions to Supplement No. 3 to part 732 of the DATES: This rule is effective March 17, weapons of mass destruction and EAR, ‘‘BXA’s ‘Know Your Customer’ 2000. missile programs and only to those Guidance and Red Flags’’ when items that can contribute to such exporting or reexporting to India and FOR FURTHER INFORMATION CONTACT: programs.’’ Pakistan. Eileen M. Albanese, Director, Office of This rule re-designates the Pakistani Exporter Services, Bureau of Export entity, Gadwal Uranium Enrichment Entities Removed From Entity List Administration, Telephone: (202) 482– Plant, as a government entity under Ambarnath Machine Tool Prototype 0436. § 744.11(c)(1) of the EAR, instead of its Factory
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Ambarnath Ordnance Factory Although the Export Administration Therefore, this regulation is issued in Aruvankadu Cordite Factory Act (EAA) expired on August 20, 1994, final form. Although there is no formal Avadi Combine Engine Plant the President invoked the International comment period, public comments on Avadi Heavy Vehicle Factory Emergency Economic Powers Act and this regulation are welcome on a Avadi Ordnance Clothing Factory continued in effect the EAR, and, to the continuing basis. Comments should be *Bharat Heavy Electrical Limited (BHEL), Hardwar and Ranipet extent permitted by law, the provisions submitted to Sharron Cook, Regulatory Bhusawal Ordnance Factory of the EAA in Executive Order 12924 of Policy Division, Bureau of Export Chandigarh Ordnance Cable Factory August 19, 1994, as extended by the Administration, Department of Chandigarh Ordnance Parachute Factory President’s notices of August 15, 1995 Commerce, P.O. Box 273, Washington, Combat Vehicle Research and (60 FR 42767), August 14, 1996 (61 FR DC 20044. Development Establishment (CVRDE) 42527), August 13, 1997 (62 FR 43629), Cossipore Gun and Shell Factory August 13, 1998 (63 FR 44121), and List of Subjects in 5 CFR Part 744 Defence Bio-Engineering and Electro- August 10, 1999 (64 FR 44101, August Exports, Foreign trade, Reporting and Medical Laboratory (DEBEL) 13, 1999). recordkeeping requirements. Defence Food Research Laboratory (DFRL) Accordingly, part 744 of the Export Defence Institute of Fire Research (DIFR) Rulemaking Requirements Administration Regulations (15 CFR Defence Institute of Physiology and Allied 1. This final rule has been determined Sciences (DIPAS) parts 730–774) is amended as follows: Defence Institute of Psychological Research to be not significant for purposes of E.O. (DIPR) 12866. PART 744Ð[AMENDED] Defence Institute of Workstudy (DIWS) 2. This rule contains and involves collections of information subject to the 1. The authority citation for 15 CFR Defence Research and Development Unit part 744 continues to read as follows: (DRDU) Paperwork Reduction Act of 1980 (44 Defence Research Laboratory (DRL) U.S.C. 3501 et seq.). These collections Authority: 50 U.S.C. app. 2401 et seq.; 50 Defence Terrain Research Laboratory have been approved by the Office of U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; (DTRL) Management and Budget under control 42 U.S.C. 2139a; E.O. 12058, 43 FR 20947, 3 Dehra Dun Opto-Electronics Factory number 0694–0088, ‘‘Multi-Purpose CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR Dehra Dun Ordnance Factory Application,’’ which carries a burden 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. Dehu Road Ordnance Factory hour estimate of 40 minutes to prepare Hazratpur Ordnance Equipment Factory 917; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Institute of Mathematical Sciences and submit electronically and 45 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 Institute of Physics minutes to submit manually on form CFR, 1996 Comp., p. 228; Notice of Institute for Systems Studies and Analyses BXA–748P; and 0694–0111, ‘‘India November 12, 1998, 63 FR 63589, 3 CFR, (ISSA) Pakistan Sanctions,’’ which carries a 1998 Comp., p. 305; Notice of August 10, Interuniversity Consortium of DAE burden hour estimate of 40 minutes to 1999, 64 FR 44101 (August 13, 1999). Facilities prepare and submit electronically and 2. Section 744.11 is amended by Jabalpur Gray Iron Foundry 45 minutes to submit manually on form revising the introductory text and Jabalpur Gun Carriage Factory BXA–748P . Notwithstanding any other paragraph (c) to read as follows: Kanpur Field Gun Factory provision of law, no person is required Kanpur Ordnance Parachute Factory to respond nor shall any person be § 744.11 Restrictions on Certain Kanpur Small Arms Factory subject to a penalty for failure to comply Government, parastatal, and private entities Katni Ordnance Factory in Pakistan and India. Khamaira Ordnance Factory with, a collection of information subject to the requirements of the Paperwork To supplement sanctions measures Kirkee Ammunition Factory against India and Pakistan, set forth in Medak Grey Iron Foundry Reduction Act, unless that collection of Medak Ordnance Factory information displays a currently valid § 742.16 of the EAR, a prohibition is Mehta Research Institute of Maths and OMB Control Number. imposed on exports and reexports to Math Physics 3. This rule does not contain policies certain government, parastatal, and Naval Chemical and Metallurgical with Federalism implications sufficient private entities in India and Pakistan Laboratory (NCML) to warrant preparation of a Federalism determined to be involved in nuclear or Ordnance Factories Staff College assessment under Executive Order missile activities. With respect to Ordnance Factories Training Institutes subordinates of listed entities in India Proof and Experimental Establishment 13132. 