Addition of Certain Persons to the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States, 7358-7361 [2010-3278]
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Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 100115025–0032–01]
RIN 0694–AE84
Addition of Certain Persons to the
Entity List: Addition of Persons Acting
Contrary to the National Security or
Foreign Policy Interests of the United
States
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AGENCY: Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
SUMMARY: This rule amends the Export
Administration Regulations (EAR) by
adding ten additional persons located in
Hong Kong and Taiwan to the Entity
List (Supplement No. 4 to Part 744) on
the basis of Section 744.11 of the EAR.
These persons that are added to the
Entity List have been determined by the
U.S. Government to be acting contrary
to the national security or foreign policy
interests of the United States.
The Entity List provides notice to the
public that certain exports, reexports,
and transfers (in-country) to parties
identified on the Entity List require a
license from the Bureau of Industry and
Security (BIS) and that availability of
license exceptions in such transactions
is limited.
DATES: Effective Date: This rule is
effective February 19, 2010. Although
there is no formal comment period,
public comments on this regulation are
welcome on a continuing basis.
ADDRESSES: You may submit comments,
identified by RIN 0694–AE84, by any of
the following methods:
E-mail: publiccomments@bis.doc.gov.
Include ‘‘RIN 0694–AE84’’ in the subject
line of the message.
Fax: (202) 482–3355. Please alert the
Regulatory Policy Division, by calling
(202) 482–2440, if you are faxing
comments.
Mail or Hand Delivery/Courier:
Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and
Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW.,
Room 2705, Washington, DC 20230,
Attn: RIN 0694–AE84. Send comments
regarding the collection of information
associated with this rule, including
suggestions for reducing the burden, to
Jasmeet K. Seehra, Office of
Management and Budget (OMB), by
e-mail to
Jasmeet_K._Seehra@omb.eop.gov, or by
fax to (202) 395–7285; and to the
Regulatory Policy Division, Bureau of
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16:08 Feb 18, 2010
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Industry and Security, Department of
Commerce, 14th St. & Pennsylvania
Avenue, NW., Room 2705, Washington,
DC 20230. Comments on this collection
of information should be submitted
separately from comments on the final
rule (i.e. RIN 0694–AE84)—all
comments on the latter should be
submitted by one of the three methods
outlined above.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Scott Sangine, Acting
Chairman, End-User Review Committee,
Office of the Assistant Secretary, Export
Administration, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–3343, Fax: (202) 482–
3911, e-mail: bscott@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Entity List provides notice to the
public that certain exports, reexports,
and transfers (in-country) to parties
identified on the Entity List require a
license from the Bureau of Industry and
Security (BIS) and that availability of
license exceptions in such transactions
is limited. Persons are placed on the
Entity List on the basis of criteria set
forth in certain sections of part 744
(Control Policy: End-User and End-Use
Based) of the EAR.
The End-User Review Committee
(ERC), composed of representatives of
the Departments of Commerce (Chair),
State, Defense, Energy and, where
appropriate, the Treasury, makes all
decisions regarding additions to,
removals from or changes to the Entity
List. The ERC makes all decisions to add
an entry to the Entity List by majority
vote and all decisions to remove or
modify an entry by unanimous vote.
ERC Entity List Decisions
The ERC made a determination to add
ten persons to the Entity List on the
basis of § 744.11 (License Requirements
That Apply to Entities Acting Contrary
to the National Security or Foreign
Policy Interests of the United States) of
the EAR. The ten entries added to the
Entity List consist of six persons in
Hong Kong and four persons in Taiwan.
The ERC reviewed § 744.11(b)
(Criteria for revising the Entity List) in
making the determination to add these
persons to the Entity List. Under that
paragraph, entities for which there is
reasonable cause to believe, based on
specific and articulable facts, that have
been involved, are involved, or pose a
significant risk of being or becoming
involved in activities that are contrary
to the national security or foreign policy
interests of the United States and those
acting on behalf of such entities may be
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added to the Entity List pursuant to
§ 744.11. Paragraphs (b)(1)–(b)(5)
include an illustrative list of activities
that could be contrary to the national
security or foreign policy interests of the
United States. The persons being added
to the Entity List under this rule have
been determined by the ERC to be
involved in activities that could be
contrary to the national security or
foreign policy interests of the United
States.
