ML20236F390

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Partially Withheld Secy Informing Commission of Receipt of Executive Branch Views on Pending South African U Import License Applications
ML20236F390
Person / Time
Issue date: 03/30/1987
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20236F271 List:
References
FOIA-87-288, TASK-PII, TASK-SE SECY-87-086, SECY-87-86, NUDOCS 8708030322
Download: ML20236F390 (16)
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March 30, 1987 pQQCyl$$y{ SE D 86 ) (Information) i i F., glr: The Comission from: Victor Stello, Jr. Executive Director for Operations

Subject:

SOUTH AFRICAN URANIUM IMPORT LICENSE Purpose -~~~'~~: Branch's views on the pending South Af Backoround: ~ As discussed in SECY-87-33 i eight applications for spec,ific licenses to imthe Commission ha has been subsequently withdrawn). South African-10-87-004 While awaiting receipt of the Executive Br i the Commission has received an intervention petition requesting that the applications be denied. with standard procedures, the Office of the General Cou In accordance has prepared coments on the intervention petition and March 19, filed them with the Comission and served the , on the interested parties. ~ Discussion: In accordance with 5110.84 d) of the Commission' export / import licensing reg (ulations, the Comission ~ cannot take action on an intervention petition until after receipt and review of the Executive Branch's ' views 1 on the l however,icenseapplicationsinvolved(itshouldbenoted, i-that receipt of such views in import licensing proceedings is not required by the Atomic Energy Act of 195 or the Non-Proliferation Act of'1978). Branch's vi.. The Execu A..endix A -en ree-ived.nd. , tive .4 s CONTACT: p, i Marvin."eterson, 10 l 49-27866 I Information in this record was deleted 070730 in accordance with the Fr lgBoggja Act exemptions [eedom 0f Information /v , TROSTENG7-28C PM

The Commission 2 ~ s / / J fictorSt'el',Jr. bb Executive Director for Operations o Appendices: [N A. Executive Branch Views B. Treasury Department Regulations

1 1 l l I I I I 1 l l 1 l 1 i i 1 l 1 1 l l I \\ APPEf!OIX A l l l j l 1 l i l l l l 1 l l l i l

United States Department of State Washington. D.C. EOMO . r..s 4 BUREAU OF OCEANS AND INTERNATIONAL gg M,m j p o l 'i5 ENVIRONMENT /.L AND SCIENTIFIC AFFAIRS March 17, 1987 [. 1 Mr. James 9. Shea Director of International Programs United States Nuclear Regulatory Commission $$IN 7 j Bethesda, Maryland

Dear Mr. Shea:

This letter is in response to the letter from your office dated January 8, 1987, requesting Executive Branch views as to whether issucnce of an import license in accordance with the application hereinafter described meets the applicable criteria of the Comprehensive Anti-Apartheid Act of 1986, and specifically, Section 309 (a) of the Act: NRC No. 10-87-001 -- Application by Braunkohle Transport USA for authorization to import 500,000 kilograms of U308 uranium ore concentrate of South African origin for further processing and re-export. The Executive Branch has reviewed the application and concluded that the import would not be contrary to the provisions of the Comprehensive Anti-Apartheid Act of 1986, including Section 309(a) of the Act, with the following proviso. The Executive Branch notes that no information has been provided by the applicant regarding whether the uranium ore has been produced, marketed or otherwise exported by a parastatal organization of South Africa. If a parastatal organization of South Africa produced, marketed or otherwise exported the material covered by this import application, it is the view of the Executive Branch that the import must be pursuant to a contract entered into prior to August 15, 1986 and occur by April 1, 1987. On the basis of the foregoing, the Executive Branch recommends that the license be issued. Sincerely, f h Y 4 # A C. Fred McGoldrick, Acting' Deputy Assistant Secretary Nuclear Energy & Energy Technology Programs

United States Department of State y,'f,il Washinpon. D.C. 20520 %s BUREAU OF OCEANS AND INTERNATIONAL p ENVIRONMENTAL AND SCIENTIFIC AFFAIRS 2$ March 17, 1987 ?} Mr. James R. Shea Dir e ct or of International Prog rams United States Nuclear Regulatory Commission 3 Bethesda, Maryland AN dOk

Dear Mr. Shea:

l This letter is in re sponse to th e le t te r fr om yo ur of fice da ted January 8, 1987, requesting );;cutive Branch views as t o w het her is suance of an impor t license in accordance wi th th e application hereinafter described meets the applicable criteri a { of the Comprehensive An ti-Apar theid Ac t of 1986, and specifically, Section 3 09 (a) of the Act: N RC No. IU-87-002 -- Applica tion by Br aunkohle Tr ansport i USA for authorization to import 1,000,000 kilograms of n atur al ur anium of South Af rican or igin in th e fo rm of uranium hexafluoride. Half of the material is intended for u se in light water reactor s in the U.S.: the ot her ha lf is intended f or foreign use. The Executive Br anch has reviewed the application and j c oncluded that the import would not be contrary to the p rovisions of th e Compr ehen sive An ti-Apartheid Ac t of 1986, including Section 309(a) of the Act, with the followi ng proviso. The Ex ecutive Br anch notes that no in f ormation ha s i been provided by the applicant regarding whether the uranium had been produced, ma r ke ted or otherwise exported by a parastatal organization of South Africa. If a parastata l organization of So uth Af rica pr oduced, marketed or otherwise ex por t ed the material covered by this import application, it i s t he view o f th e Ex ecu t ive Br anch th a t the import mu s t be pu r su ant to a contr act entered into prior to August 15, 1986 a nd occur by Ap r il 1, 1987. On th e ba sis o f th e fo r egoing, the Executive Br anch recommends that the license be issued. S i ncer ely, Nd ilh.2ky,w-f Fr ed McGoldrick, Acting D epu ty As sis tant Secretary Nuclear Energy & Ene rgy Technology Programs

