[Federal Register Volume 65, Number 53 (Friday, March 17, 2000)]
[Rules and Regulations]
[Pages 14444-14452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6653]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Part 744
[Docket No. 981019261-0020-02]
RIN 0694-AB73
Export Administration Regulations Entity List: Removal of
Entities, Revision in License Policy, and Reformat of List
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Final rule.
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SUMMARY: On November 18, 1998, the Bureau of Export Administration
(BXA) published a rule in the Federal Register (63 FR 64322) that added
certain Indian and Pakistani entities to the Entity List in the Export
Administration Regulations (EAR). This rule removes 51 Indian entities
and modifies one entity's listing. In addition, this rule will revise
the license review policy for items classified as EAR99 (items that are
subject to the EAR, but are not listed on the Commerce Control List) to
Indian and Pakistani government, private and parastatal entities from a
presumption of denial to a presumption of approval. Also, to correct
two inadvertent errors in the publication of the Entity List, this
rule: re-designates one existing Pakistani entry on the list as a
government entity instead of a military facility; and re-designates one
existing Indian entry on the list as a government entity instead of a
private or parastatal entity, while also correcting the organization
with which it was previously identified. Finally, after consultation
between BXA and the Department of State, the subordinates of Indian and
Pakistani organizations that are on the Entity List will be moved to
appendix A and appendix B of the Entity List, respectively. BXA
anticipates this change in policy will increase the number of license
applications submitted to BXA.
DATES: This rule is effective March 17, 2000.
FOR FURTHER INFORMATION CONTACT: Eileen M. Albanese, Director, Office
of Exporter Services, Bureau of Export Administration, Telephone: (202)
482-0436.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 102(b) of the Arms Export Control Act,
President Clinton reported to the Congress on May 13, 1998, with regard
to India and May 30, 1998, with regard to Pakistan his determinations
that those non-nuclear weapon states had each detonated a nuclear
explosive device. The President directed in the determination reported
to the Congress that the relevant agencies and instrumentalities of the
United States take the necessary actions to implement the sanctions
described in section 102(b)(2) of that Act. Consistent with the
President's directive, the Bureau of Export Administration (BXA)
implemented certain sanctions, as well as certain supplementary
measures to enhance the sanctions on November 19, 1998 (63 FR 64322).
Based on a consensus decision by the Administration to more tightly
focus the sanctions on those Indian entities which make direct and
material contributions to weapons of mass destruction and missile
programs and items that can contribute to such programs, BXA is
removing 51 Indian entities from the Entity list, found in Supplement
No. 4 to part 744 of the Export Administration Regulations (EAR), and
revising the listing of one Indian entity. In addition, the license
application review policy for the export or reexport of items
classified as EAR99 to Indian and Pakistani government, private, and
parastatal entities will be revised from a presumption of denial to a
presumption of approval. The U.S. policy of denial for dual-use items
controlled for nuclear proliferation (NP) and missile technology (MT)
reasons to all Indian and Pakistani entities remains unchanged,
however. Recent Congressional action supports these regulatory
revisions. Section 9001(d) of the FY 2000 Defense Appropriations Act
(the Act) includes language stating that ``it is the sense of Congress
that the broad application of export controls to nearly 300 Indian and
Pakistani entities is inconsistent with the specific national security
interests of the United States and that the control list requires
refinement.'' The Act also states that it is the sense of Congress that
``export controls should be applied only to those Indian and Pakistani
entities that make direct and material contributions to weapons of mass
destruction and missile programs and only to those items that can
contribute to such programs.''
This rule re-designates the Pakistani entity, Gadwal Uranium
Enrichment Plant, as a government entity under Sec. 744.11(c)(1) of the
EAR, instead of its initial designation of a military entity under
Sec. 744.12(c). The license review policy for this entity will remain
one of denial for items controlled for NP or MT reasons, except items
intended for the preservation of safety of civil aircraft, which will
be reviewed on a case-by-case basis; and computers, which will be
reviewed with a presumption of denial. All other items subject to the
EAR to this listed entity will be reviewed with a presumption of
denial, with the exception of items classified as EAR99, which will be
reviewed with a presumption of approval, under the new review policy
set out by this rule.
This rule re-designates the Uranium Recovery Plant, located in
Cochin, India, as a government entity under Sec. 744.11(c)(1) of the
EAR, instead of its initial designation of a private/parastatal entity
under Sec. 744.11(c)(2). In addition, it revises the organization with
which it is identified, as the Department of Atomic Energy (DAE),
instead of Fertilizers and Chemicals Travancore (FACT), Uranium
Corporation of India, Ltd. (UCIL). The license review policy for this
entity will remain one of denial for items controlled for NP or MT
reasons, except items intended for the preservation of safety of civil
aircraft, which will be reviewed on a case-by-case basis; and
computers, which will be reviewed with a presumption of denial. All
other items subject to the EAR to this listed entity will be reviewed
with a presumption of denial, with the exception of items classified as
EAR99, which will be reviewed with a presumption of approval, under the
new review policy set out by this rule.
This rule does not change the items subject to sanctions for
entities remaining on the list. The Administration will continue to
review both the list of sanctioned entities and the scope of licensing
requirements over items, and may make additional changes.
The removal of entities from the Entity List does not relieve
exporters or reexporters of their obligations under General Prohibition
5 in Sec. 736.2(b)(5) of the EAR which provides that, ``you may not,
without a license, knowingly export or reexport any item subject to the
EAR to an end-user or end-use that is prohibited by part 744 of the
EAR.'' BXA strongly urges the use of Supplement No. 3 to part 732 of
the EAR, ``BXA's `Know Your Customer' Guidance and Red Flags'' when
exporting or reexporting to India and Pakistan.