Additions to the Entity List
This rule implements the decision of
the ERC to add ten persons to the Entity
List on the basis of § 744.11 of the EAR.
For all of the ten persons added to the
Entity List, the ERC specifies a license
requirement for all items subject to the
EAR and establishes a license
application review policy of a
presumption of denial. The license
requirement applies to any transaction
in which items are to be exported,
reexported or transferred (in-country) to
such persons or in which such persons
act as purchaser, intermediate
consignee, ultimate consignee, or enduser. In addition, no license exceptions
are available for shipments to those
persons being added to the Entity List.
Specifically, this rule adds the
following ten persons to the Entity List:
Hong Kong
(1) ACTeam Logistics Ltd., Unit B1–
B3, 21/F, Block B, Kong Nam Industrial
Building, 603–609 Castle Peak Road,
Tsuen Wan, N.T., Hong Kong;
(2) Dick Kuo, Room 9–11, 5/F, Block
B, Hoplite Industrial Centre, 3–5 Wang
Tai Road, Kowloon, Hong Kong;
(3) Dick Leung, GF Seapower
Industrial Building 177, Hoi Bun Road,
Kowloon, Hong Kong;
(4) Joe Shih, Room 9–11, 5/F, Block B,
Hoplite Industrial Centre, 3–5 Wang Tai
Road, Kowloon, Hong Kong;
(5) Signet Express Co., Ltd., Room 9–
11, 5/F, Block B, Hoplite Industrial
Centre, 3–5 Wang Tai Road, Kowloon,
Hong Kong; and
(6) Tex-Co Logistics Ltd., GF
Seapower Industrial Building 177, Hoi
Bun Road, Kowloon, Hong Kong, and
Room 2202, 22F, Causeway Bay Plaza 1,
489 Hennessey Road, Causeway Bay,
Hong Kong, and Room B03, 6/F, Cheong
Wah Factory Building, 39–41 Sheung
Heung Road, Tokwawan, Kowloon,
Hong Kong.
Taiwan
(1) Christine Sun, 7th Floor, Number
17, Zhonghua Rd., Sec 2, Xinzhuang
City, Taipei, Taiwan;
(2) In-Tech Company, a.k.a., In-Tech
Telecom, Number 15, Lane 347,
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Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations
Jhongjheng Road, Sinjihuang City,
Taipei, Taiwan, and 7th Floor, Number
17, Zhonghua Rd., Sec 2, Xinzhuang
City, Taipei, Taiwan;
(3) Landstar Tech Company Ltd., 13/
F, Number 181, Sec 1, Datong Rd.,
Sijhih City, Taipei, Taiwan; and
(4) Yi-Lan Chen, a.k.a., Kevin Chen,
13/F, Number 181, Sec 1, Datong Rd.,
Sijhih City, Taipei, Taiwan, and 7th
Floor, Number 17, Zhonghua Rd., Sec 2,
Xinzhuang City, Taipei, Taiwan.
A BIS license is required for the
export, reexport or transfer (in-country)
of any item subject to the EAR to any
of the persons listed above, including
any transaction in which any of the
listed persons will act as purchaser,
intermediate consignee, ultimate
consignee, or end-user of the items. This
listing of these persons also prohibits
the use of license exceptions (see part
740 of the EAR) for exports, reexports
and transfers (in-country) of items
subject to the EAR involving such
persons.
Savings Clause
Shipments of items removed from
eligibility for a License Exception or
export or reexport without a license
(NLR) as a result of this regulatory
action that were on dock for loading, on
lighter, laden aboard an exporting or
reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on
February 19, 2010, pursuant to actual
orders for export or reexport to a foreign
destination, may proceed to that
destination under the previous
eligibility for a License Exception or
export or reexport without a license
(NLR) so long as they are exported or
reexported before March 22, 2010. Any
such items not actually exported or
reexported before midnight, on March
22, 2010, require a license in accordance
with this rule.