\\ ._ y United States Department of State (U7J;* Vl Washington, D.C. 20520 3 { %C3 BUR' EAU OF OCEANS AND INTERNATIONAL M ENVIRONMENTAL AND SCIENTIFIC AFFAIRS March 17, 1987.T 3 Mr. James R. Shea N Director of International Programs p United States Nuclear Regulatory Commission ' -s Bethesda, Maryland y j

Dear Mr. Sh ea:

} This letter is in re sponse to the le tter from your of fice j dated January 8, 1987, requesting Executive Branch views as to w he the r is suance of an impor t license in accordance with the j application hereinaf ter described meets the applicable criteri a 4 of the Compt ebens ive An ti-Apar theid Ac t of 19 86,. and specifically, Section 309 (a) of the Ac t: ) NRC tb. IU 003 -- Applica tion by Br a unkohle Tr anspor t USA for authorization to import up to 25,000 kilograms o f U-23 5 contained in 500,000 kilograms of ur anium of So uth Af rican origin in the form of uranium hexafluoride enriche d to a maximum of five pe rcen t. Half of th e ma ter ial is j intended for use in light water reactors in the U.S.: the i o the r half is intended for foreign use. The Executive Branch has reviewed the application and concluded that the impor t would not be contrary to the provisions of the Comprehensive Anti-Apartheid Act of 1986, including Section 309(a) of th e Ac t, wi th th e following proviso. The Executive Branch notes that no information has been provided by the applicant regarding whether the ur anium had been produced, marketed or otherwise exported by a parastatal or ganization of South Af rica. If a parastatal organization of Scech Africa produced, marketed or otherwise e xpor ted th e mater ial cover ed by this impor t applica tion, it is the view of the Executive Branch that the import must be p ur s uan t to a con tract en ter ed in to pr ior to Au g us t 15, 1986 and occur by April 1, 1987. On the basis of the foregoing, the Executive Br anch recommends that the license be issued. S ince r ely, hl) % Y.(',,& f M Fred McGoldrick, Acting D epu ty As sis tant Se cr e ta ry Nuclear Energy & Energy Technology Programs

i 4 4 f, United States Department of State Q( N, Q Q(7 0 f Wbshington. D.C. 20520 BURE AU OF OCEANS AND INTERNATIONAL [ 'V ENVIRONMENTAL AND SCIENTIFIC AFFAIRS = os N March 17, 1987 _,s Mr. James R. Shea a Di r ec tor of International Programs 5; United States Nuclear Regulatory Commission Bethesda, Maryland ~j

Dear Mr. Shea:

s This letter is in re sponse to the le tte r from your of fice da ted Janua ry 8, 1987, requesting Executive Branch views as to whether 3 i ssu ance of an impor t li cense in accordance wi th the application j hereinaf ter described meets the applicable criteria of the l Comprehensive An ti-Apar theid Ac t of 1986, and specifically, Se c tion { 309 ( a) of the Act: q NRC No. 10-87-004 -- Applica tion by Br aunkohle Tr ansport US A fo r authorization to import up to 1,600 k ilogr ams of. U-235 contained i n 40,000 k ilograms of ur anium of South Af r ican or igin in th e f orm of uranium hexafluoride enriched to a maximum of four p ercen t. This material will be expor ted to the U. S. by Ur enco j facilities in the Netherlands, the Federal Republic of German y i a nd the Un ited Ki ngdom for fa brication in to fuel as semblies by EXXON Nuclear, Richland, Washington. Af ter f abr ication, EXXON -l w ill apply fo r a license to re-expor t th e ma ter ial to the FRG for use in the KRB light water reactor. The Executive Br anch has reviewed the application and concluded that the import would not be contrary to the provisions of the C comprehensive An ti-Apar theid Ac t of 19 86, including Secticn 309(a) of the Act, with the following proviso. The Executive Branch notes that no in formation has been provided by the applicant regarding whether the uranium had been produced, marketed or otherwise e xported by a parastatal or ganization of South Af rica. If a parastatal organization of South Africa produced, mar keted o r o the rwise expor ted the ma ter ial covered by d1is import application, it is the view of the Executive Branch that the import must be pursuant to a contract enter ed into prior to August 15, 19 86 and ) occur by Ap r il 1, 1987. 1 On the basis of the foregoing, th e Ex ecutive Br anch recommends that the license be issued. S incer ely, N6 0-Y! .~. Fred McGoldrick, Acting D epu ty As sistant Se cretary Nuclear Energy & Energy Technology Programs

,, e;,, United States Department of State Washingon. D.C. 20520

  • V BUREAU OF OCEANS AND INTERNATIONAL

'~ ENVIRONMENTAL AND SCIENTIFIC AFFAIRS $3, March 17, 1987 Mr. James R. Shea ~ Di r ec tor of In te r n a t ion al P r og r am s U United States Nuclea: Regula tor y Commission Bethesda, Maryland Z 1~S N In V7005;- D ea r Mr. Sh ea : This letter is in re sponse to th e le tte r from your of fice da ted January 16, 1987, requesting Executive Branch views as t o 4 whether is suance of an import license in accordance wi th the application hereinaf ter described meets the applicable criteri a of the Comprehensive An ti-Apar theid Ac t of 19 86, and l specifically, Section 309 (a) of the Act: ,i NRC No. 10-87-005 -- Application by EXXON Nuclear Company, I Inc. for authorization to import 6,234 kilograms of U-235 c on t a ined in 167,732 k ilogr ams - of ur anium of So uth Af r ican origin in the form of uranium hexafluoride enriched to a maximum of

5. 0 pe rcent. Following impor tation, th e ma ter ial will be conver ted to UO2 and f abr icated into reactor f uel pellets for re-expor t under license XSNM02161 to.the Federal Republic of Germany for incorporation into f ue l a ssemblies by the EX XON plan t at Lingen fo r us e in th e Biblis A and KRB-II-C n uclear power plant s.

