Addition and Removal of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States; Removal of Person Based on Removal Request, 36516-36522 [2010-15447]
Download as PDF
<![CDATA[
36516
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
The list of items controlled is contained in
the ECCN heading.
19. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security,’’ Part 1
Telecommunications, Export Control
Classification Number (ECCN) 5A001 is
amended by revising the Technical
Notes (2) to paragraph (b)(6) of the
‘‘items’’ paragraph in List of Items
Controlled section, to read as follows:
■
5A001 Telecommunications systems,
equipment, components and accessories,
as follows (see List of Items Controlled).
*
*
*
*
*
*
*
*
*
b.6. * * *
Technical Notes:
1. * * *
2. For the purpose of 5A001.b.6, ‘voice
coding’ is defined as the technique to take
samples of human voice and then convert
these samples of human voice into a digital
signal taking into account specific
characteristics of human speech.
*
*
*
*
*
20. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7A008 is amended by revising the
License Exceptions section, to read as
follows:
■
7A008 Underwater sonar navigation
systems, using Doppler velocity or
correlation velocity logs integrated with
a heading source and having a
positioning accuracy of equal to or less
(better) than 3% of distance traveled
‘‘Circular Error Probable’’ (‘‘CEP’’), and
specially designed components therefor.
*
*
*
*
*
License Exceptions
LVS: N/A
GBS: N/A
CIV: N/A
*
*
*
*
■ 21. In Supplement No. 1 to part 774
(the Commerce Control List), Category
8—Marine, Export Control Classification
Number (ECCN) 8A018 is amended by
revising paragraph (b) of the ‘‘items’’
paragraph in the List of Items Controlled
section, to read as follows:
*
*
*
*
*
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definition: * * *
Items:
*
*
*
*
*
c. Pressure refuelers, pressure refueling
equipment, equipment specially designed to
facilitate operations in confined areas; and
ground equipment, developed specially for
military ‘‘aircraft’’, and specially designed
parts and accessories, n.e.s.;
d. Pressurized breathing equipment
specially designed for use in military
‘‘aircraft’’;
e. * * *
f. Military instrument flight trainers, except
for combat simulation; and components and
accessories specially designed for such
equipment.
23. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A991 is amended:
■ a. By revising ‘‘items’’ paragraph (b) in
the List of Items Controlled section; and
■ b. By revising ‘‘items’’ paragraph (c) in
the List of Items Controlled section and
the note to paragraph (c), to read as
follows:
8A018 Items on the Wassenaar
Arrangement Munitions List.
9A991 ‘‘Aircraft’’, n.e.s., and gas turbine
engines not controlled by 9A001 or
9A101 and parts and components, n.e.s.
*
*
*
*
VerDate Mar<15>2010
*
*
14:52 Jun 25, 2010
Jkt 220001
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
*
PO 00000
*
*
Frm 00012
*
Fmt 4700
*
Sfmt 4700
*
*
*
*
b. Civil aircraft;
Note: * * *
c. Aero gas turbine engines, and specially
designed parts therefor.
Note: 9A991.c does not control aero gas
turbine engines that are destined for use in
civil ‘‘aircraft’’ and that have been in use in
bona fide civil ‘‘aircraft’’ for more than eight
years. If they have been in use in bona fide
civil ‘‘aircraft’’ for more than eight years, such
engines are controlled under 9A991.d.
*
*
*
*
*
24. In Supplement No. 1 to part 774
(The Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9E003 is amended by revising the
‘‘Control(s)’’ paragraph in the License
Requirements section, to read as
follows:
■
9E003 Other ‘‘technology’’ as follows (see
List of Items Controlled).
License Requirements
Reason for Control: NS, SI, AT
9A018 Equipment on the Wassenaar
Arrangement Munitions List.
■
*
erowe on DSK5CLS3C1PROD with RULES
22. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Propulsion Systems, Space Vehicles
and Related Equipment, Export Control
Classification Number (ECCN) 9A018 is
amended by revising paragraphs (c),(d)
and (f) of the ‘‘items’’ paragraph in the
List of Items Controlled section, to read
as follows:
■
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
*
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
a. * * *
b. Naval equipment, as follows:
b.1. Diesel engines of 1,500 hp and over
with rotary speed of 700 rpm or over
specially designed for submarines, and
specially designed components therefor;
b.2. Electric motors specially designed for
submarines, i.e., over 1,000 hp, quick
reversing type, liquid cooled, and totally
enclosed, and specially designed components
therefor;
b.3. Nonmagnetic diesel engines, 50 hp and
over, specially designed for military purposes
with nonmagnetic content in excess of 75
percent of total mass and specially designed
components therefor;
b.4. Submarine and torpedo nets and
specially designed components therefor.
Control(s)
Country Chart
NS applies to entire
entry.
SI applies to
9E003.a.1 through
a.10, and h. See
§ 742.14 of the
EAR for additional
information.
AT applies to entire
entry.
*
*
*
*
NS Column 1
AT Column 1
*
Dated: June 21, 2010.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2010–15444 Filed 6–25–10; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 100429205–0248–01]
RIN 0694–AE92
Addition and Removal of Certain
Persons on the Entity List: Addition of
Persons Acting Contrary to the
National Security or Foreign Policy
Interests of the United States; Removal
of Person Based on Removal Request
AGENCY: Bureau of Industry and
Security, Commerce.
