[Federal Register: February 3, 1997 (Volume 62, Number 22)]
[Rules and Regulations]               
[Page 4910]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 744

[Docket No. 961205341-6341-01]
RIN 0694-AB24

 
Entity List

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Export Administration Regulations (EAR) provide that the 
Bureau of Export Administration (BXA) may inform exporters, 
individually or through amendment to the EAR, that a license is 
required for exports or reexports to certain entities. To provide 
notice informing the public of an entity subject to this rule, this 
rule establishes a list of entities that are ineligible to receive 
specified items without a license.

EFFECTIVE DATE: This rule is effective February 3, 1997.

FOR FURTHER INFORMATION CONTACT: James A. Lewis, Office of Strategic 
Trade and Foreign Policy Controls, Bureau of Export Administration, 
Telephone: (202) 482-0092.

SUPPLEMENTARY INFORMATION:

Background

    General Prohibition Five (Sec. 736.2(b)(5) of the EAR) prohibits 
exports to certain end-users or end-uses without a license. This final 
rule amends Sec. 744.1 to refer exporters to the newly added Supplement 
No. 4 to part 744 of the EAR, the Entity List, which informs exporters 
that a license is required for shipments to Ben Gurion University, 
Israel, of computers with a CTP between 2,000 and 7,000 Mtops.
    Although the Export Administration Act (EAA) expired on August 20, 
1994, the President invoked the International Emergency Economic Powers 
Act and continued in effect, to the extent permitted by law, the 
provisions of the EAA and the EAR in Executive Order 12924 of August 
19, 1994.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    2. This rule involves collections of information subject to the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These 
collections have been approved by the Office of Management and Budget 
under control number 0694-0088.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under 
Executive Order 12612.
    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 (Sec. 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 5 U.S.C. 553 or by any 
other law, the 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 Hillary 
Hess, Regulatory Policy Division, Bureau of Export Administration, 
Department of Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects in 15 CFR Part 744

    Exports, Foreign trade, Reporting and recordkeeping requirements.

    Accordingly, part 744 of the Export Administration Regulations (15 
CFR parts 730-774) is amended, as follows:

PART 744--[AMENDED]

    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; 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. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 
12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026 (November 
15, 1996, 61 FR 58767); Notice of August 15, 1995 (60 FR 42767, 
August 17, 1995); and Notice of August 14, 1996 (61 FR 42527).

    2. Section 744.1 is amended by adding paragraph (c) to read as 
follows:


Sec. 744.1  General provisions.

* * * * *
    (c) A list of entities is included in Supplement No. 4 to this part 
744 of the EAR (Entity List). Exporters are hereby informed that these 
entities are ineligible to receive any items subject to the EAR without 
a license to the extent specified in the supplement. License 
applications will be reviewed under the license review standards set 
forth in this part 744.
    3. A new Supplement No. 4 is added to part 744 to read as follows:

Supplement No. 4 to Part 744--Entity List

    This Supplement lists certain entities subject to license 
requirements for specified items under this part 744 of the EAR. 
This list of entities is revised and updated on a periodic basis in 
this Supplement by adding new or amended notifications and deleting 
notifications no longer in effect.

Ben Gurion University, Israel for computers between 2,000 and 7,000 
Mtops

    Dated: January 28, 1997.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 97-2503 Filed 1-31-97; 8:45 am]
BILLING CODE 3510-33-P