4. The provisions of the and Pakistan, only those specifically Saha Institute of Nuclear Physics listed in Supplement No. 4 to part 744, Scientific Analysis Group (SAG) Administrative Procedure Act (5 U.S.C. Shahjahanpur Ordnance Clothing Factory 553) requiring notice of proposed Entity List, are subject to the restrictions Tata Institute of Fundamental Research rulemaking, the opportunity for public and policies set forth in this section. Tiruchchirappalli Heavy Alloy Penetrator participation, and a delay in effective The addition or deletion of entities to or Project date, are inapplicable because this from Supplement No. 4 to part 744, Titlagarh Ammunition Plant regulation involves a military and Entity List, does not relieve you of your Varangaon Ordnance Factory foreign affairs function of the United obligations under General Prohibition 5 The Variable Energy Cyclotron Centre States (see 5 U.S.C. 553(a)(1)). Further, in § 736.2(b)(5) of the EAR: ‘‘you may (VECC) no other law requires that a notice of not, without a license, knowingly export *This is a revision, not a deletion. Only or reexport any item subject to the EAR two cities of this entity are being removed. proposed rulemaking and an opportunity for public comment be to an end-user or end-use that is Lastly, subordinate entities of listed given for this final rule. Because a prohibited by part 744 of the EAR.’’ You Indian and Pakistani organizations have notice of proposed rulemaking and an are urged to use the guidance in been moved to appendixes to opportunity for public comment are not Supplement No. 3 to part 732 of the Supplement No. 4 of part 744 (the Entity required to be given for this rule under EAR, ‘‘BXA’s ‘‘Know Your Customer’ List). The subordinates will be listed in 5 U.S.C. 553 or by any other law, the Guidance and Red Flags’’ when alphabetical order under a heading analytical requirements of the exporting or reexporting to India and listing the organization with which they Regulatory Flexibility Act (5 U.S.C. 601 Pakistan. are identified. et seq.) are not applicable. * * * * *
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(c) License review standards. (1) presumption of approval. All other are stand-alone contracts, and letter Government entities. Applications to items subject to the EAR to these listed agreements that are amendments to export or reexport items controlled for entities will be reviewed with a existing contracts or other agreements. NP or MT reasons to listed government presumption of denial. Except for items The terms of the preexisting business entities will be denied, except items controlled for NP or MT reasons, arrangement policy may also apply to intended for the preservation of safety of exports or reexports to listed parastatals the longstanding continued supply of a civil aircraft, which will be reviewed on and private entities with whom you particular item or items from the a case-by-case basis; and computers, have a preexisting business arrangement exporter to the entity even when there which will be reviewed with a will be considered on a case-by-case is no current agreement between the presumption of denial. Items classified basis, with a presumption of approval in firms. BXA, in conjunction with other as EAR99 will be reviewed with a cases where neither the arrangement nor agencies, will determine eligibility presumption of approval. All other the specific transaction involves nuclear under the preexisting business items subject to the EAR to these listed or missile activities and the exports or arrangement policy. In order to be entities will be reviewed with a reexports are pursuant to that eligible under the policy, you must presumption of denial. arrangement. Because EAR99 items have provide documentation to establish (2) Parastatal and private entities. a license review policy of presumption such an arrangement. The Applications to export or reexport items of approval, you may choose not to documentation should be provided at controlled for NP or MT reasons to provide documentation of such the time you submit a license certain parastatal and private entities arrangements for those items. The term application to export or reexport items will be denied, except items intended to ‘‘business arrangement’’ covers the full to any listed parastatal or private entity. ensure the safety of civil aviation and range of business agreements, including 3. Supplement No. 4 to part 744 is safe operation of commercial passenger general contracts, general terms amended by removing the entities for aircraft, which will be reviewed on a agreements (e.g., agreements whereby India and Pakistan and replacing them case-by-case basis; and computers, the seller delivers products under with the following list of entities for which will be reviewed with a purchase orders to be issued by the India and Pakistan, and adding presumption of denial. Items classified buyer), general business agreements, Appendixes A and B to Supplement No. as EAR99 will be reviewed with a offset agreements, letter agreements that 4 to part 744 to read as follows:
