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Federal Register/Vol. 65, No. 53/Friday, March 17, 2000/Rules 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 VerDate 13<MAR>2000 16:34 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\17MRR1.SGM pfrm03 PsN: 17MRR1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Rules and Regulations 14445 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.
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