The Executive Branch has reviewed the application and concluded that the import would not be contrary to the p revis ion s of the Compr ehens ive An ti-Apar theid Ac t of 19 86, including Section 309 (a) of the Act, with the f ollowing p r ov iso. The Executive Br anch notes that no in f ormation ha s been provided by the applicant regarding whether the uranium h ad been pr oduced, ma rke ted or otherwise exported by a parastatal organization of South Af rica. If a parastata l I o rga nization of So uth Af r ica pr oduced, ma rke ted or otherwise e xpor ted the material covered by this import a ppl ica tio n, it is t he view of the Executive Branch that the import must be pursuant to a contr act entered into prior to August 15, 1986 a nd occur by Apr il 1, 1987. On the basis of the fo r ego ing, the Executive Br anch recommends that the license be issued. S i nc er ely, h(gf h/?.hk ?%. s Fred McGoldrick, Acting Deputy As sis tant Secretary Nuclear Energy & Energy Technology Prog rams

United States Departnient of State ,f h Q Washingon, D.C. 20520 BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTI FIC AFFAIRS .~: March 17, 1987 c3 y g 7g{ Mr. James R. Shea Director of International Pr og ram s 3 United States Nuclear Regulatory Commission 2 R Bethesda, Ma ryla nd

Dear Hr. Shea:

This letter is in re spon se to th e le t te r from your of fice" dated January 16, 1987, requesting Executive Branch views as t o whether is suance of an impor t license in accordance with the application hereinaf ter described meets the applicable criteria of the Compr ehens ive An ti-Apar theid Ac t of 19 86, an d specifically, Section 3 09 (a) of the Act: NRC No. 10 006 -- Applica tion by Edlow International Company for autho rization to impor t 500,000 kilograms o f u ranium or e concentr ate (U 308) of So uth Af rican or igin. Following importation, the material will be converted t o u ran ium he xafluor ide by U. S. conversion companies and enriched either by the Department of Energy or exported to Europe for enrichment. The enriched ur anium produced f r om this material is intended for use as fuel in light water p owe r re actor s in EU RATOM me mber states, Japan, Republic of Korea or Taiwan. l The Executive Br anch ha s reviewed the application and concluded that the import would not be contrary to the provisions of th e Compr ehen sive An ti-Apar theid Ac t of 19 86, including Section 309 (a) of the Act, with the f ollowing proviso. The Executive Br anch notes that no in formation ha s been pr ovided by the applicant regarding whether the uranium ore has been produced, ma rketed or otherwise exported by a parastatal organization of South Af rica. If a pa rastatal' organization of S outh Af rica produced, marketed or otherwise exported the material covered by this import application, it is the view of t he Executive Br anch that th e impor t must be pu rsuant to a con tr act entered into prior to August 15, 1986 and occur by A pr i l 1, 19 87. On th e ba sis of the foregoing, the Executive Br anch recommends that the license be issued. Sincerely, Y Y hl::.. h ?q&. k Fred McGoldrick, Acting D epu ty As sistant Secretary Nuclear Energy & Energy Technology Programs

e 3 :$ ,f United States Department of State . iid i QQl Washington. D.C. 20520__ BUREAU OF OCEANS AND I NTERNATIONA L g ENVIRONMENTAL AND SCIENTIFIC AFFAIRS N I March 17, 1987 Mr. James R. Shea Director of International Program s United States Nuclear Regulatory Commission 7 Bethesda, Maryland g7 y

Dear Hr. Sh ea :

This letter is in re spon se to th e le t te r from your of fice da ted January 16, 1987, requesting Executive Branch views as to whether issuance of an impor t license in accordance wi th th e application hereinaf ter described meets the applicable criteri a ] of the Comprehensive An ti-Apar theid Ac t of 19 86, and-l specifically, Section 309 (a) of the Act: J i NRC No. 10-87-007 -- Application by Edlow. Inter national ] Company for authorization to import 500,000 kilograms o f l natural ur anium of South Af rican or igin, in the form of uranium hex afluoride. Following importation, the mate ria l w ill be en riched by th e De par tment of Energy under. existing i contracts. The enriched uranium produced f rom this material i i s in tended for use as fuel in light water. power reactors in the U.S., EURATOM member states, Japan, Republic of Korea or Ta iwa n. The Executive Br anch ha s re viewed the application'and concluded that the import would not be contrary to the p rov is ions of th e Comprehens ive An ti-Apartheid Ac t of 19 86, including Section 309 (a) of the Act, with the following p rov is o. The Executive Br anch notes that no in f ormation ha s been provided by the applicant regarding whether the uranium i h ad been produced, ma rketed or otherwise expor ted by a l parastatal organization of South Af rica. If a parastata l I o rga nization o f South Af r ica produced, marketed or otherwise ex por t ed the mater ial cove red by this import applica tion, it is t he view of the Executive Br anch that th e impor t mu s t be pu r su ant to a contract entered into prior to August 15, 1986 a nd occur by April 1, 1987. q On the basis of the fo r eg oing, the Ex ecutive Br anch recommends that the license be issued. ) S i nc er e ly, .Ph:(Vlitsd.g Fr ed McGold r ick, Acting D epu ty As s is tant Se c r e t a ry Nuclear Energy & Energy Technology Programs J

s United States Department of State i 2, Q,,} Washington, D.C. 20520 g { BUREAU OF OCEANS AND I INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS g } } March 17, 1987 ~ ) r $y g((] gg (( ] f Mr. James R. Shea Director of International Prog ram s l United States Nu cle a r Re g ula tor y Commi ssion m { B e th e sd a, Ma r yla nd