E:\FR\FM\28JNR1.SGM
28JNR1
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations
erowe on DSK5CLS3C1PROD with RULES
ACTION:
Final rule.
SUMMARY: This rule amends the Export
Administration Regulations (EAR) by
adding twenty-four persons to the Entity
List (Supplement No. 4 to Part 744) on
the basis of Section 744.11 of the EAR.
The persons who 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. These
persons will be listed under the
following nine destinations on the
Entity List: Belarus, China, Hong Kong,
Iran, Malaysia, New Zealand, Norway,
South Africa and United Kingdom.
This rule also removes one person
located in Hong Kong from the Entity
List. This person is being removed from
the Entity List as a result of a request for
removal submitted by that person, a
review of information provided in the
removal request in accordance with
Section 744.16 (Procedure for requesting
removal or modification of an Entity
List entity), and further review
conducted by the End-User Review
Committee’s (ERC) member agencies.
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 June 28, 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–AE92, by any of
the following methods:
E-mail: publiccomments@bis.doc.gov.
Include ‘‘RIN 0694–AE92’’ 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–AE92.
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
VerDate Mar<15>2010
14:52 Jun 25, 2010
Jkt 220001
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–AE92)—all
comments on the latter should be
submitted by one of the three methods
outlined above.
FOR FURTHER INFORMATION CONTACT:
Karen Nies-Vogel, Chairman, End-User
Review Committee, Office of the
Assistant Secretary, Export
Administration, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–3811, Fax: (202) 482–
3911, E-mail: kniesv@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
Additions to the Entity List
The ERC made a determination to add
twenty-four persons under twenty-five
entries to the Entity List on the basis of
Section 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 twenty-five entries added to
the Entity List consist of three persons
in Belarus, three persons in China, two
persons in Hong Kong, three persons in
Iran, four persons in Malaysia, two
persons in New Zealand, two persons in
Norway, five persons in South Africa,
and one person in the United Kingdom.
The twenty-fifth entry is to account for
one person who has addresses in both
Norway and South Africa.
The ERC reviewed Section 744.11(b)
(Criteria for revising the Entity List) in
making the determination to add these
persons to the Entity List. Under that
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
36517
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
Section 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. Examples of the specific
activities these persons were involved
with that are contrary to the national
security or foreign policy interests of the
United States pursuant to Section
744.11 are, as follows:
Belmicrosystems Research and Design
Center, SOE Semiconductor Devices
Factory, Vasili Kuntsevich and Hamid
Reza Simchi are being added based on
evidence that they reexported U.S.origin read-out integrated circuit (ROIC)
wafers to Electronic Components
Industries (ECI) of Iran.
Fang Yu and Xi’an Xiangyu Aviation
Technology Group are being added due
to their role in the illegal export to
China of Unmanned Aerial Vehicle
(UAV) autopilots controlled for national
security reasons.
OnTime Electronics Technology
Company and Tam Wai Tak, a.k.a.,
Thomsom Tam, are being added due to
their involvement in the diversion of
controlled U.S.-origin items through
Hong Kong to China. On June 5, 2008,
OnTime Electronics Technology
Company and Tam Wai Tak were
indicted in the Southern District of
Florida for conspiracy and violations of
the Arms Export Control Act and the
International Emergency Economic
Powers Act.
Fadjr Marine Industries, a.k.a.,
SADAF; Tadbir Sanaat Sharif
Technology Development Center (TSS);
Austral Aero-Marine Corp. Sdn Bhd;
Austral Aviation Corp.; Jimmy Tok; Mok
Chin Fan, a.k.a., Chong Chen Fah; Leigh
Michau; Q–SPD (Q–Marine
International Ltd.); Gunther Migeotte;
Icarus Design AS; Icarus Marine (Pty)
Ltd.; Ralph Brucher; Scavenger
Manufacturing (Pty) Ltd.; Shawn Hugo
De Villiers; and Ad Hoc Marine Designs
Ltd., are being added for illegally
reexporting the Bradstone Challenger, a
vessel that was subject to the EAR, to
Iran for intended use by the Iranian
E:\FR\FM\28JNR1.SGM
28JNR1
36518
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations
Revolutionary Guard Corps (IRGC) Navy
and for providing technical assistance
on Iranian naval projects.
In addition, the Department of
Commerce has reason to believe that
Chinese electro-optics procurement firm
Toptics, Inc. has procured U.S. origin
uncooled thermal imaging cameras and
may have reexported these items to Iran.
This rule implements the decision of
the ERC to add twenty-four persons
under twenty-five entries to the Entity
List on the basis of Section 744.11 of the
EAR. For all of the twenty-four persons
under twenty-five entries 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. 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 and described below in further
detail, 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.
Specifically, this rule adds the
following twenty-four persons under
twenty-five entries to the Entity List:
erowe on DSK5CLS3C1PROD with RULES
BELARUS
(1) Belmicrosystems Research and
Design Center, Office 313, 12
Korzhenevsky Street, 20108 Minsk,
Republic of Belarus;
(2) SOE Semiconductor Devices Factory,
Office 313, 12 Korzhenevsky Street,
20108 Minsk, Republic of Belarus;
and
(3) Vasili Kuntsevich, Office 313, 12
Korzhenevsky Street, 20108 Minsk,
Republic of Belarus.
