01-31508. Entity List: Removal of Two Russian Entities

AGENCY:

Bureau of Export Administration, Commerce.

ACTION:

Final rule.

SUMMARY:

This rule removes two Russian entities from the Entity List: INOR Scientific Center, Moscow, Russia; and Polyus Scientific Production Association, 3 Ulitsa Vvedenskogo, 117342, Moscow. 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. The EAR contain a list of such entities called the Entity List.

EFFECTIVE DATE:

This rule is effective December 21, 2001.

FOR FURTHER INFORMATION CONTACT:

Eileen M. Albanese, Office of Exporter Services, Bureau of Export Administration, Telephone: [phone].

SUPPLEMENTARY INFORMATION:

Background

Consistent with Section 6 of Executive Order 12938 of November 14, 1994, as amended, this action removes the following Russian entities, their sub-units and successors from the Entity List found in Supplement No 4. to Part 744 of the EAR: INOR Scientific Center, Moscow, Russia; and, Polyus Scientific Production Association, 3 Ulitsa Vvedenskogo, 117342, Moscow.

BXA maintains an Entity List to provide notice to the public of export license requirements for such entities. These two Russian entities were added to BXA's Entity List on July 29, 1998 (63 FR 40363), due to an investigation then underway by the Russian government of these entities for suspected activities involving weapons of mass destruction and missile technology. However, the State Department determined on November 17, 2000, that it is in the foreign policy and national security interests of the United States to remove nonproliferation measures on these two entities. These entities have taken action on the issues that caused the U.S. to impose these measures in 1998. Removing these additional license requirements and restoring the previous license review policy for these entities in light of the action taken by them will support U.S. nonproliferation policy.

Although the Export Administration Act expired on August 20, 2001, Executive Order 13222 of August 17, 2001 (66 FR 44025, August 22, 2001) 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 Executive Order 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, unless that collection of information displays a currently valid Office of Management and Budget Control Number. This rule involves a collection of information subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This collection has been approved by the Office of Management and Budget under control number 0694-0088, “Multi-Purpose Application,” which carries a burden hour estimate of 45 minutes for a manual submission and 40 minutes for an electronic submission.

3. This rule does not contain policies with Federalism implications as this term is defined under Executive Order 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 interim 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. Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis. Comments should be submitted to Sharron Cook, Office of Exporter Services, Bureau of Export Administration, Department of Commerce, P.O. Box 273, Washington, DC 20044, or [e-mail].

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 730-799) is amended as follows:

PART 744—[AMENDED]

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; 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. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, August 22, 2001; Notice of November 9, 2000, 65 FR 68063, 3 CFR, 2000 Comp., p. 408.

2. Supplement No. 4 to part 744 is amended removing the entities “INOR Scientific Center, Moscow, Russia”; and “Polyus Scientific Production Association, 3 Ulitsa Vvedenskogo, 117342, Moscow” listed under “Russia” in the table.

Dated: December 17, 2001.

James J. Jochum,

Assistant Secretary for Export Administration.