Rules and Regulations. Final rule

Agency: Bureau of Export Administration, Commerce
Action: Final rule
Citation: FR Doc. 00-6653 · RIN 0694-AB73 · Docket No. 981019261-0020-02 · 15 CFR 744

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.

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 § 744.11(c)(1) of the EAR, instead of its initial designation of a military entity under § 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 § 744.11(c)(1) of the EAR, instead of its initial designation of a private/parastatal entity under § 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 § 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 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: § 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 § 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 § 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. (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 Country Entity License requirement License review policy Federal Register citation * * * * * * * INDIA Aeronautical Development Agency, Ministry of Defense, Bangalore For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00.] Aerospace Division, Hindustan Aeronautics Limited (HAL), Bangalore For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00.] Atomic Energy Commission (AEC) located in Mumbai (formerly Bombay) For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Atomic Energy Regulatory Board (AERB), Mumbai (formerly Bombay) For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. AURO Engineering, Pondicherry For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Baroda Ammonia Plant, (collocated with the Baroda Heavy Water Production Facility), Gujarat Fertilizers, Baroda For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Bharat Dynamics Limited, Bhanur and Hyderabad For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Bharat Earth Movers Limited (BEML), Bangalore For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Bharat Electronics Limited (BEL), Bangalore, Ghaziabad, and Hyderabad For all items subject to the EAR See § 744.11(c)(2) of this part 62 FR 26922, 5/16/97; 62 FR 51369, 10/1/97; 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Bharat Heavy Electrical Limited (BHEL), Trichy (Tiruchirapalli), Hyderabad, and New Delhi For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Central Manufacturing Technology Institute, a.k.a. Central Machine Tool Institute, Bangalore For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Centre for Development of Advanced Computing, Department of Electronics, Pune For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Defence Research and Development Organization (DRDO) located in New Delhi and subordinate entities specifically listed in Appendix A to this supplement For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Department of Atomic Energy (DAE) located in Mumbai (formerly Bombay) and the subordinate entities specifically listed in Appendix A to this supplement For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Department of Defense Production and Supplies (DDPS) and the subordinate entities specifically listed in Appendix A to this supplement For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Department of Space (DOS) located in Bangalore and the subordinate entities specifically listed in Appendix A to this supplement For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Electronics Corporation of India, Ltd. (ECIL), Hyderabad For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Engine Division, Hindustan Aeronautics Limited (HAL), Bangalore For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Ferrodie Private Limited (FPL), Thane For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Godrej & Boyce Mfg., Co., Ltd., Precision Equipment Division (PED) and Tool Room Division, Mumbai (formerly Bombay) For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Hazira Ammonia Plant, (collocated at the Hazira Heavy Water Production Facility) Krishak Bharati Cooperative, Ltd., Hazira For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Indian Institute of Science (IIS), Departments of: Aerospace Engineering and Space Technology Cell, Bangalore For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Indian Institute of Technology (IIT), Departments of: Aerospace Engineering and Space Technology Cell, Chennai (formerly Madras) For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Indian Institute of Technology (IIT), Departments of: Physics, Aerospace Engineering, and Space Technology Cell, Mumbai (formerly Bombay) For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Indian Rare Earths, Ltd., (IREL), located in Mumbai (formerly Bombay) and subordinate entities specifically listed in Appendix A to this supplement For all items subject to the EAR See § 744.11(c)(2) of this part 62 FR 35335, 6/30/97; 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Kirloskar Brothers, Ltd. (KB), Pune For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Larsen & Toubro, Ltd. (L&T), Hazira Works, Hazira For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Machine Tool Aids & Reconditioning (MTAR), Hyderabad For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Mishra Dhatu Nigam, Ltd. (MIDHANI), Hyderabad For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. National Aerospace Laboratory, Bangalore For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. National Trisonic Aerodynamic Facility, National Aerospace Laboratory, Bangalore For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. The Nuclear Power Corporation of India, Ltd. (NPCIL), located in Mumbai (formerly Bombay) and subordinate entities specifically listed in Appendix A to this supplement For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Nuclear Science Centre (NSC), New Delhi For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Precision Controls, Chennai (formerly Madras) For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Rama Krishna Engineering Works (REW), Chennai (formerly Madras) For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Talcher Ammonia Plant, (collocated at Talcher Heavy Water Production Facility) Fertilizer Corporation of India, Ltd., Talcher For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Thal-Vaishet Ammonia Plant, (collocated at Thal-Vaishet Heavy Water Production Facility), Rashtriya Chemicals & Fertilizers, Thal-Vaishet in Maharashtra For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Tuticorin Ammonia Plant, (collocated