CHINA
(1) Fang Yu, 16 Gaoxin 4th Road, Xian
High Tech Industrial Development
Zone, Xian, China;
(2) Toptics, Inc., Chuangye Building 7/
1F, 1197 Bin’An Road, Binjiang,
Hangzhou, Zhejiang 310052, China;
and
(3) Xi’an Xiangyu Aviation Technology
Group, a.k.a., Xi’an Xiangyu
Aviation Technology Company, 16
Gaoxin 4th Road, Xian High Tech
Industrial Development Zone, Xian,
China.
HONG KONG
(1) OnTime Electronics Technology
Company, Room 609–610 6/F Boss
VerDate Mar<15>2010
14:52 Jun 25, 2010
Jkt 220001
Commercial Center, 28 Ferry Street,
Jordon, Kowloon, Hong Kong; and
(2) Tam Wai Tak, a.k.a., Thomsom Tam,
Room 609–610 6/F, Boss
Commercial Center, 28 Ferry Street,
Jordon, Kowloon, Hong Kong.
IRAN
(1) Fadjr Marine Industries, a.k.a.,
SADAF, 169 Malekloo Ave, Farjam
Ave, Tehran Pars, Tehran, Iran;
(2) Hamid Reza Simchi, P.O. Box
19575–354, Tehran, Iran; and
(3) Tadbir Sanaat Sharif Technology
Development Center (TSS), First
Floor, No. 25 Shahid Siadat
Boulevard, North Zanjan
Street,Yadegar Emam Highway,
Tehran, Iran.
MALAYSIA
(1) Austral Aero-Marine Corp. Sdn Bhd,
10A Jalan 2/137B, Resource
Industrial Centre Off Jalan Kelang
Lama 58000, Kuala Lumpur,
Malaysia;
(2) Austral Aviation Corp., 10A Jalan 2/
137B, Resource Industrial Centre
Off Jalan Kelang Lama 58000, Kuala
Lumpur, Malaysia;
(3) Jimmy Tok, 10A Jalan 2/137B,
Resource Industrial Centre Off Jalan
Kelang Lama 58000, Kuala Lumpur,
Malaysia; and
(4) Mok Chin Fan, a.k.a., Chong Chen
Fah, 10A Jalan 2/137B, Resource
Industrial Centre Off Jalan Kelang
Lama 58000, Kuala Lumpur,
Malaysia.
NEW ZEALAND
(1) Leigh Michau, P.O. Box 34–881,
Birkenhead, Auckland, New
Zealand; and
(2) Q–SPD (Q–Marine International
Ltd.), P.O. Box 34–881, Birkenhead,
Auckland, New Zealand.
NORWAY
(1) Gunther Migeotte, Titangata 1, N–
1630 Gamle, Fredrikstad, Norway;
and H. Evjes vei 8A, Gressvik,
Norway; and Holsneset 19, 6030
Langevag, Norway; and Titangata 1,
1630 Fredrikstad, Norway (See
alternate address under South
Africa); and
(2) Icarus Design AS, Titangata 1 N–
1630 Gamle, Fredrikstad, Norway.
SOUTH AFRICA
(1) Gunther Migeotte, 1 River Street,
Rosebank, Cape Town, 7700, South
Africa; and P.O. Box 36623, Menlo
Park, 0102, South Africa; and 16
Manu Rua, 262 Sprite Avenue,
Faerie Glen, 0081, South Africa (See
alternate address under Norway);
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
(2) Icarus Marine (Pty) Ltd., 1 River
Street, Rosebank, Cape Town, South
Africa;
(3) Ralph Brucher, P.O. Box 9523,
Centurion 0046, South Africa;
(4) Scavenger Manufacturing (Pty) Ltd.,
P.O. Box 288, Silverton, Pretoria
0127, South Africa; and
(5) Shawn Hugo De Villiers, 1 River
Street, Rosebank, Cape Town 7700,
South Africa; and 39 Myburgii
Street, Somerset West, Cape Town,
South Africa.
UNITED KINGDOM
(1) Ad Hoc Marine Designs Ltd., 38
Buckland Gardens, Ryde Isle of
Wight PO 33 3AG United Kingdom.
Removal From the Entity List
The ERC also made a determination to
remove one person, Asia Link, located
in Hong Kong, as a result of Asia Link’s
request for removal from the Entity List.
Based upon the review of the
information provided in the removal
request in accordance with Section
744.16 (Procedure for requesting
removal or modification of an Entity
List entity), and further review that was
conducted by the ERC’s member
agencies, the ERC determined that Asia
Link should be removed from the Entity
List.
The ERC decision to remove Asia
Link took into account Asia Link’s
cooperation with the U.S. Government,
as well as Asia Link’s assurances of
future compliance with the EAR. In
accordance with Section 744.16(c), the
Deputy Assistant Secretary for Export
Administration has sent written
notification to Asia Link informing this
entity of the ERC’s decision to remove
it from the Entity List. This final rule
implements the decision to remove this
one Hong Kong person from the Entity
List.
Specifically, this rule removes the
following person from the Entity List:
HONG KONG
(1) Asia Link, Flat 1022, 10/F, No. 1
Hung To Rd., Kwun Tong,
Kowloon, Hong Kong.