SUPPLEMENT NO. 4 TO PART 744ÐENTITY LIST
Federal Register Country Entity License requirement License review policy citation
******* INDIA ...... Aeronautical Development Agency, Ministry of For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 Defense, Bangalore. the EAR. this part. [INSERT FR CITE] 3/17/00.] Aerospace Division, Hindustan Aeronautics For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Limited (HAL), Bangalore. the EAR. this part. [INSERT FR CITE] 3/17/00.] Atomic Energy Commission (AEC) located in For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 Mumbai (formerly Bombay). the EAR. this part. [INSERT FR CITE] 3/17/00. Atomic Energy Regulatory Board (AERB), For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 Mumbai (formerly Bombay). the EAR. this part. [INSERT FR CITE] 3/17/00. AURO Engineering, Pondicherry ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Baroda Ammonia Plant, (collocated with the For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Baroda Heavy Water Production Facility), the EAR. this part. [INSERT FR CITE] Gujarat Fertilizers, Baroda. 3/17/00. Bharat Dynamics Limited, Bhanur and For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Hyderabad. the EAR. this part. [INSERT FR CITE] 3/17/00. Bharat Earth Movers Limited (BEML), Ban- For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 galore. the EAR. this part. [INSERT FR CITE] 3/17/00. Bharat Electronics Limited (BEL), Bangalore, For all items subject to See § 744.11(c)(2) of 62 FR 26922, 5/16/97; Ghaziabad, and Hyderabad. the EAR. this part. 62 FR 51369, 10/1/ 97; 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Bharat Heavy Electrical Limited (BHEL), Trichy For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 (Tiruchirapalli), Hyderabad, and New Delhi. the EAR. this part. [INSERT FR CITE] 3/17/00. Central Manufacturing Technology Institute, For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 a.k.a. Central Machine Tool Institute, Ban- the EAR. this part. [INSERT FR CITE] galore. 3/17/00.
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SUPPLEMENT NO. 4 TO PART 744ÐENTITY LISTÐContinued
Federal Register Country Entity License requirement License review policy citation
Centre for Development of Advanced Com- For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 puting, Department of Electronics, Pune. the EAR. this part. [INSERT FR CITE] 3/17/00. Defence Research and Development Organi- For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 zation (DRDO) located in New Delhi and the EAR. this part. [INSERT FR CITE] subordinate entities specifically listed in Ap- 3/17/00. pendix A to this supplement. Department of Atomic Energy (DAE) located in For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 Mumbai (formerly Bombay) and the subordi- the EAR. this part. [INSERT FR CITE] nate entities specifically listed in Appendix A 3/17/00. to this supplement. Department of Defense Production and Sup- For all items subject to See § 744.12(c) of this 63 FR 64322, 11/19/98 plies (DDPS) and the subordinate entities the EAR having a part. [INSERT FR CITE] specifically listed in Appendix A to this sup- classification other 3/17/00. plement. than EAR99. Department of Space (DOS) located in Ban- For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 galore and the subordinate entities specifi- the EAR. this part. [INSERT FR CITE] cally listed in Appendix A to this supplement. 3/17/00. Electronics Corporation of India, Ltd. (ECIL), For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Hyderabad. the EAR. this part. [INSERT FR CITE] 3/17/00. Engine Division, Hindustan Aeronautics Lim- For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 ited (HAL), Bangalore. the EAR. this part. [INSERT FR CITE] 3/17/00. Ferrodie Private Limited (FPL), Thane ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Godrej & Boyce Mfg., Co., Ltd., Precision For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Equipment Division (PED) and Tool Room the EAR. this part. [INSERT FR CITE] Division, Mumbai (formerly Bombay). 3/17/00. Hazira Ammonia Plant, (collocated at the For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Hazira Heavy Water Production Facility) the EAR. this part. [INSERT FR CITE] Krishak Bharati Cooperative, Ltd., Hazira. 3/17/00. Indian Institute of Science (IIS), Departments For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 of: Aerospace Engineering and Space Tech- the EAR. this part. [INSERT FR CITE] nology Cell, Bangalore. 