Although the Export Administration
Act expired on August 20, 2001, the
President, through Executive Order
Country
*
HONG KONG
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13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as extended by the
Notice of August 13, 2009, 74 FR 41325
(August 14, 2009), has continued the
Export Administration Regulations in
effect under the International
Emergency Economic Powers Act.
Rulemaking Requirements
1. This rule has been determined to be
not significant for purposes of Executive
Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to nor be subject to a penalty
for failure to comply with a collection
of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This regulation
involves collections previously
approved by the OMB under control
numbers 0694–0088, ‘‘Multi-Purpose
Application,’’ which carries a burden
hour estimate of 58 minutes to prepare
and submit form BIS–748.
Miscellaneous and recordkeeping
activities account for 12 minutes per
submission. Total burden hours
associated with the Paperwork
Reduction Act and Office and
Management and Budget control
number 0694–0088 are expected to
increase slightly as a result of this rule.
3. This rule does not contain policies
with Federalism implications as that
term is defined in 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 or foreign
affairs function of the United States.
(See 5 U.S.C. 553(a)(1)). Further, no
other law requires that a notice of
Entity
*
*
ACTeam Logistics Ltd., Unit
B1–B3, 21/F, Block B, Kong
Nam Industrial Building,
603–609 Castle Peak
Road, Tsuen Wan, N.T.,
Hong Kong.
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Exports, Reporting and recordkeeping
requirements, Terrorism.
■ 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; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
786; Notice of August 13, 2009, 74 FR 41325
(August 14, 2009); Notice of November 6,
2009, 74 FR 58187 (November 10, 2009).
2. Supplement No. 4 to part 744 is
amended:
■ a. By adding under Hong Kong, in
alphabetical order, six Hong Kong
entities; and
■ b. By adding, in alphabetical order,
the destination of Taiwan under the
Country column and four Taiwanese
entities;
The additions read as follows:
■
Supplement No. 4 to Part 744—Entity
List
Federal Register citation
*
*
*
For all items subject to the
EAR. (See § 744.11 of the
EAR).
PO 00000
List of Subjects in 15 CFR Part 744
License
review policy
License requirement
*
proposed rulemaking and an
opportunity for public comment be
given for this rule. Because a notice of
proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule by 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.
*
*
*
*
*
Presumption of denial ............ 75 FR [INSERT FR PAGE
NUMBER], 2/19/10.
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Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations
Country
*
Entity
License
review policy
License requirement
Federal Register citation
*
*
*
Dick Kuo, Room 9–11, 5/F,
For all items subject to the
Block B, Hoplite Industrial
EAR. (See § 744.11 of the
Centre, 3–5 Wang Tai
EAR).
Road, Kowloon, Hong Kong.
Dick Leung, GF Seapower In- For all items subject to the
dustrial Building 177, Hoi
EAR. (See § 744.11 of the
Bun Road, Kowloon, Hong
EAR).
Kong.
*
*
*
Presumption of denial ............ 75 [INSERT FR PAGE NUMBER], 2/19/10.
*
*
*
*
Joe Shih, Room 9–11, 5/F,
For all items subject to the
Block B, Hoplite Industrial
EAR. (See § 744.11 of the
Centre, 3–5 Wang Tai
EAR).
Road, Kowloon, Hong Kong.
*
*
*
Presumption of denial ............ 75 FR [INSERT FR PAGE
NUMBER], 2/19/10.
*
*
Signet Express Co., Ltd.,
Room 9–11, 5/F, Block B,
Hoplite Industrial Centre, 3–
5 Wang Tai Road,
Kowloon, Hong Kong.
*
*
For all items subject to the
EAR. (See § 744.11 of the
EAR).
*
*
*
Presumption of denial ............ 75 FR [INSERT FR PAGE
NUMBER], 2/19/10.