The removal of Asia Link from the
Entity List (from Hong Kong, as
described above) eliminates the existing
license requirement in Supplement No.
4 to part 744 for exports, reexports and
transfers (in-country) to this person.
However, the removal of Asia Link from
the Entity List does not relieve persons
of other obligations under part 744 of
the EAR or under other parts of the
EAR. Neither the removal of a person
from the Entity List nor the removal of
Entity List-based license requirements
relieves persons of their obligations
E:\FR\FM\28JNR1.SGM
28JNR1
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations
under General Prohibition 5 in Section
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.’’ Nor do such removals relieve
persons of their obligation to apply for
export, reexport or in-country transfer
licenses required by other provisions of
the EAR. BIS strongly urges the use of
Supplement No. 3 to part 732 of the
EAR, ‘‘BIS’s ‘Know Your Customer’
Guidance and Red Flags,’’ when persons
are involved in transactions that are
subject to the EAR.
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
June 28, 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 July 13, 2010. Any
such items not actually exported or
reexported before midnight, on July 13,
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)). BIS implements
this rule to prevent items from being
exported, reexported or transferred (in
country) to the persons being added to
the Entity List. If this rule were delayed
to allow for notice and comment and a
delay in effective date, then entities
being added to the Entity List by this
action would continue to be able to
receive items without a license and to
conduct activities contrary to the
national security or foreign policy
interests of the United States. 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.
36519
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, in alphabetical order,
the destination of Belarus under the
Country column and three Belarusian
entities;
■ (b) By adding under China, People’s
Republic of, in alphabetical order, three
Chinese entities;
■ (c) By removing under Hong Kong,
this one Hong Kong entity ‘‘Asia Link,
Flat 1022, 10/F, No. 1 Hung To Rd.,
Kwun Tong, Kowloon, Hong Kong’’;
■ (d) By adding under Hong Kong, in
alphabetical order, two Hong Kong
entities;
■ (e) By adding under Iran, in
alphabetical order, three Iranian
entities;
■ (f) By adding under Malaysia, in
alphabetical order, four Malaysian
entities;
■ (g) By adding, in alphabetical order,
the destination of New Zealand under
the Country column and two New
Zealanders entities;
■ (h) By adding, in alphabetical order,
the destination of Norway under the
Country column and two Norwegian
entities;
■ (i) By adding, in alphabetical order,
the destination of South Africa under
the Country column and five South
African entities; and
■ (j) By adding under United Kingdom,
in alphabetical order, one British entity.
The additions read as follows:
■
erowe on DSK5CLS3C1PROD with RULES
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST
Country
VerDate Mar<15>2010
14:52 Jun 25, 2010
Entity
Jkt 220001
PO 00000
License requirement
Frm 00015
Fmt 4700
Sfmt 4700
License
review policy
E:\FR\FM\28JNR1.SGM
28JNR1
Federal
Register
citation
36520
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued
Country
*
Entity
*
BELARUS ...................
*
License requirement
*
*
*
Belmicrosystems Research and Design Center, Office 313, 12 Korzhenevsky Street,
20108 Minsk, Republic of Belarus.
SOE Semiconductor Devices Factory, Office
313, 12 Korzhenevsky Street, 20108
Minsk, Republic of Belarus.
Vasili
Kuntsevich,
Office
313,
12
Korzhenevsky Street, 20108 Minsk, Republic of Belarus.
For all items subject
to the EAR. (See
744.11 of the EAR).
For all items subject
to the EAR. (See
744.11 of the EAR).
For all items subject
to the EAR. (See
744.11 of the EAR).
Federal
Register
citation
License
review policy
*
Presumption of denial
Presumption of denial
Presumption of denial
*
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
75 FR [INSERT FR
PAGE NUMBER ]
6/28/10.
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
*
*
*
*
*
*
*
*
*
*
*
*
CHINA, PEOPLE’S
REPUBLIC OF
*
Fang Yu, 16 Gaoxin 4th Road, Xian High
Tech Industrial Development Zone, Xian,
China.
*
*
*
*
*
*
For all items subject
to the EAR. (See
744.11 of the EAR).
*
*
Presumption of denial
*
Xi’an Xiangyu Aviation Technology Group,
a.k.a., Xi’an Xiangyu Aviation Technology
Company, 16 Gaoxin 4th Road, Xian High
Tech Industrial Development Zone, Xian,
China.
*
Presumption of denial
*
Toptics, Inc., Chuangye Building 7/1F, 1197
Bin’An
Road,
Binjiang,
Hangzhou,
Zhejiang 310052, China.
*
For all items subject
to the EAR. (See
744.11 of the EAR).
For all items subject
to the EAR. (See
744.11 of the EAR).
*
Presumption of denial
75 FR [INSERT FR
PAGE NUMBER].
6/28/10.
*
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
*
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
*
*
*
*
*
*
*
*
*
*
*
*
HONG KONG
*
OnTime Electronics Technology Company,
Room 609–610 6/F Boss Commercial
Center, 28 Ferry Street, Jordon, Kowloon,
Hong Kong.
*
*
*
For all items subject
to the EAR. (See
744.11 of the EAR).
*
*
Tam Wai Tak, a.k.a., Thomsom Tam, Room For all items subject
609–610 6/F, Boss Commercial Center, 28
to the EAR. (See
Ferry Street, Jordon, Kowloon, Hong Kong.