3/17/00. Indian Institute of Technology (IIT), Depart- For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 ments of: Aerospace Engineering and the EAR. this part. [INSERT FR CITE] Space Technology Cell, Chennai (formerly 3/17/00. Madras). Indian Institute of Technology (IIT), Depart- For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 ments of: Physics, Aerospace Engineering, the EAR. this part. [INSERT FR CITE] and Space Technology Cell, Mumbai (for- 3/17/00. merly Bombay). Indian Rare Earths, Ltd., (IREL), located in For all items subject to See § 744.11(c)(2) of 62 FR 35335, 6/30/97; Mumbai (formerly Bombay) and subordinate the EAR. this part. 63 FR 64322, entities specifically listed in Appendix A to 11/19/98 this supplement. [INSERT FR CITE] 3/17/00. Kirloskar Brothers, Ltd. (KB), Pune ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Larsen & Toubro, Ltd. (L&T), Hazira Works, For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Hazira. the EAR. this part. [INSERT FR CITE] 3/17/00. Machine Tool Aids & Reconditioning (MTAR), For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Hyderabad. the EAR. this part. [INSERT FR CITE] 3/17/00. Mishra Dhatu Nigam, Ltd. (MIDHANI), For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Hyderabad. the EAR. this part. [INSERT FR CITE] 3/17/00. National Aerospace Laboratory, Bangalore ..... For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. National Trisonic Aerodynamic Facility, Na- For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 tional Aerospace Laboratory, Bangalore. the EAR. this part. [INSERT FR CITE] 3/17/00. The Nuclear Power Corporation of India, Ltd. For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 (NPCIL), located in Mumbai (formerly Bom- the EAR. this part. [INSERT FR CITE] bay) and subordinate entities specifically 3/17/00. listed in Appendix A to this supplement.
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SUPPLEMENT NO. 4 TO PART 744ÐENTITY LISTÐContinued
Federal Register Country Entity License requirement License review policy citation
Nuclear Science Centre (NSC), New Delhi ...... For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Precision Controls, Chennai (formerly Madras) For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Rama Krishna Engineering Works (REW), For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Chennai (formerly Madras). the EAR. this part. [INSERT FR CITE] 3/17/00. Talcher Ammonia Plant, (collocated at Talcher For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Heavy Water Production Facility) Fertilizer the EAR. this part. [INSERT FR CITE] Corporation of India, Ltd., Talcher. 3/17/00. Thal-Vaishet Ammonia Plant, (collocated at For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Thal-Vaishet Heavy Water Production Facil- the EAR. this part. [INSERT FR CITE] ity), Rashtriya Chemicals & Fertilizers, Thal- 3/17/00. Vaishet in Maharashtra. Tuticorin Ammonia Plant, (collocated at For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Tuticorin Heavy Water Production Facility), the EAR. this part. [INSERT FR CITE] Southern Petrochemical Industries Corpora- 3/17/00. tion, Tuticorin. Uranium Corporation of India, Ltd. (UCIL), lo- For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 cated in Jaduguda and subordinate entities the EAR. this part. [INSERT FR CITE] specifically listed in Appendix A to this sup- 3/17/00. plement. Walchandnagar Industries, Ltd. (WIL), Nadu For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Desarai and Mahad. the EAR. this part. [INSERT FR CITE] 3/17/00.
******* PAKISTAN ...... Abdul Qader Khan Research Laboratories, For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 a.k.a. Khan Research Laboratories (KRL), the EAR. this part. [INSERT FR CITE] a.k.a. Engineering Research Laboratories 3/17/00. (ERL), Kahuta. Al Technique Corporation of Pakistan, Ltd...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Allied Trading Co...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. ANZ Importers and Exporters, Islamabad ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Armed Forces Institute of PathologyÐRawal- For all items subject to See § 744.12(c) of this 63 FR 64322, pindi Laboratory. the EAR having a part. 11/19/98. classification other than EAR99. Center for Advanced Molecular Biology, La- For all items subject to See § 744.12(c) of this 63 FR 64322, hore. the EAR having a part. 11/19/98. classification other than EAR99. Combat Development Directorate (CDD) ...... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99. Defence Science and Technology Organiza- For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 tion (DESTO) located in Rawalpindi and the EAR. this part. [INSERT FR CITE] subordinate entities specifically listed in Ap- 3/17/00. pendix B to this supplement. Engineering and Technical Services, For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Islamabad. the EAR. this part. [INSERT FR CITE] 3/17/00. Engineering Research Laboratories (ERL), For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 a.k.a. Abdul Qader Khan Research Labora- the EAR. this part. [INSERT FR CITE] tories, a.k.a. Khan Research Laboratories 3/17/00. (KRL), Kahuta. Gadwal Ammunition Plant ...... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99.