at Tuticorin Heavy Water Production Facility), Southern Petrochemical Industries Corporation, Tuticorin For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Uranium Corporation of India, Ltd. (UCIL), located in Jaduguda and subordinate entities specifically listed in Appendix A to this supplement For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Walchandnagar Industries, Ltd. (WIL), Nadu Desarai and Mahad For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. * * * * * * * PAKISTAN Abdul Qader Khan Research Laboratories, a.k.a. Khan Research Laboratories (KRL), a.k.a. Engineering Research Laboratories (ERL), Kahuta For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Al Technique Corporation of Pakistan, Ltd. For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Allied Trading Co. For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. ANZ Importers and Exporters, Islamabad For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Armed Forces Institute of Pathology—Rawalpindi Laboratory For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98. Center for Advanced Molecular Biology, Lahore For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98. Combat Development Directorate (CDD) For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98. Defence Science and Technology Organization (DESTO) located in Rawalpindi and subordinate entities specifically listed in Appendix B to this supplement For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Engineering and Technical Services, Islamabad For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Engineering Research Laboratories (ERL), a.k.a. Abdul Qader Khan Research Laboratories, a.k.a. Khan Research Laboratories (KRL), Kahuta For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Gadwal Ammunition Plant For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98. Gadwal Uranium Enrichment Plant For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Ghulam Ishaq Khan Institute of Technology, Topai For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Golra Ultracentrifuge Plant, Golra For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Goth Macchi Nitrogen Fertilizer Plant, Sadiqabad For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98. Haripur Nitrogen Fertilizer Plant, Hazara For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98. Havelian Explosives and Ammunition Plant For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98. High Technologies, Ltd., Islamabad For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Karachi CBW Research Institute, University of Karachi's Husein Ebrahim Jamal Research Institute of Chemistry (HEJRIC) For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98. Karachi Naval Base and Naval Hqs. And Dockyard For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98. Karachi Superphos Fertilizer Plant, Al Noor For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98. Khan Research Laboratories (KRL) a.k.a. Abdul Qader Khan Research Laboratories, a.k.a. Engineering Research Laboratories (ERL), Kahuta For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98; 62 FR 35334, 6/30/97 [INSERT FR CITE] 3/17/00. Khewra Soda Ash Plant, Soda Ash Businesses, Soda Ash Works, Khewra Distt. Jhelum, (owned by ICI Pakistan Limited) For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98; 64 FR 14606, 3/26/99 Lahore Weapons Plant, PEC For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98. Lastech Associates, Islamabad. For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Machinery Master Enterprises, Islamabad For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Maple Engineering Pvt. Ltd. Consultants, Importers and Exporters For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Mirpur Nitrogen Fertilizer Plant, Mathelo For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98. Modern Engineering Services, Ltd., Islamabad For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Multan Chemical Fertilizer Plant For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98. National Development Centre For all items subject to the EAR See § 744.11(c)(1) of this part 62 FR 35335, 6/30/97; 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. National Institute of Biotechnology and Genetic Engineering, Faisalabad For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98. Orient Importers and Exporters, Islamabad For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Pakistan Atomic Energy Commission (PAEC) located in Islamabad and subordinate entities specifically listed in Appendix B to this supplement For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Pakistan Institute for Nuclear Science and Technology (PINSTECH) located in Islamabad and subordinate entities specifically listed in Appendix B to this supplement For all items subject to the EAR See § 744.11(c)(1) of this part 62 FR 35334, 6/30/97; 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Pakistan Ordnance Factories For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. People's Steel Mills, Karachi For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Prime International For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Saniwal Ammunition Plant For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98. Scientific and Technical Technology, Ltd., Islamabad For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Sihala Ultracentrifuge Plant, Sihala For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Space and Upper Atmospheric Research Commission (SUPARCO) and subordinate entities specifically listed in Appendix B to this supplement For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Space Research Council For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Technical Services, Islamabad For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. The Tempest Trading Company, Islamabad For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Unique Technical Promoters For all items subject to the EAR See § 744.11(c)(2) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Wah Chemical Product Plant For all items subject to the EAR having a classification other than EAR99 See § 744.12(c) of this part 63 FR 64322, 11/19/98. Wah Munitions Plant, a.k.a. Explosives Factory, Pakistan Ordnance Factories (POF) For all items subject to the EAR See § 744.11(c)(1) of this part 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. * * * * * * * 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 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]