744.11 of the EAR).
*
Presumption of denial
*
Presumption of denial
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
*
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
*
*
*
*
*
*
*
*
*
*
*
*
IRAN
erowe on DSK5CLS3C1PROD with RULES
*
Fadjr Marine Industries, a.k.a., SADAF, 169
Malekloo Ave., Farjam Ave., Tehran Pars,
Tehran, Iran.
VerDate Mar<15>2010
14:52 Jun 25, 2010
Jkt 220001
PO 00000
Frm 00016
Fmt 4700
For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
Sfmt 4700
Presumption of denial
E:\FR\FM\28JNR1.SGM
28JNR1
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations
36521
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued
Country
*
Entity
*
License requirement
*
*
*
Hamid Reza Simchi, P.O. Box 19575–354,
Tehran, Iran.
*
*
*
*
*
Presumption of denial
*
Tadbir Sanaat Sharif Technology Development Center (TSS), First Floor, No. 25
Shahid Siadat Boulevard, North Zanjan
Street, Yadegar Emam Highway, Tehran,
Iran.
*
For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
Federal
Register
citation
License
review policy
*
Presumption of denial
*
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
*
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
*
*
*
*
*
*
*
*
*
*
*
*
MALAYSIA
*
Austral Aero-Marine Corp. Sdn Bhd, 10A
Jalan 2/137B, Resource Industrial Centre
Off Jalan Kelang Lama 58000, Kuala
Lumpur, Malaysia.
Austral Aviation Corp., 10A Jalan 2/137B,
Resource Industrial Centre Off Jalan
Kelang Lama 58000, Kuala Lumpur, Malaysia.
*
*
*
*
*
*
*
NEW ZEALAND .........
*
erowe on DSK5CLS3C1PROD with RULES
VerDate Mar<15>2010
For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
*
For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
Gunther Migeotte, Titangata 1, N–1630
Gamle, Fredrikstad, Norway; and H. Evjes
vei 8A, Gressvik, Norway; and Holsneset
19, 6030 Langevag, Norway; and
Titangata 1, 1630 Fredrikstad, Norway.
(See alternate address under South Africa).
Icarus Design AS, Titangata 1 N–1630 For all items subject
Gamle, Fredrikstad, Norway.
to the EAR. (See
§ 744.11 of the
EAR).
Jkt 220001
PO 00000
Frm 00017
Presumption of denial
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
*
Presumption of denial
*
Presumption of denial
*
Leigh
Michau,
P.O.
Box
34–881,
Birkenhead, Auckland, New Zealand.
14:52 Jun 25, 2010
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
*
Q–SPD (Q-Marine International Ltd.), P.O.
Box 34–881, Birkenhead, Auckland, New
Zealand.
NORWAY ...................
For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
*
Mok Chin Fan, a.k.a., Chong Chen Fah, 10A
Jalan 2/137B, Resource Industrial Centre
Off Jalan Kelang Lama 58000, Kuala
Lumpur, Malaysia.
*
Presumption of denial
*
Jimmy Tok, 10A Jalan 2/137B, Resource Industrial Centre Off Jalan Kelang Lama
58000, Kuala Lumpur, Malaysia.
*
For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
Fmt 4700
Sfmt 4700
*
*
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
*
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
*
Presumption of denial
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
Presumption of denial
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
Presumption of denial
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
Presumption of denial
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
E:\FR\FM\28JNR1.SGM
28JNR1
36522
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued
Country
*
Entity
*
SOUTH AFRICA ........
License requirement
*
*
*
Gunther Migeotte, 1 River Street, Rosebank,
Cape Town, 7700, South Africa; and P.O.
Box 36623, Menlo Park, 0102, South Africa; and 16 Manu Rua, 262 Sprite Avenue,
Faerie Glen, 0081, South Africa (See alternate address under Norway).
Icarus Marine (Pty) Ltd., 1 River Street,
Rosebank, Cape Town, South Africa.
Ralph Brucher, P.O. Box 9523, Centurion
0046, South Africa.
Scavenger Manufacturing (Pty) Ltd., P.O.
Box 288, Silverton, Pretoria 0127, South
Africa.
Shawn Hugo De Villiers, 1 River Street,
Rosebank, Cape Town 7700, South Africa;
and 39 Myburgii Street, Somerset West,
Cape Town, South Africa.
*
*
UNITED KINGDOM ....
*
*
*
*
[FR Doc. 2010–15447 Filed 6–25–10; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF STATE
22 CFR Parts 22 and 51
[Public Notice: 7068]
RIN 1400–AC58
Schedule of Fees for Consular
Services, Department of State and
Overseas Embassies and Consulates
AGENCY:
Bureau of Consular Affairs,
erowe on DSK5CLS3C1PROD with RULES
ACTION:
Interim final rule.
SUMMARY: Further to the Department’s
proposed rule to amend the Schedule of
Fees for Consular Services (Schedule of
Fees), the Department of State is
adjusting a number of fees in light of an
independent cost of service study’s
findings that the U.S. Government is not
fully covering its costs for providing
VerDate Mar<15>2010
14:52 Jun 25, 2010
Jkt 220001
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
Presumption of denial
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
Presumption of denial
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
Presumption of denial
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
Presumption of denial
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
*
For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
these services under the current fee
structure. The primary objective of the
adjustments to the Schedule of Fees is
to ensure that fees for consular services
reflect costs to the United States of
providing the services to the extent
possible. Seventeen hundred and
ninety-seven comments were received
during the period for public comment.