Entities Removed From Entity List
Ambarnath Machine Tool Prototype Factory
[[Page 14445]]
Ambarnath Ordnance Factory
Aruvankadu Cordite Factory
Avadi Combine Engine Plant
Avadi Heavy Vehicle Factory
Avadi Ordnance Clothing Factory
*Bharat Heavy Electrical Limited (BHEL), Hardwar and Ranipet
Bhusawal Ordnance Factory
Chandigarh Ordnance Cable Factory
Chandigarh Ordnance Parachute Factory
Combat Vehicle Research and Development Establishment (CVRDE)
Cossipore Gun and Shell Factory
Defence Bio-Engineering and Electro-Medical Laboratory (DEBEL)
Defence Food Research Laboratory (DFRL)
Defence Institute of Fire Research (DIFR)
Defence Institute of Physiology and Allied Sciences (DIPAS)
Defence Institute of Psychological Research (DIPR)
Defence Institute of Workstudy (DIWS)
Defence Research and Development Unit (DRDU)
Defence Research Laboratory (DRL)
Defence Terrain Research Laboratory (DTRL)
Dehra Dun Opto-Electronics Factory
Dehra Dun Ordnance Factory
Dehu Road Ordnance Factory
Hazratpur Ordnance Equipment Factory
Institute of Mathematical Sciences
Institute of Physics
Institute for Systems Studies and Analyses (ISSA)
Interuniversity Consortium of DAE Facilities
Jabalpur Gray Iron Foundry
Jabalpur Gun Carriage Factory
Kanpur Field Gun Factory
Kanpur Ordnance Parachute Factory
Kanpur Small Arms Factory
Katni Ordnance Factory
Khamaira Ordnance Factory
Kirkee Ammunition Factory
Medak Grey Iron Foundry
Medak Ordnance Factory
Mehta Research Institute of Maths and Math Physics
Naval Chemical and Metallurgical Laboratory (NCML)
Ordnance Factories Staff College
Ordnance Factories Training Institutes
Proof and Experimental Establishment
Saha Institute of Nuclear Physics
Scientific Analysis Group (SAG)
Shahjahanpur Ordnance Clothing Factory
Tata Institute of Fundamental Research
Tiruchchirappalli Heavy Alloy Penetrator Project
Titlagarh Ammunition Plant
Varangaon Ordnance Factory
The Variable Energy Cyclotron Centre (VECC)
*This is a revision, not a deletion. Only two cities of this
entity are being removed.
Lastly, subordinate entities of listed Indian and Pakistani
organizations have been moved to appendixes to Supplement No. 4 of part
744 (the Entity List). The subordinates will be listed in alphabetical
order under a heading listing the organization with which they are
identified.
Although the Export Administration Act (EAA) expired on August 20,
1994, the President invoked the International Emergency Economic Powers
Act and continued in effect the EAR, and, to the extent permitted by
law, the provisions of the EAA in Executive Order 12924 of August 19,
1994, as extended by the President's notices of August 15, 1995 (60 FR
42767), August 14, 1996 (61 FR 42527), August 13, 1997 (62 FR 43629),
August 13, 1998 (63 FR 44121), and August 10, 1999 (64 FR 44101, August
13, 1999).
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of E.O. 12866.
2. This rule contains and 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, ``Multi-Purpose
Application,'' which carries a burden hour estimate of 40 minutes to
prepare and submit electronically and 45 minutes to submit manually on
form BXA-748P; and 0694-0111, ``India Pakistan Sanctions,'' which
carries a burden hour estimate of 40 minutes to prepare and submit
electronically and 45 minutes to submit manually on form BXA-748P .
Notwithstanding any other provision of law, no person is required to
respond 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 OMB Control Number.
3. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment 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 (see 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 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, Regulatory Policy Division, Bureau of Export Administration,
Department of Commerce, P.O. Box 273, Washington, DC 20044.
List of Subjects in 5 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 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. 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, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; Notice of November 12, 1998, 63 FR
63589, 3 CFR, 1998 Comp., p. 305; Notice of August 10, 1999, 64 FR
44101 (August 13, 1999).
2. Section 744.11 is amended by revising the introductory text and
paragraph (c) to read as follows:
Sec. 744.11 Restrictions on Certain Government, parastatal, and
private entities in Pakistan and India.
To supplement sanctions measures against India and Pakistan, set
forth in Sec. 742.16 of the EAR, a prohibition is imposed on exports
and reexports to certain government, parastatal, and private entities
in India and Pakistan determined to be involved in nuclear or missile
activities. With respect to subordinates of listed entities in India
and Pakistan, only those specifically listed in Supplement No. 4 to
part 744, Entity List, are subject to the restrictions and policies set
forth in this section. The addition or deletion of entities to or from
Supplement No. 4 to part 744, Entity List, does not relieve you of your
obligations under General Prohibition 5 in Sec. 736.2(b)(5) of the EAR:
``you may not, without a license, knowingly export or reexport any item
subject to the EAR to an end-user or end-use that is prohibited by part
744 of the EAR.'' You are urged to use the guidance in Supplement No. 3
to part 732 of the EAR, ``BXA's ``Know Your Customer' Guidance and Red
Flags'' when exporting or reexporting to India and Pakistan.
* * * * *
[[Page 14446]]
(c) License review standards. (1) Government entities. Applications
to export or reexport items controlled for NP or MT reasons to listed
government entities will be denied, except items intended for the
preservation of safety of civil aircraft, which will be reviewed on a
case-by-case basis; and computers, which will be reviewed with a
presumption of denial. Items classified as EAR99 will be reviewed with
a presumption of approval. All other items subject to the EAR to these
listed entities will be reviewed with a presumption of denial.