Dear Mr. Shea:

j ) This letter is in re sponse to th e le t te r from your of fice da t ed January 16, 1987, requesting Executive Branch views as t o j w he t her issuance of an impor t license in accordance wi th th e l application hereinafter described meets the applicable criteri a of the Comprehensive An ti-Apar theid Ac t of 1986, and i specifically, Sec t ion 309 ( a) of the Ac t: j Application by Edlow In t er n a t ional NRC No. IU-87-008 Company f or author ization to import 500,000 kilograms o f u ran ium of So uth Af r ican or igin, in th e form of ur anium hexafluoride, enriched to a maximum of 5 percent. Following i i mpor ta tion, th e ma ter ial will be f a br ica ted in fuel j assemblies by U. S. companies under existing contracts. The f uel as semblies pr oduced fr om th is ma terial ar e intended j for use in light water power reactors in the U.S., EUR ATO M member states, Japan, Republic of Ko rea or Ta iwa n. l I The Executive Branch has reviewed the applicat ion an d c oncluded th a t th e impor t wo uld not be contrary to th e 1 provisions of the Comprehensive Anti-Apar theid Act of 1986, { i ncl uding Section 30 9 (a ) of th e Ac t, with th e following j p r ovi so. The Executive B ranch notes that no information has i been pr ov ided by th e applican t regarding whether the ur anium had been produced, marketed or otherwise expor ted by a par a sta tal or ganization of South Af r ica. If a parastatal organization of South Af r ica produced, mar keted or otherwise e xpo r ted the mater ial cover ed by th is impor t application, it is the view of the Executive Branch that the import must be pursuant to a contr act en ter ed in to pr ior to August 15, 1986 and occur by April 1, 1987. On th e ba sis of th e fo r eg oing, the Executive Br anch recommends that the license be issued. Sincerely, Wh/N MM4 Fred McGold r ick, Acting D epu ty Assis tant Se c r e t a r y Nuclear Energy & Ene rgy Technology Programs

4 4 8 9 i I i l 1 i APPENDIX B I i f k l l 1 r a i 1 l i W 1 I

~ 1 737s Federal Register / Vol. S2, No. 4e / Tuesday. March 10, 1987 / Rules and Regulations an interim rule is published elsewhere in kenoet Final regulations: correction. supptaassufAny seronenAnast his i summary of the Commission's Repo this i: sue of the FederalRegister uAnn in 6e Fedstal Regislar of, and Order. MM Dodat No. as-33a. permitting the teraporary isnportation Fri y, February 27.1987 (52 FR 5963-, adopted February 4.1987, and te sed i bu ee Unkdhtee of Some Afdcan 5964 the VA (Veterans Admmistration) March 3,1087.no full text of uranium ore and oxide for processing adopt d a rule concerning educational Commission decision is availah for and immediate exportation, u bus hom PCC A Act of1 u 100 pu g a e yormstjon. Branch (Room 230).1919 M NW., stat.1oon. as amended by H ) Res. 766. Pub. arrecTiva ATE December 11,1986.. Washington.DC.The com ete text of L. w.est. vo seat. 3s15) pomPURTHE leePORMATION CONTACT: this decianon may also be urchased Product GM-s June C. Sc or(225), Absistant from the Commission's py contractors, I. Uranium Orr and Uranium Ox/de Director for cation Polley and InternationalTranscrip onService. l Program A tration, Vocational (202) 857-3800,2200 treet NW., Suite W categorks uranium m and Rehabilitation Education Service, 140. Washington, DC 7, uranium oxide include the following: Department h hh List of Subjects in CFR Part 73 1.TSUS 80tS7-uranium ore. Veterans Adminia tion,810 Vermont

2. TSUS 422.50-uranium oxide.

Avenue NW Was ton, DC 20420, Radio broadca ing.

11. Coal (202) 233 2002.

This category includes the following-suPet.EMENTARY WFOR Aflosc in 38 PART 73-{ NDED)

1. '! SUS 517.51.

CFR 21.4504(d) the last a ntence should 1.The au rity citation for Part 73

2. TSUS 52L31.

read: A defsult may only rescinded continues t ead as follows: when the VA has been led create the gjf,, default as a result of a mist e of fact or Authority 47 USC.154.303 This category includes the following: law. (38 U.S.C.1796(e)(1)) I 73 [ Amended!

1. Allmerchandise classifiedin Deted: March 4.1987.
2. Se ion 73.202(b), the Table of FM Schedule 3 of the TSUS.
2. Schedule 6: a. TSUS 6961510.

Priscina Carey-Allo ents is amended by adding Sails. Acting Chief. Directives Monogemen Cha el 278A to the entry for Lancaster, Divi0" O

3. Schedule 7:
a. TSUS 700.72-700 80-Footweer with [FR Doc. 87-4994 Filed S-9-87:845 am)

B diey P. Holmes, uppers of fiber. ausuo coot asn s* ief. Policy and Rules Divkion. Mose Medio

b. TSUS 7n2.06-703.16-Headweer.

ureau

c. TSUS 703.80-703.95-Headwear.