This rule addresses comments received
thus far, and reopens the comment
period on these fees for an additional 60
days.
DATES: Effective date: This interim final
rule becomes effective July 13, 2010.
Comment date: Written comments must
be received on or before August 27,
2010.
Submit comments to Office
of the Executive Director, Bureau of
Consular Affairs, Department of State,
Suite H1004, 2401 E Street, NW.,
Washington, DC 20520.
FOR FURTHER INFORMATION CONTACT:
Adriel Bush, Office of the Comptroller,
Bureau of Consular Affairs, Department
of State; phone: 202–663–2596, telefax:
202–663–2499; e-mail: fees@state.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00018
*
Presumption of denial
*
ADDRESSES:
State.
Fmt 4700
*
Presumption of denial
*
Dated: June 21, 2010.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
*
For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
*
Ad Hoc Marine Designs Ltd., 38 Buckland
Gardens, Ryde, Isle of Wight PO 33 3AG,
United Kingdom.
Federal
Register
citation
License
review policy
Sfmt 4700
*
*
75 FR [INSERT FR
PAGE NUMBER]
6/28/10.
*
Background
The Department published a proposed
rule in the Federal Register, 75 FR 6321,
on February 9, 2010 (Public Notice
6887), proposing to amend sections of
22 CFR 22. Specifically, the rule
proposed changes to the Schedule of
Fees for Consular Services and provided
30 days for comments from the public.
In response to requests by the public for
more information and a further
opportunity to submit comments, the
Department subsequently published a
supplementary notice in the Federal
Register, 75 FR 14111, on March 24,
2010 (Public Notice 6928). The
supplementary notice provided a more
detailed explanation of the Cost of
Service Study (CoSS), the activity-based
costing model that the Department used
to determine the proposed fees for
consular services, and reopened the
comment period for an additional 15
days. During this and the previous 30day comment period, 1,797 comments
were received, either by email or
through the submission process at
https://www.regulations.gov. The current
notice reflects responses by the
E:\FR\FM\28JNR1.SGM
28JNR1
]]>Agencies
[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Rules and Regulations]
[Pages 36516-36522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15447]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 100429205-0248-01]
RIN 0694-AE92
Addition and Removal of Certain Persons on the Entity List:
Addition of Persons Acting Contrary to the National Security or Foreign
Policy Interests of the United States; Removal of Person Based on
Removal Request
AGENCY: Bureau of Industry and Security, Commerce.
[[Page 36517]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Export Administration Regulations (EAR)
by adding twenty-four persons to the Entity List (Supplement No. 4 to
Part 744) on the basis of Section 744.11 of the EAR. The persons who
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. These persons will be listed
under the following nine destinations on the Entity List: Belarus,
China, Hong Kong, Iran, Malaysia, New Zealand, Norway, South Africa and
United Kingdom.
This rule also removes one person located in Hong Kong from the
Entity List. This person is being removed from the Entity List as a
result of a request for removal submitted by that person, a review of
information provided in the removal request in accordance with Section
744.16 (Procedure for requesting removal or modification of an Entity
List entity), and further review conducted by the End-User Review
Committee's (ERC) member agencies.
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 June 28, 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-AE92, by any
of the following methods:
E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-AE92'' 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-AE92.
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-
AE92)--all comments on the latter should be submitted by one of the
three methods outlined above.
FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Chairman, End-User
Review Committee, Office of the Assistant Secretary, Export
Administration, Bureau of Industry and Security, Department of
Commerce, Phone: (202) 482-3811, Fax: (202) 482-3911, E-mail:
kniesv@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
Additions to the Entity List
The ERC made a determination to add twenty-four persons under
twenty-five entries to the Entity List on the basis of Section 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 twenty-five entries added to the Entity List consist of
three persons in Belarus, three persons in China, two persons in Hong
Kong, three persons in Iran, four persons in Malaysia, two persons in
New Zealand, two persons in Norway, five persons in South Africa, and
one person in the United Kingdom. The twenty-fifth entry is to account
for one person who has addresses in both Norway and South Africa.
The ERC reviewed Section 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 Section 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.
Examples of the specific activities these persons were involved with
that are contrary to the national security or foreign policy interests
of the United States pursuant to Section 744.11 are, as follows:
Belmicrosystems Research and Design Center, SOE Semiconductor
Devices Factory, Vasili Kuntsevich and Hamid Reza Simchi are being
added based on evidence that they reexported U.S.-origin read-out
integrated circuit (ROIC) wafers to Electronic Components Industries
(ECI) of Iran.
Fang Yu and Xi'an Xiangyu Aviation Technology Group are being added
due to their role in the illegal export to China of Unmanned Aerial
Vehicle (UAV) autopilots controlled for national security reasons.
OnTime Electronics Technology Company and Tam Wai Tak, a.k.a.,
Thomsom Tam, are being added due to their involvement in the diversion
of controlled U.S.-origin items through Hong Kong to China. On June 5,
2008, OnTime Electronics Technology Company and Tam Wai Tak were
indicted in the Southern District of Florida for conspiracy and
violations of the Arms Export Control Act and the International
Emergency Economic Powers Act.