(2) Parastatal and private entities. Applications to export or
reexport items controlled for NP or MT reasons to certain parastatal
and private entities will be denied, except items intended to ensure
the safety of civil aviation and safe operation of commercial passenger
aircraft, which will be reviewed on a case-by-case basis; and
computers, which will be reviewed with a presumption of denial. Items
classified as EAR99 will be reviewed with a presumption of approval.
All other items subject to the EAR to these listed entities will be
reviewed with a presumption of denial. Except for items controlled for
NP or MT reasons, exports or reexports to listed parastatals and
private entities with whom you have a preexisting business arrangement
will be considered on a case-by-case basis, with a presumption of
approval in cases where neither the arrangement nor the specific
transaction involves nuclear or missile activities and the exports or
reexports are pursuant to that arrangement. Because EAR99 items have a
license review policy of presumption of approval, you may choose not to
provide documentation of such arrangements for those items. The term
``business arrangement'' covers the full range of business agreements,
including general contracts, general terms agreements (e.g., agreements
whereby the seller delivers products under purchase orders to be issued
by the buyer), general business agreements, offset agreements, letter
agreements that are stand-alone contracts, and letter agreements that
are amendments to existing contracts or other agreements. The terms of
the preexisting business arrangement policy may also apply to the
longstanding continued supply of a particular item or items from the
exporter to the entity even when there is no current agreement between
the firms. BXA, in conjunction with other agencies, will determine
eligibility under the preexisting business arrangement policy. In order
to be eligible under the policy, you must provide documentation to
establish such an arrangement. The documentation should be provided at
the time you submit a license application to export or reexport items
to any listed parastatal or private entity.
3. Supplement No. 4 to part 744 is amended by removing the entities
for India and Pakistan and replacing them with the following list of
entities for India and Pakistan, and adding Appendixes A and B to
Supplement No. 4 to part 744 to read as follows:
Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
License review Federal Register
Country Entity License requirement policy citation
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* * * * * * *
INDIA.................... Aeronautical Development For all items See Sec. 63 FR 64322, 11/19/
Agency, Ministry of subject to the EAR. 744.11(c)(1) of 98
Defense, Bangalore. this part. [INSERT FR CITE]
3/17/00.]
Aerospace Division, For all items See Sec. 63 FR 64322, 11/19/
Hindustan Aeronautics subject to the EAR. 744.11(c)(2) of 98
Limited (HAL), this part. [INSERT FR CITE]
Bangalore. 3/17/00.]
Atomic Energy Commission For all items See Sec. 63 FR 64322, 11/19/
(AEC) located in Mumbai subject to the EAR. 744.11(c)(1) of 98
(formerly Bombay). this part. [INSERT FR CITE]
3/17/00.
Atomic Energy Regulatory For all items See Sec. 63 FR 64322, 11/19/
Board (AERB), Mumbai subject to the EAR. 744.11(c)(1) of 98
(formerly Bombay). this part. [INSERT FR CITE]
3/17/00.
AURO Engineering, For all items See Sec. 63 FR 64322, 11/19/
Pondicherry. subject to the EAR. 744.11(c)(2) of 98
this part. [INSERT FR CITE]
3/17/00.
Baroda Ammonia Plant, For all items See Sec. 63 FR 64322, 11/19/
(collocated with the subject to the EAR. 744.11(c)(2) of 98
Baroda Heavy Water this part. [INSERT FR CITE]
Production Facility), 3/17/00.
Gujarat Fertilizers,
Baroda.
Bharat Dynamics Limited, For all items See Sec. 63 FR 64322, 11/19/
Bhanur and Hyderabad. subject to the EAR. 744.11(c)(2) of 98
this part. [INSERT FR CITE]
3/17/00.
Bharat Earth Movers For all items See Sec. 63 FR 64322, 11/19/
Limited (BEML), subject to the EAR. 744.11(c)(2) of 98
Bangalore. this part. [INSERT FR CITE]
3/17/00.
Bharat Electronics For all items See Sec. 62 FR 26922, 5/16/
Limited (BEL), subject to the EAR. 744.11(c)(2) of 97; 62 FR 51369,
Bangalore, Ghaziabad, this part. 10/1/97; 63 FR
and Hyderabad. 64322, 11/19/98
[INSERT FR CITE]
3/17/00.
Bharat Heavy Electrical For all items See Sec. 63 FR 64322, 11/19/
Limited (BHEL), Trichy subject to the EAR. 744.11(c)(2) of 98
(Tiruchirapalli), this part. [INSERT FR CITE]
Hyderabad, and New 3/17/00.
Delhi.
Central Manufacturing For all items See Sec. 63 FR 64322, 11/19/
Technology Institute, subject to the EAR. 744.11(c)(1) of 98
a.k.a. Central Machine this part. [INSERT FR CITE]
Tool Institute, 3/17/00.
Bangalore.
[[Page 14447]]
Centre for Development For all items See Sec. 63 FR 64322, 11/19/
of Advanced Computing, subject to the EAR. 744.11(c)(1) of 98
Department of this part. [INSERT FR CITE]
Electronics, Pune. 3/17/00.
Defence Research and For all items See Sec. 63 FR 64322, 11/19/
Development subject to the EAR. 744.11(c)(1) of 98
Organization (DRDO) this part. [INSERT FR CITE]
located in New Delhi 3/17/00.
and subordinate
entities specifically
listed in Appendix A to
this supplement.
Department of Atomic For all items See Sec. 63 FR 64322, 11/19/
Energy (DAE) located in subject to the EAR. 744.11(c)(1) of 98
Mumbai (formerly this part. [INSERT FR CITE]
Bombay) and the 3/17/00.
subordinate entities
specifically listed in
Appendix A to this
supplement.
Department of Defense For all items See Sec. 63 FR 64322, 11/19/
Production and Supplies subject to the EAR 744.12(c) of this 98
(DDPS) and the having a part. [INSERT FR CITE]
subordinate entities classification 3/17/00.
specifically listed in other than EAR99.