N Doc. 87-4940 Filed S.0-87; 8L45 am}

d. TSUS 704.05-704.95---Cloves.

FEDERAL COMMUNICAT10NS ' "8""**** * * '"

e. TSUS 705.8505-705A525-Cloves.

COMMISSION

f. TSUS 706.32-706.41-Luggage, etc.
g. TSUS 706.47-Luggage, etc.

47 CFR Part 73 CFR Part 73

h. 'ISUS 727.82-Cotton pillows.

(MM W No. 9% RMM061

1. TSUS 748.45.-748.55-Wearing

[ Dochet No. 86-287; RMs-5240,5553, appmL Radio Broadcasting Services; 5556

j. TSUS 772.3115-772.31ao-Wearing Lancaater,OH Radio adcasthg Services; Canton, apparel.
k. TSUS 790.57-Toys for pets.

AoENCv:Fe'deral Communicate e Tioga a Utysees, PA

1. TSUS 791.74-Wearing apparel.

Commission.

4. Schedule o of the 75US and the Action: Final rule.

AGENCv: detal Communications Commissio Appendix: All textiles and textile articles suuuARY:This document ocates AcTeosc Fina rule-classified in Schedule a and the Channel 278A to Lancast. Ohio, as the Appendix : icept TSUS number 812.10 community's second loc FM service, at suuuaRY:Thi document substitutes and 813.10. the request of John Car er and Channel 262B1 r Channel 281A at Associates.The Com ission, in Canton. Pennsyl nia, and modifies the Dsted February 13.1967. allocating the chann, also waived license of Station 'KAD-FM to specify R. Richard Newcomb, Director. 0%ce of fereign Assets Ccntrol. (PA buff zone h lie f afth equ t of , lnc. Approved February 28.1987, within Zone 1. as ecuested. Therefore. and allocates Channe 227A to Tioga. Frzncia A. Keating. fl. Channel 278A e n ce allocated in Pennsylvania,at the te uest of Anita L. A ssistant secretary (Enforcement). compliance wi the Commission's Clark. Channel 262B1 ce be allocated mirurnum dis nce separation. to Canton and used at St ion WKAD- [FR Doc. 87-5071 Filed 3 4-87.12.29 pm) requirement without the imposition of a py s present transmitter a in p gyn, o,3,, site restric on. Canadian concurrence in comphance with the Commi sion's the allotrr nt has been received, minimum distance separatio VFT S ADMINISTRATION arrtcTi CATES: April 17,1987; The requirements. Channel 227A c be windo period for filing applications for allocated to Tioga in complianc with 38 CFR Part open April 20.1987, and close on the Commission'a minimum dista ce May 8.1987. separation requirements without site Vat 2rans Eds R>n; ucation Loans ro umTHER iNFoRMATioN CONT ACT: restriction.The request of Donna MDe orm et h Le ie K.Shepiro. Mass Media Bureau. Venetz to allocate a first local FM Ncy: Veterans Administration ( J2) 634-6530. channel to Ulysses. Pennsylvania, wi

Fed:ral Regist:r / Vo}. 52, No. 40 / To:sday, M:rch 10, 1987 / Rubs end R:gulati:ns 7273

3) The financing or funding of any Action: Final rule.

In addition, an interim rule is published d-ct or indirect sale, shipment or elsewhere in this issue of the Federal tra sfer referred to in paragraph (a) 1) suwu ARr.This rule amends the South i or f ) of this section African Transactions Regulations,31 Registar permitting the temporary importation into the United States of 14 The diversion of the proceed from CFR Part 545 ("the Regulations"). to any anssetion desertbed in para raph implement Section 309 of the South African uranium ore and oxide for processing and immediate exportation. (al(1 r(2)of this section to or f r any Comprehensive Anti. Apartheid Act of %ese regulations also contain an i pe so organization. foreign 1986 ("the Act"). Pub. L 99440,100 Stat. Forern sent, or any faction or b dy of 1088, as amended by H.J. Res. 756. Pub. interpretation indicating that U.S.-origin j insurge ts in any foreign count y L 9M31,100 Stat. 3515, and to add an goods imoorted temporarily from South African p'arastatal organizations for mc!udin but not limited to N'.aragua; interpretation relating to Section 303 of (5) Th revision or coordi ation of the Act. Section 309 of the Act, which repair or senicing in the United States I support f persons or entitie engaged became effective at 1291 a.m. Eastem are not goods marketed or otherwise as militar fnsurgents in er .d conflict Standard Time, December 31,1966. exported by a parastatal organization i I we.h the ernment of Ni ragua since prohibits the importation into the United within the meaning of Section 303 of the igs4. States of uranium ore, uranium oxide. Act, and therefore are exempt from the e prohibition of i 545.208. The U.S. (b) The In pendentCo aselIran/ coal, or textiles produced or Customs Service will allow such Contra shall ave jurisdic ion and manufactured in South Africa. The rule importations to be made under bond. authority to 1 estigate o ier allegations also includes a clarifying amendment The Treasury Department is also or evidence ofs iolation f any federal under Section 303 with respect to U.S.- amending the Regulations to reflect cnminallaw b Obver. North, and any origin goods irnported temporarily from pe son or entity ereto re referred to, South African parastatalorganizations approval by the Office of Management l developed duri theI dependent for servicing or repair-and Budget of the information collection Cocnsel's investi atio referred to provisions contained in 5 5 545.603 and trrECTwt DATE: 12:01 a.m. Eastem 545.604 of the Regulations. above, and conne te with or arising out Standard Time. December 31.1986, Since these regulations involde a of that investigate nd to seek except that i 545.426 is effective as of foreign affairs function, the provisions of i ind;ctments and to secute any October 2.1986, and the amendment to the Administrative Procedure Act. 5 pesons or entities volved in any of I 545.901 La effective as of January 27 U.S.C. 553, requiring notice of proposed I the foregoing even r transactions who spay. are reasonably be e >d to have rulemaking, opportunity for public I committed a viol ion if any federal FoR runTNtn reoRuAT>ow courAct: participation, and delay in effective cnminallaw (ot r th, a violation Marilyn 1. Muench. Chief Counsel, date, are inapplicable. Because no constituting a C ss B o C Office of Foreign Assets Control. notice of reposed rulemaking is I misdemeanor, an infr ction, or a Department of the Treasury.1331 G required or this rule, the Regulatory I petty offense) rising ou f such events. Street, NW., Washington. DC 20220 Flexibility Act. 5 U.S C. 601 et seq., does inc3uding pers no or entit ts who have (telephone: 202/3764408). not apply Because these regulations are enpged in a unlawful co spiracy or SUPPLEMENTARY INrCRM AMow: In issued with respect to a foreign affairs ho have al ed or abetted my enmmal Executive Order 12571 of October 27 function of the United States, they are 1988,51 FR 39505 (Oct. 29.1986), the not subject to Executive Order 12291 of ((TheI ependent Coun el Iran / President delegated authority to the February 17,1981, dealing with Federal Contra sh have prosecuto 1 Secretary of the Treasury to implement regulations. junsdictic to initiate and co uct the Act's prohibitions on imports of g prosecuti ns in any court of petent certam products fmm South Afnce. Ust of Subjects in 31 CFR Part 545 g p g nite $t tis ff c on c e r cbr prani anha