Fadjr Marine Industries, a.k.a., SADAF; Tadbir Sanaat Sharif
Technology Development Center (TSS); Austral Aero-Marine Corp. Sdn Bhd;
Austral Aviation Corp.; Jimmy Tok; Mok Chin Fan, a.k.a., Chong Chen
Fah; Leigh Michau; Q-SPD (Q-Marine International Ltd.); Gunther
Migeotte; Icarus Design AS; Icarus Marine (Pty) Ltd.; Ralph Brucher;
Scavenger Manufacturing (Pty) Ltd.; Shawn Hugo De Villiers; and Ad Hoc
Marine Designs Ltd., are being added for illegally reexporting the
Bradstone Challenger, a vessel that was subject to the EAR, to Iran for
intended use by the Iranian
[[Page 36518]]
Revolutionary Guard Corps (IRGC) Navy and for providing technical
assistance on Iranian naval projects.
In addition, the Department of Commerce has reason to believe that
Chinese electro-optics procurement firm Toptics, Inc. has procured U.S.
origin uncooled thermal imaging cameras and may have reexported these
items to Iran.
This rule implements the decision of the ERC to add twenty-four
persons under twenty-five entries to the Entity List on the basis of
Section 744.11 of the EAR. For all of the twenty-four persons under
twenty-five entries 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. 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 and
described below in further detail, 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.
Specifically, this rule adds the following twenty-four persons
under twenty-five entries to the Entity List:
BELARUS
(1) Belmicrosystems Research and Design Center, Office 313, 12
Korzhenevsky Street, 20108 Minsk, Republic of Belarus;
(2) SOE Semiconductor Devices Factory, Office 313, 12 Korzhenevsky
Street, 20108 Minsk, Republic of Belarus; and
(3) Vasili Kuntsevich, Office 313, 12 Korzhenevsky Street, 20108 Minsk,
Republic of Belarus.
CHINA
(1) Fang Yu, 16 Gaoxin 4th Road, Xian High Tech Industrial Development
Zone, Xian, China;
(2) Toptics, Inc., Chuangye Building 7/1F, 1197 Bin'An Road, Binjiang,
Hangzhou, Zhejiang 310052, China; and
(3) Xi'an Xiangyu Aviation Technology Group, a.k.a., Xi'an Xiangyu
Aviation Technology Company, 16 Gaoxin 4th Road, Xian High Tech
Industrial Development Zone, Xian, China.
HONG KONG
(1) OnTime Electronics Technology Company, Room 609-610 6/F Boss
Commercial Center, 28 Ferry Street, Jordon, Kowloon, Hong Kong; and
(2) Tam Wai Tak, a.k.a., Thomsom Tam, Room 609-610 6/F, Boss Commercial
Center, 28 Ferry Street, Jordon, Kowloon, Hong Kong.
IRAN
(1) Fadjr Marine Industries, a.k.a., SADAF, 169 Malekloo Ave, Farjam
Ave, Tehran Pars, Tehran, Iran;
(2) Hamid Reza Simchi, P.O. Box 19575-354, Tehran, Iran; and
(3) Tadbir Sanaat Sharif Technology Development Center (TSS), First
Floor, No. 25 Shahid Siadat Boulevard, North Zanjan Street,Yadegar Emam
Highway, Tehran, Iran.
MALAYSIA
(1) Austral Aero-Marine Corp. Sdn Bhd, 10A Jalan 2/137B, Resource
Industrial Centre Off Jalan Kelang Lama 58000, Kuala Lumpur, Malaysia;
(2) Austral Aviation Corp., 10A Jalan 2/137B, Resource Industrial
Centre Off Jalan Kelang Lama 58000, Kuala Lumpur, Malaysia;
(3) Jimmy Tok, 10A Jalan 2/137B, Resource Industrial Centre Off Jalan
Kelang Lama 58000, Kuala Lumpur, Malaysia; and
(4) Mok Chin Fan, a.k.a., Chong Chen Fah, 10A Jalan 2/137B, Resource
Industrial Centre Off Jalan Kelang Lama 58000, Kuala Lumpur, Malaysia.
NEW ZEALAND
(1) Leigh Michau, P.O. Box 34-881, Birkenhead, Auckland, New Zealand;
and
(2) Q-SPD (Q-Marine International Ltd.), P.O. Box 34-881, Birkenhead,
Auckland, New Zealand.
NORWAY
(1) Gunther Migeotte, Titangata 1, N-1630 Gamle, Fredrikstad, Norway;
and H. Evjes vei 8A, Gressvik, Norway; and Holsneset 19, 6030 Langevag,
Norway; and Titangata 1, 1630 Fredrikstad, Norway (See alternate
address under South Africa); and
(2) Icarus Design AS, Titangata 1 N-1630 Gamle, Fredrikstad, Norway.