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SUPPLEMENT NO. 4 TO PART 744ÐENTITY LISTÐContinued
Federal Register Country Entity License requirement License review policy citation
Gadwal Uranium Enrichment Plant ...... For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Ghulam Ishaq Khan Institute of Technology, For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 Topai. the EAR. this part. [INSERT FR CITE] 3/17/00. Golra Ultracentrifuge Plant, Golra ...... For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Goth Macchi Nitrogen Fertilizer Plant, For all items subject to See § 744.12(c) of this 63 FR 64322, Sadiqabad. the EAR having a part. 11/19/98. classification other than EAR99. Haripur Nitrogen Fertilizer Plant, Hazara ...... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99. Havelian Explosives and Ammunition Plant ..... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99. High Technologies, Ltd., Islamabad ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Karachi CBW Research Institute, University of For all items subject to See § 744.12(c) of this 63 FR 64322, Karachi's Husein Ebrahim Jamal Research the EAR having a part. 11/19/98. Institute of Chemistry (HEJRIC). classification other than EAR99. Karachi Naval Base and Naval Hqs. And For all items subject to See § 744.12(c) of this 63 FR 64322, Dockyard. the EAR having a part. 11/19/98. classification other than EAR99. Karachi Superphos Fertilizer Plant, Al Noor .... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99. Khan Research Laboratories (KRL) a.k.a. For all items subject to See § 744.11(c)(1) of 63 FR 64322, Abdul Qader Khan Research Laboratories, the EAR. this part. 11/19/98; 62 FR a.k.a. Engineering Research Laboratories 35334, 6/30/97 (ERL), Kahuta. [INSERT FR CITE] 3/17/00. Khewra Soda Ash Plant, Soda Ash Busi- For all items subject to See § 744.12(c) of this 63 FR 64322, nesses, Soda Ash Works, Khewra Distt. the EAR having a part. 11/19/98; 64 FR Jhelum, (owned by ICI Pakistan Limited). classification other 14606, 3/26/99 than EAR99. Lahore Weapons Plant, PEC ...... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99. Lastech Associates, Islamabad...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Machinery Master Enterprises, Islamabad ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Maple Engineering Pvt. Ltd. Consultants, Im- For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 porters and Exporters. the EAR. this part. [INSERT FR CITE] 3/17/00. Mirpur Nitrogen Fertilizer Plant, Mathelo ...... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99. Modern Engineering Services, Ltd., Islamabad For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Multan Chemical Fertilizer Plant ...... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99.
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SUPPLEMENT NO. 4 TO PART 744ÐENTITY LISTÐContinued
Federal Register Country Entity License requirement License review policy citation
National Development Centre ...... For all items subject to See § 744.11(c)(1) of 62 FR 35335, 6/30/97; the EAR. this part. 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. National Institute of Biotechnology and Ge- For all items subject to See § 744.12(c) of this 63 FR 64322, netic Engineering, Faisalabad. the EAR having a part. 11/19/98. classification other than EAR99. Orient Importers and Exporters, Islamabad ..... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Pakistan Atomic Energy Commission (PAEC) For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 located in Islamabad and subordinate enti- the EAR. this part. [INSERT FR CITE] ties specifically listed in Appendix B to this 3/17/00. supplement. Pakistan Institute for Nuclear Science and For all items subject to See § 744.11(c)(1) of 62 FR 35334, 6/30/97; Technology (PINSTECH) located in the EAR. this part. 63 FR 64322, Islamabad and subordinate entities specifi- 11/19/98 cally listed in Appendix B to this supplement. [INSERT FR CITE] 3/17/00. Pakistan Ordnance Factories ...... For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. People's Steel Mills, Karachi ...... For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Prime International ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Saniwal Ammunition Plant ...... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99. Scientific and Technical Technology, Ltd., For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Islamabad. the EAR. this part. [INSERT FR CITE] 3/17/00. Sihala Ultracentrifuge Plant, Sihala ...... For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Space and Upper Atmospheric Research For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 Commission (SUPARCO) and subordinate the EAR. this part. [INSERT FR CITE] entities specifically listed in Appendix B to 3/17/00. this supplement. Space Research Council ...... For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Technical Services, Islamabad ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. The Tempest Trading Company, Islamabad .... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Unique Technical Promoters ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Wah Chemical Product Plant ...... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99. Wah Munitions Plant, a.k.a. Explosives Fac- For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 tory, Pakistan Ordnance Factories (POF). the EAR. this part. [INSERT FR CITE] 3/17/00.
