“In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement several components of the bilateral understanding between the United States and India announced by President Obama and India’s Prime Minister Singh on November 8, 2010. This is the first in a series of rules implementing the President’s and Prime Minister’s commitment to work together to strengthen the global nonproliferation and export control framework and further transform our bilateral export control cooperation to realize the full potential of the strategic partnership between the two countries. The two leaders outlined mutual steps to implement an export control reform program. On the part of the United States, these steps include removing India’s defense and space-related entities from the Entity List (Supplement No. 4 to part 744 of the EAR) and realigning U.S. export licensing policy toward India by removing India from three country groups in the EAR and adding it to one country group. This rule also makes conforming changes to the EAR consistent with these steps. These reforms reflect India’s nonproliferation record and commitment to abide by multilateral export control standards. …. India, however, remains subject to the ‘catch-all’ controls in section 744.2 of the EAR (Restrictions on Certain Nuclear End-uses). Under section 744.2, a person may not export, reexport, or transfer (in-country) an item subject to the EAR to India without a license if, at the time of export, reexport, or transfer (in-country), the person knows that the item will be used, directly or indirectly, in activities described in paragraphs (a)(1), (a)(2), and (a)(3) of section 744.2, i.e., certain nuclear explosive activities, unsafeguarded nuclear activities, or certain safeguarded and unsafeguarded nuclear activities.”

The following deletions have been made to BIS’s Entity list:

  • Bharat Dynamics Limited (BDL)
  • Armament Research and Development Establishment (ARDE)
  • Defense Research and Development Lab (DRDL)
  • Missile Research and Development Complex
  • Solid State Physics Laboratory
  • Liquid Propulsion Systems Center
  • Solid Propellant Space Booster Plant (SPROB)
  • Sriharikota Space Center (SHAR)
  • Vikram Sarabhai Space Center (VSSC)

    • 76 FR 4228-31
    Published 01-25-2011