s. SouM&a, Teh, 8 of e 2 o the

'jnd we i plemen ed r uan to Code, o any obstruction of the ne p, ma 1fa et t n or a ate nt in 1988, at 51 FR 41906. In addition, the A'et prea ble. 31 CFR Part 5451s amer.ded i viola on of the federalcriminalla is,in contm, ued restrictions on loans to the as ows. cor etion with the investigation South African Covernment, which were aut rized by Part 600 of this chapt likewise implemented in the November PART 545--SOUTH AFRICAN [ ted: March 5,1987. 19,1986 rule. Restrictions on new TRANSACTIONS REGULATIONS N

  • M'* Uk investment in South Africa (including 1.The Authority citation fcr Part 545 loans to the private sector) and a continues to read as follows:

.4.ameyCenerel prohibition on South African ! R Doc. 87-5004 Filed 3-487: a 45 am) Government bank accounts in U.S. Avtboriry: so U.S.C.1701 ei seq.:E O. uma coot ms-nei depository institutions, effective 12532, 50 m 36801. Sept.10,1985: E.O.12535. 50 TR 40325. Oct. 3,1965: Pub. L 9&440,10o [ DEPARTMENT OF THE TREASURY _ November 18,1988, were implemented Stat.1086: Pub L 99-631,100 Stat. 3515: E.O. in a fmal rule published on December 125n,51 FR 39505. Oct. 29.1980. 29,1988, at 51 FR 46853. Office of Foreign Asseta Control Guidelines are published today in a

2. Section 545.2111s added to read as gogg **.

separate notice related to this final rule 31 CFR Part 545 delineating the products subject to the f $45.211 Prohibition on importation of ban on importation into the United South African uranium ore, uranium oxide, South AfricanTransactions States of uranium ore, uranium oxide, coal, and tortues. Regulat6ns textiles, and coal. The U.S. Customs (a) Notwithstanding any other Service will determine whether provision oflaw, no (1 uranium ore, (2) Aumev: Office of Foreign Assets particular merchandise is subject to uranium oxide,(3) coa or (4) textiles i Control. Treasury, exclusion pursuant to these guidelines, that are produced or manufactured in

~ I 7274 rederal Register / Vol. 52, No. 46 / Tuesday. March 10, 1987 / Rules and Regulations South Africa may be imported into the 31 CFR Part 645 Street NW., Washington. DC 20220; tel.: United States. 202/37H406 (b) For purposes of this section, the South AfricanTransactions suermsswfany enconstanoot term "texules" does not include any Regulations Amendments to the Regulations, Ae,ancy: Office of Foreign Assets . Implementing provisions of the Act that article provided for in item 812.10 or i 813.10 of the Tariff Schedules of the became effective on enactment or 45 Control, Treasu United States,19 U.S C.1202 enomInterim uie* days thereafter, were published on November 19,1986 (51 FR 41906) and l 645.203 (Asnendedl ggguagy: fhis rule, effective through December 29,1986 (51 fit 46853). A final I

3. Section 545.203(f)is added to read July 1,1987, amends the South African rule containing amendments as follows:

Transactions Regulations. 31 CFR part implementing section 300 of the Act. l 7 $45 (the " Regulations"), to interpret the effective December 31,1986, is pub!!shed j (f)The effective date of the prohibition on importation of South elsewhere in this issue of the Federal African uranium ore and uranium oxide Register.The amendment published in prohibition in i 545.211 is 12:01 a.m. contained in section 309(s) (1) and (2) of this interim rule interprets the South Eastern Standard Timt, December 31, the Comprehensive Anti. Apartheid Act African uranium ore and oxide 1986 of 1988. Pub. L 99-440,100 Stat.1086, as importation prohibitions in section 300