Appendix A to this
supplement.
Department of Space For all items See Sec. 63 FR 64322, 11/19/
(DOS) located in subject to the EAR. 744.11(c)(1) of 98
Bangalore and the this part. [INSERT FR CITE]
subordinate entities 3/17/00.
specifically listed in
Appendix A to this
supplement.
Electronics Corporation For all items See Sec. 63 FR 64322, 11/19/
of India, Ltd. (ECIL), subject to the EAR. 744.11(c)(2) of 98
Hyderabad. this part. [INSERT FR CITE]
3/17/00.
Engine Division, For all items See Sec. 63 FR 64322, 11/19/
Hindustan Aeronautics subject to the EAR. 744.11(c)(2) of 98
Limited (HAL), this part. [INSERT FR CITE]
Bangalore. 3/17/00.
Ferrodie Private Limited For all items See Sec. 63 FR 64322, 11/19/
(FPL), Thane. subject to the EAR. 744.11(c)(2) of 98
this part. [INSERT FR CITE]
3/17/00.
Godrej & Boyce Mfg., For all items See Sec. 63 FR 64322, 11/19/
Co., Ltd., Precision subject to the EAR. 744.11(c)(2) of 98
Equipment Division this part. [INSERT FR CITE]
(PED) and Tool Room 3/17/00.
Division, Mumbai
(formerly Bombay).
Hazira Ammonia Plant, For all items See Sec. 63 FR 64322, 11/19/
(collocated at the subject to the EAR. 744.11(c)(2) of 98
Hazira Heavy Water this part. [INSERT FR CITE]
Production Facility) 3/17/00.
Krishak Bharati
Cooperative, Ltd.,
Hazira.
Indian Institute of For all items See Sec. 63 FR 64322, 11/19/
Science (IIS), subject to the EAR. 744.11(c)(1) of 98
Departments of: this part. [INSERT FR CITE]
Aerospace Engineering 3/17/00.
and Space Technology
Cell, Bangalore.
Indian Institute of For all items See Sec. 63 FR 64322, 11/19/
Technology (IIT), subject to the EAR. 744.11(c)(1) of 98
Departments of: this part. [INSERT FR CITE]
Aerospace Engineering 3/17/00.
and Space Technology
Cell, Chennai (formerly
Madras).
Indian Institute of For all items See Sec. 63 FR 64322, 11/19/
Technology (IIT), subject to the EAR. 744.11(c)(1) of 98
Departments of: this part. [INSERT FR CITE]
Physics, Aerospace 3/17/00.
Engineering, and Space
Technology Cell, Mumbai
(formerly Bombay).
Indian Rare Earths, For all items See Sec. 62 FR 35335, 6/30/
Ltd., (IREL), located subject to the EAR. 744.11(c)(2) of 97; 63 FR 64322,
in Mumbai (formerly this part. 11/19/98
Bombay) and subordinate [INSERT FR CITE]
entities specifically 3/17/00.
listed in Appendix A to
this supplement.
Kirloskar Brothers, Ltd. For all items See Sec. 63 FR 64322, 11/19/
(KB), Pune. subject to the EAR. 744.11(c)(2) of 98
this part. [INSERT FR CITE]
3/17/00.
Larsen & Toubro, Ltd. For all items See Sec. 63 FR 64322, 11/19/
(L&T), Hazira Works, subject to the EAR. 744.11(c)(2) of 98
Hazira. this part. [INSERT FR CITE]
3/17/00.
Machine Tool Aids & For all items See Sec. 63 FR 64322, 11/19/
Reconditioning (MTAR), subject to the EAR. 744.11(c)(2) of 98
Hyderabad. this part. [INSERT FR CITE]
3/17/00.
Mishra Dhatu Nigam, Ltd. For all items See Sec. 63 FR 64322, 11/19/
(MIDHANI), Hyderabad. subject to the EAR. 744.11(c)(2) of 98
this part. [INSERT FR CITE]
3/17/00.
National Aerospace For all items See Sec. 63 FR 64322, 11/19/
Laboratory, Bangalore. subject to the EAR. 744.11(c)(1) of 98
this part. [INSERT FR CITE]
3/17/00.
National Trisonic For all items See Sec. 63 FR 64322, 11/19/
Aerodynamic Facility, subject to the EAR. 744.11(c)(1) of 98
National Aerospace this part. [INSERT FR CITE]
Laboratory, Bangalore. 3/17/00.
The Nuclear Power For all items See Sec. 63 FR 64322, 11/19/
Corporation of India, subject to the EAR. 744.11(c)(2) of 98
Ltd. (NPCIL), located this part. [INSERT FR CITE]
in Mumbai (formerly 3/17/00.
Bombay) and subordinate
entities specifically
listed in Appendix A to
this supplement.
[[Page 14448]]
Nuclear Science Centre For all items See Sec. 63 FR 64322, 11/19/
(NSC), New Delhi. subject to the EAR. 744.11(c)(1) of 98
this part. [INSERT FR CITE]
3/17/00.
Precision Controls, For all items See Sec. 63 FR 64322, 11/19/
Chennai (formerly subject to the EAR. 744.11(c)(2) of 98
Madras). this part. [INSERT FR CITE]
3/17/00.
Rama Krishna Engineering For all items See Sec. 63 FR 64322, 11/19/
Works (REW), Chennai subject to the EAR. 744.11(c)(2) of 98
(formerly Madras). this part. [INSERT FR CITE]
3/17/00.
Talcher Ammonia Plant, For all items See Sec. 63 FR 64322, 11/19/
(collocated at Talcher subject to the EAR. 744.11(c)(2) of 98
Heavy Water Production this part. [INSERT FR CITE]
Facility) Fertilizer 3/17/00.