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Appendix A to Supplement No. 4 to Board of Radiation and Isotope Technology Indian Space Research Organization Part 744 (Entity List)—Listed (BRIT), Mumbai (ISRO), Bangalore Subordinates of Listed Indian Boron Enrichment Plant, Trombay Interim Test Range (ITR), Balasore Organizations Central Workshops, Trombay ISRO Inertial Systems Unit (IISU), Centre for Advanced Technology (CAT), Thiruvananthapura The subordinates listed in this appendix Indore Liquid Propulsion Systems Centre, are considered listed entities to the Entity Centre for the Compositional Bangalore List. Subordinates have the same license Characterization of Materials, Hyderabad Liquid Propulsion Systems Centre, requirements and review policy as the Ceramic Fuels Fabrication Plant, Thiruvananthapuram or Valiamala organizations they are identified under. The Hyderabad Liquid Propulsion Test Facility, subordinates in this appendix are listed in Cirus Reactor, Mumbai Mahendragiri alphabetical order under the organization Construction Services and Estate Meteorological Rocket Station, Balasore that they are identified with, which are also Management Group, Mumbai Physical Research Laboratory (PRL), listed in alphabetical order. Dhruva Reactor, Mumbai Ahmadabad Directorate of Purchase and Stores (DPS), Solid Propellant Space Booster Plant Defence Research and Development (SPROB) Organization (DRDO): Mumbai Fast Breeder Test Reactor (FBTR), Space Applications Centre (SAC), Aerial Delivery Research and Development Kalpakkam Ahmadabad Establishment (ADRDE), Agra Fast Reactor Fuel Reprocessing Plant Space Physics Laboratory Aeronautical Development Establishment (FRFRP), Kalpakkam (SPL),Thiruvananthapuram (ADE), Bangalore General Services Organization, Kalpakkam Sriharikota Space Centre (SHAR), Andhra Pradesh Armament Research and Development Hazira Heavy Water Production Facility, Establishment (ARDE), Pune Thumba Equatorial Rocket Launching Hazira Centre for Aeronautical Systems Studies Station Heavy Water Board, Mumbai and Analysis (CASSA), Bangalore Vikram Sarabhai Space Centre (VSSC), Indira Gandhi Center for Atomic Research Defence Electronics Applications Thiruvananthapuram (IGCAR), Kalpakkam Laboratory (DEAL), Dehra Dun Indian Rare Earths, Ltd. (IREL): Defence Electronics Research Laboratory Kalpakkam Reprocessing Plant (KARP), (DERL or DLRL), Hyderabad (a.k.a. Kalpakkam Fuel Reprocessing Plant), India Minerals Separation Plants, Defence Laboratory (DL), Jodhpur Kalpakkam Chhatrapur, Orissa, and Chavara Defence Materials and Store Research and Kamini Research Reactor, Kalpakkam The Mineral Sand Separation Complex, Development Establishment (DMSRDE), Kota Heavy Water Production Facility, Chhatrapur in the Gunjan District of Orissa Kanpur Kota Minerals Recovery Plant, Chavara Defence Metallurgical Research Laboratory Manuguru Heavy Water Production Orissa Sands Complex (OSCOM), (DMRL), Hyderabad Facility, Manuguru Chhatrapur in the Gunjan District of Orissa Defence Research and Development Nangal Heavy Water Production Facility, Rare Earth Development Laboratory, Establishment (DRDE), Gwalior Nangal Trombay Defence Research and Development New Zirconium Sponge Plant, Hyderabad Rare Materials Plant, Mysore Laboratory (DRDL), Hyderabad Nuclear Fuel Complex (NFC), Hyderabad Thorium Plant, Chhatrapur Defence Science Centre (DSC), New Delhi Plutonium Reprocessing Plant, Trombay Zirconium Oxide Plant, Manavalakuruchi Electronics and Radar Development PREFRE Reprocessing Plant, Tarapur Prototype Fast Breeder Reactor (PFBR), The Nuclear Power Corporation of India, Establishment (ERDE or LRDE), Bangalore Ltd. (NPCIL): Explosive Research and Development Kalpakkam Laboratory (ERDL), Pune Purinima Facility, Trombay Heavy Water Upgrade Plant, Kakrapar Gas Turbine Research Establishment Special Materials Plant, Hyderabad Kaiga Atomic Power Project (KAPP), Kaiga (GTRE), Bangalore Talcher Heavy Water Production Facility, Kakrapar Atomic Power Station (KAPS), Institute of Armament Technology (IAT), Talcher Kakrapar Pune Thal-Vaishet Heavy Water Production Kundankulam Atomic Power Project, Instruments Research and Development Facility, Thal-Vaishet in Maharashtra Kundankulam Establishment (IRDE), Dehra Dun Trombay Reprocessing Plant, Trombay Madras Atomic Power Station (MAPS), The Missile Research and Development Tuticorin Heavy Water Production Facility, Kalpakkam Complex, Imarat, Hyderabad Tuticorin Narora Atomic Power Station (NAPS), Bullandshahr (Uttar Pradesh) National Test Range, Baliabad