*
*
Tex-Co Logistics Ltd., GF
Seapower Industrial Building 177, Hoi Bun Road,
Kowloon, Hong Kong, and
Room 2202, 22F, Causeway Bay Plaza 1, 489
Hennessey Road, Causeway Bay, Hong Kong, and
Room B03, 6/F, Cheong
Wah Factory Building, 39–
41 Sheung Heung Road,
Tokwawan, Kowloon, Hong
Kong.
*
*
For all items subject to the
EAR. (See § 744.11 of the
EAR).
*
*
*
Presumption of denial ............ 75 FR [INSERT FR PAGE
NUMBER], 2/19/10.
*
Christine Sun, 7th Floor,
Number 17, Zhonghua Rd.,
Sec 2, Xinzhuang City, Taipei, Taiwan.
In-Tech Company, a.k.a., InTech Telecom, Number 15,
Lane 347, Jhongjheng
Road, Sinjihuang City, Taipei, Taiwan, and 7th Floor,
Number 17, Zhonghua Rd.,
Sec 2, Xinzhuang City, Taipei, Taiwan.
Landstar Tech Company Ltd.,
13/F, Number 181, Sec 1,
Datong Rd., Sijhih City, Taipei, Taiwan.
Yi-Lan Chen, a.k.a., Kevin
Chen, 13/F, Number 181,
Sec 1, Datong Rd., Sijhih
City, Taipei, Taiwan, and
7th Floor, Number 17,
Zhonghua Rd., Sec 2,
Xinzhuang City, Taipei, Taiwan.
*
*
For all items subject to the
EAR. (See § 744.11 of the
EAR).
*
*
*
Presumption of denial ............ 75 FR [INSERT FR PAGE
NUMBER], 2/19/10.
For all items subject to the
EAR. (See § 744.11 of the
EAR).
Presumption of denial ............
75 FR [INSERT FR PAGE
NUMBER], 2/19/10.
For all items subject to the
EAR. (See § 744.11 of the
EAR).
Presumption of denial ............
75 FR [INSERT FR PAGE
NUMBER], 2/19/10.
For all items subject to the
EAR. (See § 744.11 of the
EAR).
Presumption of denial ............
75 FR [INSERT FR PAGE
NUMBER], 2/19/10.
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TAIWAN ........
*
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Presumption of denial ............
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75 FR [INSERT FR PAGE
NUMBER], 2/19/10.
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Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations
Dated: February 3, 2010.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
February 22, 2010. This document
corrects the effective date to read as
follows:
DATES: This final rule is effective April
21, 2010.
[FR Doc. 2010–3278 Filed 2–18–10; 8:45 am]
Authority: 16 U.S.C. 5501 et seq; 16 U.S.C.
6901 et seq.
BILLING CODE 3510–33–P
Dated: February 12, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[FR Doc. 2010–3277 Filed 2–18–10; 8:45 am]
15 CFR Part 902
BILLING CODE 3510–22–S
50 CFR Part 300
[Docket No. 070717350–9936–02]
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Initial
Implementation of the Western and
Central Pacific Fisheries Convention;
Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
srobinson on DSKHWCL6B1PROD with RULES
AGENCY:
SUMMARY: This action corrects the
effective date of final regulations
published in the Federal Register on
January 21, 2010, from February 22,
2010, to April 21, 2010. The rule
establishes regulations needed to carry
out the obligations of the United States
under the Convention on the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(Convention). The regulations include
requirements related to permitting,
vessel monitoring systems, vessel
observers, vessel markings, reporting
and recordkeeping, at-sea
transshipment, and boarding and
inspection on the high seas, among
others. The rule will have the effect of
requiring that all relevant U.S. fishing
vessels are operated in conformance
with the provisions of the Convention.
DATES: The effective date of the final
regulations published in the Federal
Register on January 21, 2010, at 75 FR
3335, is April 21, 2010.
FOR FURTHER INFORMATION CONTACT: Tom
Graham, NMFS Pacific Islands Region,
808–944–2219.
SUPPLEMENTARY INFORMATION:
Need for Correction
In the document published January
21, 2010 (75 FR 3335), under the DATES
section, the effective date of the final
rule was erroneously stated as being
16:08 Feb 18, 2010
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DATES: Effective Date: These regulations
are effective on March 22, 2010.