4. Section 545.425 is added to read as amended by H.J. Res. 756. Pub. L 9M31, of the Act, effective December 31.1986.

fo!! owr,' 100 Stat. 3515 ("the Act"), as if not published as a final rule on or l i l 545.425 Substanual transformouon of implemented in i 545.211 of the before July 1.1987, this interim rule will vranium ore and oHos. Regulations. lapse at midnight on that date. The uranium ore and oxide import Section 309(a)(1)and(2)of the Act Articles such as uranium hexsfluonde. which are produced from prohibition in section 309 of the Act was ($ 545.211 of the Regulations) prohibits uranium ore or uranium oxide and accompanied by certain 6egislative the importation of uranium ore and history, not accepted by all Senators, uranium oxide produced or which the U.S. Customs Service determines to have been substantially indicating a Congressionalintent to manufactured in South Africa, effective transformed outside the United States, permit the temporary importation into December 31,1986. On August 15,1986, I the United States of South African Senate floor debate took place on an are not subject to the import prohibition uranium ore and oxide for processing unsuccessful amendment (No. 2766) to of i 545.211 and immediate exportation. Because of eection att of Senate bill S. 2701 (which

5. Section 545.426is added a read as the uncertainty conceming became section 309 of the Act) to 1

gogg, interpretation of this section, and the remove this ban on uranium ) substantial, irrevocable harm that importation. Congressiono/ Record. I { $45.426 Repelr of U.S.. origin 9oas parties in the United States might suffer Sn851-52 (daily ed., Aug.15,1986). A i caported by South African persstata.s. through a potentially mistaken portion of this debate was not reported ( The temporary return from South prohibition, Treasury has determined to in the daily edition of the Congressiorol Africa to the United States of U.S. orig:-) publish this interim rule. The interim Record, but was later fumished by goods for repair or servicing and re. e aUows temporary importation of Senator McConnell to the Treasury export is not considered an ex ortation uramum ore and uranium oxide subject Department, and by Senetor Lugar to the by a parastatal organization o South t certain conditions. Simultaneously. State De artment,in the form of galley j Africa pursuant to i 545.208 of this part. p sf e anent ditio o th I Section 545.901 is revised to read as d ic co en t e op cs I ows-of section 300 to imports of uranium ore in the course of thi! debate, Senator i n d . processing and McConnell noted the employment I I 545.001 Paperwork Reduction A:t exportation to third countries. impact of the bill on industries which DAtts:This interim rule is effective as import, process and reexport natural The information collection of12:01 a.m. Eastem Standard Time resources from South Africa. Senator requirements in il 545.503, 545.504. (EST). December 31,1986. The interim L ar. Chairman of the Foreign 545.601, and 5g5 602 have been approved rule willlapse at 12:00 a.m. Eastem R ations Committee, responded to this by the Ofhce of Management and Daylight Time, July 1,1987. Commenta concem, stating:"...The billis not Budget (OMB) and have been assigned on the interim rule must be received by designed to have any punitive impact control number 1505-0091. The 5:30 p.m. EST, May 11.1987. except on products which are imported information collection requirements of ADDRES$t$ Comments on this interim into the United States for consumption i 545.807 have been approved by OMB rule should be addressed to Unit SA427. In the United States.1 think economists g[' n oTle ti n Office of Foreign Assets Control, have defm' ed a distinction between 8 qu Department of the Treasury.1331 G temporary imports and imports for of { { 545.603 and 545.604 have been Street, NW, Washington. DC 20220. consumption. It is the latter that we are approved by OMD and assigned control Comments received will be available for targeting when we refer to imports in number 150H098. public inspection on working days this bill." Senator Ford then stated to Deted. February 13.1987. between the hours of 9:30 a.m. and 4:30 Senator Lugar:"... I have had R. Richard Newcomb, p.m. at the Office of Foreign Assets discussions with the leadership on my Director. Cyfice of roteign Assets Control Control.1331 G Street NW., side of the aisle and we share your - Approved. February 26.1987. Washington. DC; tel.: 202/376-0395 interpretation of the bill's intention." Frcncis A. Keating II, FOR FURTHER INFORMATION CONTACT: The interpretation of the section 300 A ssistant Secretary (Enforcement). Marilyn L. Muench. Chief Counsel, uranium import ban contained in the Office of Foreign Assets Control, colloquy among Senators Lugar, [m Doc. a -So72 Tded 3-647;12.29 pm) Department of the Treasury.1331 C McConnell and Ford was disputed by o en,,. ( l t

Federd Regist r / Vol. 52. No. 46 / Tuesday, March 10, 1987 / Rules and Regulations 7275 other Senate members after papsage of function of the United States, they are 31 CFR Part 545 the Act. See, for example, Confessional not subject to Executive Order 12291 of Record, 517319 (daily ed.. Oct. 18.1986). February 17.1981, dealing with Federal South AfricanTransactions Therefore, the Treasury Department has regulations. RegulatlOne-Product Guidelines List of Subjects in 31 CTR Part 545 A Nc Office Foreign Assets nten e se pe of th u m ort ban through publication of this interim Exports, imports, Namibia South rule, and a request for written comments Africa, Uran!um. ".cm N uce chMerpatation. from interested parties by May 11,1987*

SUMMARY

Notice is hereby given that

'ne domestic uranium conversion PART 545-( AMENDED] the guidelines set forth below will be industry and the Federal Government's ennchment industry could be senously 1.The Authority citation for Part 545 used by the U.S. Customs Service of the injured in a manner unintended by the continues to read as follows: Department of the Treasury in detemining which products are subject Congress if the section 309 import ban Authority: 50 U.S C.1701 et seq.; EO. to the ban imposed by section 309 of the on uranium ore and oxide were 12532. 50 TR 36881. Sept 1o.1985: EO.12535. Comprehensive Anti-Apartheid Act of l implemented to bar imports for 50 FR 40325. Oct. 3.1985. Pub. L 99-440.100

  • 988. Pub. L 99-440,100 Stat.1088 ("the processing and export through a Stat.1080; Pub. L 99-431.100 Stat. 3515: EO.