Uranium Conversion Plant, Trombay Rajasthan Atomic Power Station (RAPS) Naval Physical and Oceanographic Uranium Enrichment Plant, Trombay and Rajasthan Atomic Power Project, Laboratory (NPOL), Cochin Uranium Fuel Assembly Plant, Hyderabad Rawatbhata Naval Science and Technological Uranium Recovery Plant, Cochin Tarapur Atomic Power Station (TAPS) and Laboratory (NSTL), Vishakhapatnam Zirconium Fabrication Plant, Hyderabad Tarapur Atomic Power Project, Tarapur Research and Development Establishment Department of Defense Production and (Engineers) (R&DE (ENGRS)), Pune Supplies (DDPS): Uranium Corporation of India, Ltd. (UCIL): Solid State Physics Laboratory (SSPL), Bhatin Uranium Mine and Mill, Bhatin Ambajhari Ordnance Factory New Delhi Jaduguda Uranium Mine and Mill, Chanda Ammunition Loading Plant Terminal Ballistics Research Laboratory Jaduguda Chanda Ordnance Factory (TBRL), Chandigarh Narwapahar Uranium Mine and Mill, Dum Dum Ordance Factory Vehicles Research and Development Narwapahar Establishment, Ahmednagar Ishapore Metal and Steel Factory Uranium Mine and Mill, Narwapahar, Ishapore Rifle Factory Department of Atomic Energy (DAE): Jaduguda, and Bhatin Itarsi Ordnance Factory Uranium Mine, Turamdih Advanced Fuel Fabrication Facility, Kanpur Ordnance Equipment Factory Uranium Recovery Plants, Mosabini (a.k.a. Tarapur Kanpur Ordnance Factory Masabeni), Rakha and Surda (a.k.a. Surdat) Aspara Research Reactor, Trombay Kirkee High Explosives Factory The Atomic Minerals Division (AMD), Muradnagar Ordnance Factory Appendix B to Supplement No. 4 to Hyderabad Ordnance Factory Board Part 744 (Entity List)—Listed Baroda Heavy Water Production Facility, Tiruchchirappalli Ordnance Factory Subordinates of Listed Pakistani Baroda Organizations Beryllium Machining Facility, Mumbai Department of Space (DOS): Bhabha Atomic Research Center (BARC), Ammonium Perchlorate Experimental The subordinates listed in this appendix Trombay/Mumbai Plant, Alwaye are considered listed entities to the Entity
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List. Subordinates have the same license Space and Atmospheric Research Center, amendments streamline the reporting requirements and review policy as the Karachi process and substantially lessen the organizations they are identified under. The Static Test Unit, Karachi burden on persons reporting, as well as subordinates in this appendix are listed in Dated: March 14, 2000. the processing workload of the alphabetical order under the organization that they are identified with, which are also Iain S. Baird, Commission, without compromising the listed in alphabetical order. Deputy Assistant Secretary for Export integrity of the Commission’s large Administration. trader reporting system, its market Defence Science and Technology [FR Doc. 00–6653 Filed 3–14–00; 3:06 pm] surveillance activities or its oversight Organization (DESTO): BILLING CODE 3510±33±P responsibilities. Chaklala Defense Science and Technology Organization EFFECTIVE DATE: May 16, 2000. Daud Khel Chemical Plant, Lahore FOR FURTHER INFORMATION CONTACT: Karachi CBW & BW Warfare R&D COMMODITY FUTURES TRADING Lamont L. Reese, or Kimberly A. Laboratory COMMISSION Browning, Assistant Chief Counsel, Division of Economic Analysis, Three Pakistan Atomic Energy Commission 17 CFR Parts 15, 16 and 17 (PAEC): Lafayette Centre, 1155 21st Street, NW, Washington, D.C. 20581, telephone Atomic Energy Minerals Centre, Lahore RIN 3038±ZA10 Baghalchur Uranium Mine, Baghalchur (202) 418–5600, or electronically Center for Nuclear Studies, Islamabad (also Changes in Reporting Levels for Large [[email protected]] or PINSTECH) Trader Reports [[email protected]]. Chasma Fuel Fabrication Plant, Kundian AGENCY: SUPPLEMENTARY INFORMATION: Chasma Nuclear Power Plant Commodity Futures Trading (CHASNUPP), Kundian Commission. I. Background ACTION: Final Rulemaking. Computer and Development Division, The Commission has re-examined its KANUPP Institute of Nuclear Power Engineering (KINPOE) SUMMARY: The Commodity Futures rules regarding its large trader reporting Computer Training Center (also Trading Commission (Commission or system. The Commission’s large-trader PINSTECH), Islamabad CFTC) periodically reviews its large reporting system is an important Dera Ghazi Khan Uranium Mine, Dera trader reporting rules to ensure that the Commission oversight tool. These rules Ghazi Khan Commission is receiving adequate require FCMs to report to the Directorate of Technical Development information to carry out its market Commission