ADDRESSES: Copies of the environmental
assessment and the socio-economic
study described in this rule are available
upon request to Gray’s Reef National
Marine Sanctuary, 10 Ocean Science
Circle, Savannah, GA 31411, Attn: Dr.
George Sedberry, Superintendent. These
documents can also be viewed on the
Web and downloaded at https://
graysreef.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Stewardship Coordinator Becky
Shortland at (912) 598–2381.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
RIN 0648–AV63
VerDate Nov<24>2008
7361
I. Background
National Oceanic and Atmospheric
Administration
A. Gray’s Reef National Marine
Sanctuary
GRNMS was designated as the
nation’s fourth national marine
sanctuary in 1981 for the purposes of
protecting the quality of its unique and
fragile ecological community; promoting
scientific understanding of the live
bottom ecosystem; and enhancing
public awareness and wise use of this
significant regional resource. GRNMS
protects 16.68 square nautical miles of
open ocean and submerged lands of
particularly dense and nearshore
patches of productive live bottom
habitat. The sanctuary is influenced by
complex ocean currents and serves as a
mixing zone for temperate (colder
water) and sub-tropical species. The
series of rock ledges and sand expanses
has produced a complex habitat of
caves, burrows, troughs, and overhangs
that provide a solid base upon which a
rich carpet of temperate and tropical
marine flora and fauna attach and grow.
This flourishing ecosystem attracts
mackerel, grouper, black sea bass,
angelfish, and a host of other fishes. An
estimated 180 species of fish,
encompassing a wide variety of sizes,
forms, and ecological roles, have been
recorded at GRNMS. Loggerhead sea
turtles, a threatened species, use
GRNMS year-round for foraging and
resting, and the highly endangered
northern right whale is occasionally
seen in Gray’s Reef. GRNMS is one of
the most popular sportfishing areas
along the Georgia coast.
15 CFR Part 922
[Docket No. 090122043–0025–02]
RIN 0648–AX37
Gray’s Reef National Marine Sanctuary
Regulations on the Use of Spearfishing
Gear
AGENCY: Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Final rule.
SUMMARY: The National Oceanic and
Atmospheric Administration (NOAA) is
issuing a final rule to prohibit the use
of spearfishing gear in Gray’s Reef
National Marine Sanctuary (GRNMS or
sanctuary). Possession of spearfishing
gear is also prohibited except for vessels
passing through the sanctuary without
interruption, and only when the gear is
stowed and not available for immediate
use. Spearfishing can selectively target
larger fish, and can significantly reduce
abundance and alter the relative size
structure of target species toward
smaller fish. In addition, spearfishing
can impact ecosystem health by altering
the composition of the overall natural
communities of species. The largest fish
are important as predators in
maintaining a balanced and complete
ecosystem; their selective removal may
cause ecological imbalance. Therefore,
the prohibition provides protection to
the fishes and natural live-bottom
community for which the sanctuary was
designated. The final rule also facilitates
enforcement of an existing prohibition
against the use of powerheads within
the sanctuary. An environmental
assessment has been prepared for this
proposed action.
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B. Need for Action
This regulation is being promulgated
for two reasons. First, the action
provides greater protection to sanctuary
resources by removing a gear type that
can be used to selectively target larger
fish, and can thereby negatively alter the
size structure of fish populations. While
the number of recreational divers
spearfishing at GRNMS appears to be
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]]>Agencies
[Federal Register Volume 75, Number 33 (Friday, February 19, 2010)]
[Rules and Regulations]
[Pages 7358-7361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3278]
[[Page 7358]]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 100115025-0032-01]
RIN 0694-AE84
Addition of Certain Persons to the Entity List: Addition of
Persons Acting Contrary to the National Security or Foreign Policy
Interests of the United States
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Export Administration Regulations (EAR)
by adding ten additional persons located in Hong Kong and Taiwan to the
Entity List (Supplement No. 4 to Part 744) on the basis of Section
744.11 of the EAR. These persons that are added to the Entity List have
been determined by the U.S. Government to be acting contrary to the
national security or foreign policy interests of the United States.