Corporation of India,
Ltd., Talcher.
Thal-Vaishet Ammonia For all items See Sec. 63 FR 64322, 11/19/
Plant, (collocated at subject to the EAR. 744.11(c)(2) of 98
Thal-Vaishet Heavy this part. [INSERT FR CITE]
Water Production 3/17/00.
Facility), Rashtriya
Chemicals &
Fertilizers, Thal-
Vaishet in Maharashtra.
Tuticorin Ammonia Plant, For all items See Sec. 63 FR 64322, 11/19/
(collocated at subject to the EAR. 744.11(c)(2) of 98
Tuticorin Heavy Water this part. [INSERT FR CITE]
Production Facility), 3/17/00.
Southern Petrochemical
Industries Corporation,
Tuticorin.
Uranium Corporation of For all items See Sec. 63 FR 64322, 11/19/
India, Ltd. (UCIL), subject to the EAR. 744.11(c)(2) of 98
located in Jaduguda and this part. [INSERT FR CITE]
subordinate entities 3/17/00.
specifically listed in
Appendix A to this
supplement.
Walchandnagar For all items See Sec. 63 FR 64322, 11/19/
Industries, Ltd. (WIL), subject to the EAR. 744.11(c)(2) of 98
Nadu Desarai and Mahad. this part. [INSERT FR CITE]
3/17/00.
* * * * * * *
PAKISTAN................. Abdul Qader Khan For all items See Sec. 63 FR 64322, 11/19/
Research Laboratories, subject to the EAR. 744.11(c)(1) of 98
a.k.a. Khan Research this part. [INSERT FR CITE]
Laboratories (KRL), 3/17/00.
a.k.a. Engineering
Research Laboratories
(ERL), Kahuta.
Al Technique Corporation For all items See Sec. 63 FR 64322, 11/19/
of Pakistan, Ltd.. subject to the EAR. 744.11(c)(2) of 98
this part. [INSERT FR CITE]
3/17/00.
Allied Trading Co....... For all items See Sec. 63 FR 64322, 11/19/
subject to the EAR. 744.11(c)(2) of 98
this part. [INSERT FR CITE]
3/17/00.
ANZ Importers and For all items See Sec. 63 FR 64322, 11/19/
Exporters, Islamabad. subject to the EAR. 744.11(c)(2) of 98
this part. [INSERT FR CITE]
3/17/00.
Armed Forces Institute For all items See Sec. 63 FR 64322,
of Pathology-- subject to the EAR 744.12(c) of this 11/19/98.
Rawalpindi Laboratory. having a part.
classification
other than EAR99.
Center for Advanced For all items See Sec. 63 FR 64322,
Molecular Biology, subject to the EAR 744.12(c) of this 11/19/98.
Lahore. having a part.
classification
other than EAR99.
Combat Development For all items See Sec. 63 FR 64322,
Directorate (CDD). subject to the EAR 744.12(c) of this 11/19/98.
having a part.
classification
other than EAR99.
Defence Science and For all items See Sec. 63 FR 64322, 11/19/
Technology Organization subject to the EAR. 744.11(c)(1) of 98
(DESTO) located in this part. [INSERT FR CITE]
Rawalpindi and 3/17/00.
subordinate entities
specifically listed in
Appendix B to this
supplement.
Engineering and For all items See Sec. 63 FR 64322, 11/19/
Technical Services, subject to the EAR. 744.11(c)(2) of 98
Islamabad. this part. [INSERT FR CITE]
3/17/00.
Engineering Research For all items See Sec. 63 FR 64322, 11/19/
Laboratories (ERL), subject to the EAR. 744.11(c)(1) of 98
a.k.a. Abdul Qader Khan this part. [INSERT FR CITE]
Research Laboratories, 3/17/00.
a.k.a. Khan Research
Laboratories (KRL),
Kahuta.
Gadwal Ammunition Plant. For all items See Sec. 63 FR 64322,
subject to the EAR 744.12(c) of this 11/19/98.
having a part.
classification
other than EAR99.
[[Page 14449]]
Gadwal Uranium For all items See Sec. 63 FR 64322, 11/19/
Enrichment Plant. subject to the EAR. 744.11(c)(1) of 98
this part. [INSERT FR CITE]
3/17/00.
Ghulam Ishaq Khan For all items See Sec. 63 FR 64322, 11/19/
Institute of subject to the EAR. 744.11(c)(1) of 98
Technology, Topai. this part. [INSERT FR CITE]
3/17/00.
Golra Ultracentrifuge For all items See Sec. 63 FR 64322, 11/19/
Plant, Golra. subject to the EAR. 744.11(c)(1) of 98
this part. [INSERT FR CITE]
3/17/00.
Goth Macchi Nitrogen For all items See Sec. 63 FR 64322,
Fertilizer Plant, subject to the EAR 744.12(c) of this 11/19/98.
Sadiqabad. having a part.
classification
other than EAR99.
Haripur Nitrogen For all items See Sec. 63 FR 64322,
Fertilizer Plant, subject to the EAR 744.12(c) of this 11/19/98.
Hazara. having a part.
classification
other than EAR99.
Havelian Explosives and For all items See Sec. 63 FR 64322,
Ammunition Plant. subject to the EAR 744.12(c) of this 11/19/98.
having a part.
classification
other than EAR99.
High Technologies, Ltd., For all items See Sec. 63 FR 64322, 11/19/
Islamabad. subject to the EAR. 744.11(c)(2) of 98
this part. [INSERT FR CITE]
3/17/00.
Karachi CBW Research For all items See Sec. 63 FR 64322,
Institute, University subject to the EAR 744.12(c) of this 11/19/98.
of Karachi's Husein having a part.
Ebrahim Jamal Research classification
Institute of Chemistry other than EAR99.
(HEJRIC).