Act"), as amended by H4 Res. 756, Pub. mistaken interpretation of the Act. If 12571. 51 FR 39505. Oct. 29,1988. L 99-631,100 Stat. 3515, on importations imports for processing and reexport

2. Interim 5 545.427 is added to read from South Afdca of uranium ore, were prohibited. foreign electric utilities as follows:

uranium oxide, coal, and textiles. might divert their South African origin ' Section 300 of the Act is implemented in uranium ore and oxide to other i 645.427 Temporary importa in t>ond of the South AfricanTransactions countries, including the Soviet Union, uranium ore and oxide for processing and Regulations ("Reguls tions"). 31 CFR Part for conversion, enrichment, or other exportation. 545, at i 545.211, as set forth in a final processing. Uranium processing is (a) The prohibition is i 545.211 does rule regarding South Afdca that is being norrnally done under long. term contract, not apply to importation in bond of published in conjunction with this so that the trade lost due to an uranium ore or uranium oxide produced

notice, erroneous interpretation of the Act or manufactured in South Africa, when rnscTrVE DATE: 12:01 a.m. Eastern might be foreclosed to the domestic such importation is made solely for Standard Time, December 31,1980.

l industry well into the future. During the processing in the United States and ADDRESSES: Copies of this notice and l l comment period and Treasury exportation of the products of that l consideration of comments received, the processing provided that the following the South African Transactions 2 Treasury Department will preserve the requirements are met: Regulations are available at the Office i reign Assets Control. ES. position of the public and private (1) The importation of the uranium ore l Department of the Treasury,1331 C domestic industry with respect to or oxide has been authorized by license Street NW,. Washington, DC 20220. contracts covering uranium processing issued by the U.S. Nuclear Regulatory for export. Commission (NRC). satisfactory FOR FURTHER INFORMATION CONTACT: Under interim section 545 427, South evidence of which is presented to the Harrison C. Feese or Louis Alfano, U.S. Afncan uranium ore or oxide may be U.S. Customs Senice prior to or at the Customs Service, Office of Commercial imported in bond for processing and time ofimportation: Operations,1301 Constitution Avenue reexport pursuant to item No. 864.05 of (2) The importation is properly " Washington, DC 20229 (telephone: the Tariff Schedules of the United classified under item No. 864.05 of the 202/566-8651b Sta tes, provided that the imported ore or Tariff Schedules of the United States as sVPPt.EMENTARY INFORMATIO9c Section oxide is accompanied by a license for en importation in bond for processing 309 of the Act (Regulations, l 545.211) i importation issued by the Nuclear and reexport; and prohibits the importation of uranium ore, Regulatory Commission (the "NRC"). l (3)If the uranium ore or oxide was uranium oxide, coal, and textiles See 10 CFR 110.27(b)(2), $1 FR 47207 l (Dec. 31,1986). In the case of uranium produced, marketed or otherwise produced or manufactured in South I Africa. A final rule implementing section ore or oxide produced, marketed, or [*,p]t e(a ara ata ors 300 f the Act, as delegated to the ,{ p 9n otherwise exported by a parastatal organization of South Africe., the pursuant to a contract entered into prior Secretary of the Treasury pursuant to ' ^u s 15,1 , and occurs no later F.xecutive Order 12571 of October 27, l l importation must be puisuant to a [n 1988,51 FR 39505 (Oct. 29,1986), is contract entered into prior to August 15, p published elsewhere in this issue of the 1986, and occur by Aprill,1987. See 31 (b) This interim rule shalllapse at Federal Register.This notice is CFR 545.208(a)(2),51 FR 41907 (Nov.19, midnight on July 1,1987, except with published in conjunction with that final gggg), respect to importations made prior to rule to inform interested persons of the Since these regulations involve a that time pursuant to this interim rule, guidelines to be employed by the U.S. foreign affairs function, the provisions of which shall continue to be subject to its Customs Service in determining which the Administrative Procedure Act.5 requirements. products are subject to the ban of I U.S.C. 553, requiring notice of proposed Da ted. February 13.1987. section 309. The guidelines are drawn rulemaking. opportunity for public R. Richard Newcomb, from the Tariff Schedules of the United participation, and delay in effective Director O/Tice ofroreign Assets control States ("TSUS"),19 U.S.C.1202, and I date, are mapplicable. Because no include the appropriate TSUS numbers APPM Febmary 26,1987. I notice of proposed rulemaking is for each prohibited item, persons with required for this rule, the Regulatory Francis A. Keating. II' questions concerning product I' Flexibility Act,5 t'.S.C. 601 et seq., does A ssistant Secref ary (Enforcement). classifications should contact the local not apply. Because these regulations are [FR Doc. 87-5073 Filed M47; 12.29 pm) U.S. Customs Service district office or l Issued with respect to a foreign affairs owwo cox 4m rs-w the office indicated above. In addition, i i j. -}}

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