The Entity List provides notice to the public that certain exports,
reexports, and transfers (in-country) to parties identified on the
Entity List require a license from the Bureau of Industry and Security
(BIS) and that availability of license exceptions in such transactions
is limited.
DATES: Effective Date: This rule is effective February 19, 2010.
Although there is no formal comment period, public comments on this
regulation are welcome on a continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AE84, by any
of the following methods:
E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-AE84'' in
the subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy Division,
by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230,
Attn: RIN 0694-AE84. Send comments regarding the collection of
information associated with this rule, including suggestions for
reducing the burden, to Jasmeet K. Seehra, Office of Management and
Budget (OMB), by e-mail to Jasmeet_K._Seehra@omb.eop.gov, or by fax
to (202) 395-7285; and to the Regulatory Policy Division, Bureau of
Industry and Security, Department of Commerce, 14th St. & Pennsylvania
Avenue, NW., Room 2705, Washington, DC 20230. Comments on this
collection of information should be submitted separately from comments
on the final rule (i.e. RIN 0694-AE84)--all comments on the latter
should be submitted by one of the three methods outlined above.
FOR FURTHER INFORMATION CONTACT: Elizabeth Scott Sangine, Acting
Chairman, End-User Review Committee, Office of the Assistant Secretary,
Export Administration, Bureau of Industry and Security, Department of
Commerce, Phone: (202) 482-3343, Fax: (202) 482-3911, e-mail:
bscott@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Entity List provides notice to the public that certain exports,
reexports, and transfers (in-country) to parties identified on the
Entity List require a license from the Bureau of Industry and Security
(BIS) and that availability of license exceptions in such transactions
is limited. Persons are placed on the Entity List on the basis of
criteria set forth in certain sections of part 744 (Control Policy:
End-User and End-Use Based) of the EAR.
The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions regarding additions to,
removals from or changes to the Entity List. The ERC makes all
decisions to add an entry to the Entity List by majority vote and all
decisions to remove or modify an entry by unanimous vote.
ERC Entity List Decisions
The ERC made a determination to add ten persons to the Entity List
on the basis of Sec. 744.11 (License Requirements That Apply to
Entities Acting Contrary to the National Security or Foreign Policy
Interests of the United States) of the EAR. The ten entries added to
the Entity List consist of six persons in Hong Kong and four persons in
Taiwan.
The ERC reviewed Sec. 744.11(b) (Criteria for revising the Entity
List) in making the determination to add these persons to the Entity
List. Under that paragraph, entities for which there is reasonable
cause to believe, based on specific and articulable facts, that have
been involved, are involved, or pose a significant risk of being or
becoming involved in activities that are contrary to the national
security or foreign policy interests of the United States and those
acting on behalf of such entities may be added to the Entity List
pursuant to Sec. 744.11. Paragraphs (b)(1)-(b)(5) include an
illustrative list of activities that could be contrary to the national
security or foreign policy interests of the United States. The persons
being added to the Entity List under this rule have been determined by
the ERC to be involved in activities that could be contrary to the
national security or foreign policy interests of the United States.
Additions to the Entity List
This rule implements the decision of the ERC to add ten persons to
the Entity List on the basis of Sec. 744.11 of the EAR. For all of the
ten persons added to the Entity List, the ERC specifies a license
requirement for all items subject to the EAR and establishes a license
application review policy of a presumption of denial. The license
requirement applies to any transaction in which items are to be
exported, reexported or transferred (in-country) to such persons or in
which such persons act as purchaser, intermediate consignee, ultimate
consignee, or end-user. In addition, no license exceptions are
available for shipments to those persons being added to the Entity
List.