Karachi Naval Base and For all items See Sec. 63 FR 64322,
Naval Hqs. And Dockyard. subject to the EAR 744.12(c) of this 11/19/98.
having a part.
classification
other than EAR99.
Karachi Superphos For all items See Sec. 63 FR 64322,
Fertilizer Plant, Al subject to the EAR 744.12(c) of this 11/19/98.
Noor. having a part.
classification
other than EAR99.
Khan Research For all items See Sec. 63 FR 64322,
Laboratories (KRL) subject to the EAR. 744.11(c)(1) of 11/19/98; 62 FR
a.k.a. Abdul Qader Khan this part. 35334, 6/30/97
Research Laboratories, [INSERT FR CITE]
a.k.a. Engineering 3/17/00.
Research Laboratories
(ERL), Kahuta.
Khewra Soda Ash Plant, For all items See Sec. 63 FR 64322,
Soda Ash Businesses, subject to the EAR 744.12(c) of this 11/19/98; 64 FR
Soda Ash Works, Khewra having a part. 14606, 3/26/99
Distt. Jhelum, (owned classification
by ICI Pakistan other than EAR99.
Limited).
Lahore Weapons Plant, For all items See Sec. 63 FR 64322,
PEC. subject to the EAR 744.12(c) of this 11/19/98.
having a part.
classification
other than EAR99.
Lastech Associates, For all items See Sec. 63 FR 64322, 11/19/
Islamabad.. subject to the EAR. 744.11(c)(2) of 98
this part. [INSERT FR CITE]
3/17/00.
Machinery Master For all items See Sec. 63 FR 64322, 11/19/
Enterprises, Islamabad. subject to the EAR. 744.11(c)(2) of 98
this part. [INSERT FR CITE]
3/17/00.
Maple Engineering Pvt. For all items See Sec. 63 FR 64322, 11/19/
Ltd. Consultants, subject to the EAR. 744.11(c)(2) of 98
Importers and Exporters. this part. [INSERT FR CITE]
3/17/00.
Mirpur Nitrogen For all items See Sec. 63 FR 64322,
Fertilizer Plant, subject to the EAR 744.12(c) of this 11/19/98.
Mathelo. having a part.
classification
other than EAR99.
Modern Engineering For all items See Sec. 63 FR 64322, 11/19/
Services, Ltd., subject to the EAR. 744.11(c)(2) of 98
Islamabad. this part. [INSERT FR CITE]
3/17/00.
Multan Chemical For all items See Sec. 63 FR 64322,
Fertilizer Plant. subject to the EAR 744.12(c) of this 11/19/98.
having a part.
classification
other than EAR99.
[[Page 14450]]
National Development For all items See Sec. 62 FR 35335, 6/30/
Centre. subject to the EAR. 744.11(c)(1) of 97; 63 FR 64322,
this part. 11/19/98
[INSERT FR CITE]
3/17/00.
National Institute of For all items See Sec. 63 FR 64322,
Biotechnology and subject to the EAR 744.12(c) of this 11/19/98.
Genetic Engineering, having a part.
Faisalabad. classification
other than EAR99.
Orient Importers and For all items See Sec. 63 FR 64322, 11/19/
Exporters, Islamabad. subject to the EAR. 744.11(c)(2) of 98
this part. [INSERT FR CITE]
3/17/00.
Pakistan Atomic Energy For all items See Sec. 63 FR 64322, 11/19/
Commission (PAEC) subject to the EAR. 744.11(c)(1) of 98
located in Islamabad this part. [INSERT FR CITE]
and subordinate 3/17/00.
entities specifically
listed in Appendix B to
this supplement.
Pakistan Institute for For all items See Sec. 62 FR 35334, 6/30/
Nuclear Science and subject to the EAR. 744.11(c)(1) of 97; 63 FR 64322,
Technology (PINSTECH) this part. 11/19/98
located in Islamabad [INSERT FR CITE]
and subordinate 3/17/00.
entities specifically
listed in Appendix B to
this supplement.
Pakistan Ordnance For all items See Sec. 63 FR 64322, 11/19/
Factories. subject to the EAR. 744.11(c)(1) of 98
this part. [INSERT FR CITE]
3/17/00.
People's Steel Mills, For all items See Sec. 63 FR 64322, 11/19/
Karachi. subject to the EAR. 744.11(c)(1) of 98
this part. [INSERT FR CITE]
3/17/00.
Prime International..... For all items See Sec. 63 FR 64322, 11/19/
subject to the EAR. 744.11(c)(2) of 98
this part. [INSERT FR CITE]
3/17/00.
Saniwal Ammunition Plant For all items See Sec. 63 FR 64322,
subject to the EAR 744.12(c) of this 11/19/98.
having a part.
classification
other than EAR99.
Scientific and Technical For all items See Sec. 63 FR 64322, 11/19/
Technology, Ltd., subject to the EAR. 744.11(c)(2) of 98
Islamabad. this part. [INSERT FR CITE]
3/17/00.
Sihala Ultracentrifuge For all items See Sec. 63 FR 64322, 11/19/
Plant, Sihala. subject to the EAR. 744.11(c)(1) of 98
this part. [INSERT FR CITE]
3/17/00.
Space and Upper For all items See Sec. 63 FR 64322, 11/19/
Atmospheric Research subject to the EAR. 744.11(c)(1) of 98
Commission (SUPARCO) this part. [INSERT FR CITE]
and subordinate 3/17/00.
entities specifically
listed in Appendix B to
this supplement.
Space Research Council.. For all items See Sec. 63 FR 64322, 11/19/
subject to the EAR. 744.11(c)(1) of 98
this part. [INSERT FR CITE]
3/17/00.
Technical Services, For all items See Sec. 63 FR 64322, 11/19/
Islamabad. subject to the EAR. 744.11(c)(2) of 98
this part. [INSERT FR CITE]
3/17/00.