position information of the Directorate of Technical Equipment surveillance programs. Based upon the largest futures and options traders and Directorate of Technical Procurement Commission’s most recent review of require the traders themselves to Hard Rock Division, Penshawar provide certain identifying information. Hawkes Bay Depot these rules the Commission is Heavy Water Production Plant, KANUPP, amending, as proposed, Parts 15, 16, Reporting levels are set in the Karachi and 17 of its rules, 17 CFR Parts 15, 16 designated futures and option markets Institute of Nuclear Power, Islamabad and 17. The final amendments to Part 15 under the authority of sections 4i and 4c Issa Khel/Kubul Kel Uranium Mines and raise the reporting levels at which of the Act to ensure that the Mills, Miniawali District futures commission merchants (FCMs), Commission receives adequate Karachi Nuclear Power Plant (KANUPP), clearing members, foreign brokers,1 and information to carry out its market Karachi traders must file large trader reports in surveillance programs. These market KANUPP Institute of Nuclear Power surveillance programs are designed to Engineering (KINPOE), Karachi certain commodities to reduce the Khushab Reactor, Khushab, Punjab number of required reports. The detect and to deter market congestion Mineral Sands Program, Karachi Commission is also deleting, as and price manipulation and to enforce Multan Heavy Water Production Facility, proposed, the requirement that where speculative position limits. They also Multan Division, Punjab an independent account controller provide information regarding the National Engineering Service of Pakistan, trades for a number of commodity pools, overall hedging and speculative use of, CHASMA Nuclear Power Plant the carrying firm must identify and foreign participation in, the futures (CHASNUPP), Kundian separately each such commodity pool. markets and other matters of public Science and Engineering Services interest. Generally, the firm carrying the Directorate In addition, the amendments delete, as Uranium Conversion Facility, Islamabad proposed, reporting Rule 17.01(c) under reportable trader’s position files large which a reporting firm was required to trader reports.2 Pakistan Institute for Nuclear Science and identify the number and name of other Technology (PINSTECH): 2 accounts that the trader controlled or Specifically, Parts 17 and 18 of the regulations require reports from firms and traders, respectively, New Laboratories, Rawalpindi owned that were not included in the Nuclear Track Detection Center when a trader holds a ‘‘reportable position.’’ A Parr-1 Research Reactor special account. reportable position is any open contract position that at the close of the market on any business day Parr-2 Research Reactor The Commission is also reorganizing, as proposed, the identifying information equals or exceeds the quantity specified in Pilot Reprocessing Plant, New Laboratories Commission Rule 15.03 in either: (1) Any one Solid State Nuclear Track Detection Center large traders report on CFTC Form 40 future of any commodity on any one contract ‘‘Statement of Reporting Trader’’ to Space and Upper Atmospheric Research market, excluding futures contracts against which obtain and present data more useful to notices of delivery have been stopped by a trader Commission (SUPARCO): the Commission’s market surveillance or issued by the clearing organization of a contract Aerospace Institute, Islamabad activities. In addition, the Commission market; or (2) Long or short put or call options that Computer Center, Karachi exercise into the same future of any commodity on Control System Laboratories is deleting the requirement under Part any one contract market. 17 CFR 15.00 and Part Flight Test Range, Sonmiani Beach 16, as proposed, that exchanges provide 150. The firms which carry accounts for traders weekly option large trader data directly holding ‘‘reportable positions’’ are required to Instrumentation Laboratories, Karachi identify those accounts by filing a CFTC Form 102, Material Research Division to the Commission. These final discussed infra, and to report all reportable Quality Control and Assurance Unit positions in the accounts to the Commission. The Rocket Bodies Manufacturing Unit 1 FCMs, clearing members and foreign brokers are individual trader who holds or controls the Solid Composite Propellant Unit referred to herein collectively as ‘‘firms.’’ reportable position, however, is required to report
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