Specifically, this rule adds the following ten persons to the
Entity List:
Hong Kong
(1) ACTeam Logistics Ltd., Unit B1-B3, 21/F, Block B, Kong Nam
Industrial Building, 603-609 Castle Peak Road, Tsuen Wan, N.T., Hong
Kong;
(2) Dick Kuo, Room 9-11, 5/F, Block B, Hoplite Industrial Centre,
3-5 Wang Tai Road, Kowloon, Hong Kong;
(3) Dick Leung, GF Seapower Industrial Building 177, Hoi Bun Road,
Kowloon, Hong Kong;
(4) Joe Shih, Room 9-11, 5/F, Block B, Hoplite Industrial Centre,
3-5 Wang Tai Road, Kowloon, Hong Kong;
(5) Signet Express Co., Ltd., Room 9-11, 5/F, Block B, Hoplite
Industrial Centre, 3-5 Wang Tai Road, Kowloon, Hong Kong; and
(6) Tex-Co Logistics Ltd., GF Seapower Industrial Building 177, Hoi
Bun Road, Kowloon, Hong Kong, and Room 2202, 22F, Causeway Bay Plaza 1,
489 Hennessey Road, Causeway Bay, Hong Kong, and Room B03, 6/F, Cheong
Wah Factory Building, 39-41 Sheung Heung Road, Tokwawan, Kowloon, Hong
Kong.
Taiwan
(1) Christine Sun, 7th Floor, Number 17, Zhonghua Rd., Sec 2,
Xinzhuang City, Taipei, Taiwan;
(2) In-Tech Company, a.k.a., In-Tech Telecom, Number 15, Lane 347,
[[Page 7359]]
Jhongjheng Road, Sinjihuang City, Taipei, Taiwan, and 7th Floor, Number
17, Zhonghua Rd., Sec 2, Xinzhuang City, Taipei, Taiwan;
(3) Landstar Tech Company Ltd., 13/F, Number 181, Sec 1, Datong
Rd., Sijhih City, Taipei, Taiwan; and
(4) Yi-Lan Chen, a.k.a., Kevin Chen, 13/F, Number 181, Sec 1,
Datong Rd., Sijhih City, Taipei, Taiwan, and 7th Floor, Number 17,
Zhonghua Rd., Sec 2, Xinzhuang City, Taipei, Taiwan.
A BIS license is required for the export, reexport or transfer (in-
country) of any item subject to the EAR to any of the persons listed
above, including any transaction in which any of the listed persons
will act as purchaser, intermediate consignee, ultimate consignee, or
end-user of the items. This listing of these persons also prohibits the
use of license exceptions (see part 740 of the EAR) for exports,
reexports and transfers (in-country) of items subject to the EAR
involving such persons.
Savings Clause
Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were on dock for loading, on lighter, laden
aboard an exporting or reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on February 19, 2010, pursuant
to actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previous eligibility for a
License Exception or export or reexport without a license (NLR) so long
as they are exported or reexported before March 22, 2010. Any such
items not actually exported or reexported before midnight, on March 22,
2010, require a license in accordance with this rule.
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 13,
2009, 74 FR 41325 (August 14, 2009), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act.
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. Total burden hours associated with the Paperwork Reduction
Act and Office and Management and Budget control number 0694-0088 are
expected to increase slightly as a result of this rule.
3. This rule does not contain policies with Federalism implications
as that term is defined in 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 or 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 rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule by 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.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
0
Accordingly, part 744 of the Export Administration Regulations (15 CFR
parts 730-774) is amended as follows:
PART 744--[AMENDED]
0
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; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of August 13, 2009, 74 FR 41325
(August 14, 2009); Notice of November 6, 2009, 74 FR 58187 (November
10, 2009).
0
2. Supplement No. 4 to part 744 is amended:
0
a. By adding under Hong Kong, in alphabetical order, six Hong Kong
entities; and
0
b. By adding, in alphabetical order, the destination of Taiwan under
the Country column and four Taiwanese entities;
The additions read as follows:
Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
License review Federal Register
Country Entity License requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
HONG KONG
* * * * * * *
ACTeam Logistics For all items subject Presumption of 75 FR [INSERT FR
Ltd., Unit B1-B3, 21/ to the EAR. (See denial. PAGE NUMBER], 2/19/
F, Block B, Kong Nam Sec. 744.11 of the 10.