The Tempest Trading For all items See Sec. 63 FR 64322, 11/19/
Company, Islamabad. subject to the EAR. 744.11(c)(2) of 98
this part. [INSERT FR CITE]
3/17/00.
Unique Technical For all items See Sec. 63 FR 64322, 11/19/
Promoters. subject to the EAR. 744.11(c)(2) of 98
this part. [INSERT FR CITE]
3/17/00.
Wah Chemical Product For all items See Sec. 63 FR 64322,
Plant. subject to the EAR 744.12(c) of this 11/19/98.
having a part.
classification
other than EAR99.
Wah Munitions Plant, For all items See Sec. 63 FR 64322, 11/19/
a.k.a. Explosives subject to the EAR. 744.11(c)(1) of 98
Factory, Pakistan this part. [INSERT FR CITE]
Ordnance Factories 3/17/00.
(POF).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 14451]]
Appendix A to Supplement No. 4 to Part 744 (Entity List)--Listed
Subordinates of Listed Indian Organizations
The subordinates listed in this appendix are considered listed
entities to the Entity List. Subordinates have the same license
requirements and review policy as the organizations they are
identified under. The subordinates in this appendix are listed in
alphabetical order under the organization that they are identified
with, which are also listed in alphabetical order.
Defence Research and Development Organization (DRDO):
Aerial Delivery Research and Development Establishment (ADRDE),
Agra
Aeronautical Development Establishment (ADE), Bangalore
Armament Research and Development Establishment (ARDE), Pune
Centre for Aeronautical Systems Studies and Analysis (CASSA),
Bangalore
Defence Electronics Applications Laboratory (DEAL), Dehra Dun
Defence Electronics Research Laboratory (DERL or DLRL),
Hyderabad
Defence Laboratory (DL), Jodhpur
Defence Materials and Store Research and Development
Establishment (DMSRDE), Kanpur
Defence Metallurgical Research Laboratory (DMRL), Hyderabad
Defence Research and Development Establishment (DRDE), Gwalior
Defence Research and Development Laboratory (DRDL), Hyderabad
Defence Science Centre (DSC), New Delhi
Electronics and Radar Development Establishment (ERDE or LRDE),
Bangalore
Explosive Research and Development Laboratory (ERDL), Pune
Gas Turbine Research Establishment (GTRE), Bangalore
Institute of Armament Technology (IAT), Pune
Instruments Research and Development Establishment (IRDE), Dehra
Dun
The Missile Research and Development Complex, Imarat, Hyderabad
National Test Range, Baliabad
Naval Physical and Oceanographic Laboratory (NPOL), Cochin
Naval Science and Technological Laboratory (NSTL),
Vishakhapatnam
Research and Development Establishment (Engineers) (R&DE
(ENGRS)), Pune
Solid State Physics Laboratory (SSPL), New Delhi
Terminal Ballistics Research Laboratory (TBRL), Chandigarh
Vehicles Research and Development Establishment, Ahmednagar
Department of Atomic Energy (DAE):
Advanced Fuel Fabrication Facility, Tarapur
Aspara Research Reactor, Trombay
The Atomic Minerals Division (AMD), Hyderabad
Baroda Heavy Water Production Facility, Baroda
Beryllium Machining Facility, Mumbai
Bhabha Atomic Research Center (BARC), Trombay/Mumbai
Board of Radiation and Isotope Technology (BRIT), Mumbai
Boron Enrichment Plant, Trombay
Central Workshops, Trombay
Centre for Advanced Technology (CAT), Indore
Centre for the Compositional Characterization of Materials,
Hyderabad
Ceramic Fuels Fabrication Plant, Hyderabad
Cirus Reactor, Mumbai
Construction Services and Estate Management Group, Mumbai
Dhruva Reactor, Mumbai
Directorate of Purchase and Stores (DPS), Mumbai
Fast Breeder Test Reactor (FBTR), Kalpakkam
Fast Reactor Fuel Reprocessing Plant (FRFRP), Kalpakkam
General Services Organization, Kalpakkam
Hazira Heavy Water Production Facility, Hazira
Heavy Water Board, Mumbai
Indira Gandhi Center for Atomic Research (IGCAR), Kalpakkam
Kalpakkam Reprocessing Plant (KARP), (a.k.a. Kalpakkam Fuel
Reprocessing Plant), Kalpakkam
Kamini Research Reactor, Kalpakkam
Kota Heavy Water Production Facility, Kota
Manuguru Heavy Water Production Facility, Manuguru
Nangal Heavy Water Production Facility, Nangal
New Zirconium Sponge Plant, Hyderabad
Nuclear Fuel Complex (NFC), Hyderabad
Plutonium Reprocessing Plant, Trombay
PREFRE Reprocessing Plant, Tarapur
Prototype Fast Breeder Reactor (PFBR), Kalpakkam
Purinima Facility, Trombay
Special Materials Plant, Hyderabad
Talcher Heavy Water Production Facility, Talcher
Thal-Vaishet Heavy Water Production Facility, Thal-Vaishet in
Maharashtra
Trombay Reprocessing Plant, Trombay
Tuticorin Heavy Water Production Facility, Tuticorin
Uranium Conversion Plant, Trombay
Uranium Enrichment Plant, Trombay
Uranium Fuel Assembly Plant, Hyderabad
Uranium Recovery Plant, Cochin
Zirconium Fabrication Plant, Hyderabad
Department of Defense Production and Supplies (DDPS):
Ambajhari Ordnance Factory
Chanda Ammunition Loading Plant
Chanda Ordnance Factory
Dum Dum Ordance Factory
Ishapore Metal and Steel Factory