Industrial Building, EAR).
603-609 Castle Peak
Road, Tsuen Wan,
N.T., Hong Kong.
[[Page 7360]]
* * * * * * *
Dick Kuo, Room 9-11, For all items subject Presumption of 75 [INSERT FR PAGE
5/F, Block B, to the EAR. (See denial. NUMBER], 2/19/10.
Hoplite Industrial Sec. 744.11 of the
Centre, 3-5 Wang Tai EAR).
Road, Kowloon, Hong
Kong.
Dick Leung, GF For all items subject Presumption of 75 FR [INSERT FR
Seapower Industrial to the EAR. (See denial. PAGE NUMBER], 2/19/
Building 177, Hoi Sec. 744.11 of the 10.
Bun Road, Kowloon, EAR).
Hong Kong.
* * * * * * *
Joe Shih, Room 9-11, For all items subject Presumption of 75 FR [INSERT FR
5/F, Block B, to the EAR. (See denial. PAGE NUMBER], 2/19/
Hoplite Industrial Sec. 744.11 of the 10.
Centre, 3-5 Wang Tai EAR).
Road, Kowloon, Hong
Kong.
* * * * * * *
Signet Express Co., For all items subject Presumption of 75 FR [INSERT FR
Ltd., Room 9-11, 5/ to the EAR. (See denial. PAGE NUMBER], 2/19/
F, Block B, Hoplite Sec. 744.11 of the 10.
Industrial Centre, 3- EAR).
5 Wang Tai Road,
Kowloon, Hong Kong.
* * * * * * *
Tex-Co Logistics For all items subject Presumption of 75 FR [INSERT FR
Ltd., GF Seapower to the EAR. (See denial. PAGE NUMBER], 2/19/
Industrial Building Sec. 744.11 of the 10.
177, Hoi Bun Road, EAR).
Kowloon, Hong Kong,
and Room 2202, 22F,
Causeway Bay Plaza
1, 489 Hennessey
Road, Causeway Bay,
Hong Kong, and Room
B03, 6/F, Cheong Wah
Factory Building, 39-
41 Sheung Heung
Road, Tokwawan,
Kowloon, Hong Kong.
* * * * * * *
TAIWAN................ Christine Sun, 7th For all items subject Presumption of 75 FR [INSERT FR
Floor, Number 17, to the EAR. (See denial. PAGE NUMBER], 2/19/
Zhonghua Rd., Sec 2, Sec. 744.11 of the 10.
Xinzhuang City, EAR).
Taipei, Taiwan.
In-Tech Company, For all items subject Presumption of 75 FR [INSERT FR
a.k.a., In-Tech to the EAR. (See denial. PAGE NUMBER], 2/19/
Telecom, Number 15, Sec. 744.11 of the 10.
Lane 347, Jhongjheng EAR).
Road, Sinjihuang
City, Taipei,
Taiwan, and 7th
Floor, Number 17,
Zhonghua Rd., Sec 2,
Xinzhuang City,
Taipei, Taiwan.
Landstar Tech Company For all items subject Presumption of 75 FR [INSERT FR
Ltd., 13/F, Number to the EAR. (See denial. PAGE NUMBER], 2/19/
181, Sec 1, Datong Sec. 744.11 of the 10.
Rd., Sijhih City, EAR).
Taipei, Taiwan.
Yi-Lan Chen, a.k.a., For all items subject Presumption of 75 FR [INSERT FR
Kevin Chen, 13/F, to the EAR. (See denial. PAGE NUMBER], 2/19/
Number 181, Sec 1, Sec. 744.11 of the 10.
Datong Rd., Sijhih EAR).
City, Taipei,
Taiwan, and 7th
Floor, Number 17,
Zhonghua Rd., Sec 2,
Xinzhuang City,
Taipei, Taiwan.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 7361]]
Dated: February 3, 2010.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2010-3278 Filed 2-18-10; 8:45 am]
BILLING CODE 3510-33-P