Ishapore Rifle Factory
Itarsi Ordnance Factory
Kanpur Ordnance Equipment Factory
Kanpur Ordnance Factory
Kirkee High Explosives Factory
Muradnagar Ordnance Factory
Ordnance Factory Board
Tiruchchirappalli Ordnance Factory
Department of Space (DOS):
Ammonium Perchlorate Experimental Plant, Alwaye
Indian Space Research Organization (ISRO), Bangalore
Interim Test Range (ITR), Balasore
ISRO Inertial Systems Unit (IISU), Thiruvananthapura
Liquid Propulsion Systems Centre, Bangalore
Liquid Propulsion Systems Centre, Thiruvananthapuram or
Valiamala
Liquid Propulsion Test Facility, Mahendragiri
Meteorological Rocket Station, Balasore
Physical Research Laboratory (PRL), Ahmadabad
Solid Propellant Space Booster Plant (SPROB)
Space Applications Centre (SAC), Ahmadabad
Space Physics Laboratory (SPL),Thiruvananthapuram
Sriharikota Space Centre (SHAR), Andhra Pradesh
Thumba Equatorial Rocket Launching Station
Vikram Sarabhai Space Centre (VSSC), Thiruvananthapuram
Indian Rare Earths, Ltd. (IREL):
India Minerals Separation Plants, Chhatrapur, Orissa, and
Chavara
The Mineral Sand Separation Complex, Chhatrapur in the Gunjan
District of Orissa
Minerals Recovery Plant, Chavara
Orissa Sands Complex (OSCOM), Chhatrapur in the Gunjan District
of Orissa
Rare Earth Development Laboratory, Trombay
Rare Materials Plant, Mysore
Thorium Plant, Chhatrapur
Zirconium Oxide Plant, Manavalakuruchi
The Nuclear Power Corporation of India, Ltd. (NPCIL):
Heavy Water Upgrade Plant, Kakrapar
Kaiga Atomic Power Project (KAPP), Kaiga
Kakrapar Atomic Power Station (KAPS), Kakrapar
Kundankulam Atomic Power Project, Kundankulam
Madras Atomic Power Station (MAPS), Kalpakkam
Narora Atomic Power Station (NAPS), Bullandshahr (Uttar Pradesh)
Rajasthan Atomic Power Station (RAPS) and Rajasthan Atomic Power
Project, Rawatbhata
Tarapur Atomic Power Station (TAPS) and Tarapur Atomic Power
Project, Tarapur
Uranium Corporation of India, Ltd. (UCIL):
Bhatin Uranium Mine and Mill, Bhatin
Jaduguda Uranium Mine and Mill, Jaduguda
Narwapahar Uranium Mine and Mill, Narwapahar
Uranium Mine and Mill, Narwapahar, Jaduguda, and Bhatin
Uranium Mine, Turamdih
Uranium Recovery Plants, Mosabini (a.k.a. Masabeni), Rakha and
Surda (a.k.a. Surdat)
Appendix B to Supplement No. 4 to Part 744 (Entity List)--Listed
Subordinates of Listed Pakistani Organizations
The subordinates listed in this appendix are considered listed
entities to the Entity
[[Page 14452]]
List. Subordinates have the same license requirements and review
policy as the organizations they are identified under. The
subordinates in this appendix are listed in alphabetical order under
the organization that they are identified with, which are also
listed in alphabetical order.
Defence Science and Technology Organization (DESTO):
Chaklala Defense Science and Technology Organization
Daud Khel Chemical Plant, Lahore
Karachi CBW & BW Warfare R&D Laboratory
Pakistan Atomic Energy Commission (PAEC):
Atomic Energy Minerals Centre, Lahore
Baghalchur Uranium Mine, Baghalchur
Center for Nuclear Studies, Islamabad (also PINSTECH)
Chasma Fuel Fabrication Plant, Kundian
Chasma Nuclear Power Plant (CHASNUPP), Kundian
Computer and Development Division, KANUPP Institute of Nuclear
Power Engineering (KINPOE)
Computer Training Center (also PINSTECH), Islamabad
Dera Ghazi Khan Uranium Mine, Dera Ghazi Khan
Directorate of Technical Development
Directorate of Technical Equipment
Directorate of Technical Procurement
Hard Rock Division, Penshawar
Hawkes Bay Depot
Heavy Water Production Plant, KANUPP, Karachi
Institute of Nuclear Power, Islamabad
Issa Khel/Kubul Kel Uranium Mines and Mills, Miniawali District
Karachi Nuclear Power Plant (KANUPP), Karachi
KANUPP Institute of Nuclear Power Engineering (KINPOE), Karachi
Khushab Reactor, Khushab, Punjab
Mineral Sands Program, Karachi
Multan Heavy Water Production Facility, Multan Division, Punjab
National Engineering Service of Pakistan, CHASMA Nuclear Power
Plant (CHASNUPP), Kundian
Science and Engineering Services Directorate
Uranium Conversion Facility, Islamabad
Pakistan Institute for Nuclear Science and Technology (PINSTECH):
New Laboratories, Rawalpindi
Nuclear Track Detection Center
Parr-1 Research Reactor
Parr-2 Research Reactor
Pilot Reprocessing Plant, New Laboratories
Solid State Nuclear Track Detection Center
Space and Upper Atmospheric Research Commission (SUPARCO):
Aerospace Institute, Islamabad
Computer Center, Karachi
Control System Laboratories
Flight Test Range, Sonmiani Beach
Instrumentation Laboratories, Karachi
Material Research Division
Quality Control and Assurance Unit
Rocket Bodies Manufacturing Unit
Solid Composite Propellant Unit
Space and Atmospheric Research Center, Karachi
Static Test Unit, Karachi
Dated: March 14, 2000.
Iain S. Baird,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 00-6653 Filed 3-14-00; 3:06 pm]
BILLING CODE 3510-33-P