SOUTH AFRICA
(1) Gunther Migeotte, 1 River Street, Rosebank, Cape Town, 7700, South
Africa; and P.O. Box 36623, Menlo Park, 0102, South Africa; and 16 Manu
Rua, 262 Sprite Avenue, Faerie Glen, 0081, South Africa (See alternate
address under Norway);
(2) Icarus Marine (Pty) Ltd., 1 River Street, Rosebank, Cape Town,
South Africa;
(3) Ralph Brucher, P.O. Box 9523, Centurion 0046, South Africa;
(4) Scavenger Manufacturing (Pty) Ltd., P.O. Box 288, Silverton,
Pretoria 0127, South Africa; and
(5) Shawn Hugo De Villiers, 1 River Street, Rosebank, Cape Town 7700,
South Africa; and 39 Myburgii Street, Somerset West, Cape Town, South
Africa.
UNITED KINGDOM
(1) Ad Hoc Marine Designs Ltd., 38 Buckland Gardens, Ryde Isle of Wight
PO 33 3AG United Kingdom.
Removal From the Entity List
The ERC also made a determination to remove one person, Asia Link,
located in Hong Kong, as a result of Asia Link's request for removal
from the Entity List. Based upon the review of the information provided
in the removal request in accordance with Section 744.16 (Procedure for
requesting removal or modification of an Entity List entity), and
further review that was conducted by the ERC's member agencies, the ERC
determined that Asia Link should be removed from the Entity List.
The ERC decision to remove Asia Link took into account Asia Link's
cooperation with the U.S. Government, as well as Asia Link's assurances
of future compliance with the EAR. In accordance with Section
744.16(c), the Deputy Assistant Secretary for Export Administration has
sent written notification to Asia Link informing this entity of the
ERC's decision to remove it from the Entity List. This final rule
implements the decision to remove this one Hong Kong person from the
Entity List.
Specifically, this rule removes the following person from the
Entity List:
HONG KONG
(1) Asia Link, Flat 1022, 10/F, No. 1 Hung To Rd., Kwun Tong, Kowloon,
Hong Kong.
The removal of Asia Link from the Entity List (from Hong Kong, as
described above) eliminates the existing license requirement in
Supplement No. 4 to part 744 for exports, reexports and transfers (in-
country) to this person. However, the removal of Asia Link from the
Entity List does not relieve persons of other obligations under part
744 of the EAR or under other parts of the EAR. Neither the removal of
a person from the Entity List nor the removal of Entity List-based
license requirements relieves persons of their obligations
[[Page 36519]]
under General Prohibition 5 in Section 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.'' Nor do such removals relieve
persons of their obligation to apply for export, reexport or in-country
transfer licenses required by other provisions of the EAR. BIS strongly
urges the use of Supplement No. 3 to part 732 of the EAR, ``BIS's `Know
Your Customer' Guidance and Red Flags,'' when persons are involved in
transactions that are subject to the EAR.
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 June 28, 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 July 13, 2010. Any such items
not actually exported or reexported before midnight, on July 13, 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)). BIS implements this
rule to prevent items from being exported, reexported or transferred
(in country) to the persons being added to the Entity List. If this
rule were delayed to allow for notice and comment and a delay in
effective date, then entities being added to the Entity List by this
action would continue to be able to receive items without a license and
to conduct activities contrary to the national security or foreign
policy interests of the United States. 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, in alphabetical order, the destination of Belarus under
the Country column and three Belarusian entities;
0
(b) By adding under China, People's Republic of, in alphabetical order,
three Chinese entities;
0
(c) By removing under Hong Kong, this one Hong Kong entity ``Asia Link,
Flat 1022, 10/F, No. 1 Hung To Rd., Kwun Tong, Kowloon, Hong Kong'';
0
(d) By adding under Hong Kong, in alphabetical order, two Hong Kong
entities;
0
(e) By adding under Iran, in alphabetical order, three Iranian
entities;
0
(f) By adding under Malaysia, in alphabetical order, four Malaysian
entities;
0
(g) By adding, in alphabetical order, the destination of New Zealand
under the Country column and two New Zealanders entities;
0
(h) By adding, in alphabetical order, the destination of Norway under
the Country column and two Norwegian entities;
0
(i) By adding, in alphabetical order, the destination of South Africa
under the Country column and five South African entities; and
0
(j) By adding under United Kingdom, in alphabetical order, one British
entity.
The additions read as follows:
Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
License License review Federal Register
Country Entity requirement policy citation
----------------------------------------------------------------------------------------------------------------
[[Page 36520]]
* * * * * * *
BELARUS........................ Belmicrosystems For all items Presumption of 75 FR [INSERT FR
Research and Design subject to the denial. PAGE NUMBER] 6/
Center, Office 313, EAR. (See 744.11 28/10.
12 Korzhenevsky of the EAR).
Street, 20108 Minsk,
Republic of Belarus.
SOE Semiconductor For all items Presumption of 75 FR [INSERT FR
Devices Factory, subject to the denial. PAGE NUMBER ] 6/
Office 313, 12 EAR. (See 744.11 28/10.
Korzhenevsky Street, of the EAR).
20108 Minsk, Republic
of Belarus.
Vasili Kuntsevich, For all items Presumption of 75 FR [INSERT FR
Office 313, 12 subject to the denial. PAGE NUMBER] 6/
Korzhenevsky Street, EAR. (See 744.11 28/10.
20108 Minsk, Republic of the EAR).
of Belarus.
* * * * * * *
CHINA, PEOPLE'S REPUBLIC OF
* * * * * * *
Fang Yu, 16 Gaoxin 4th For all items Presumption of 75 FR [INSERT FR
Road, Xian High Tech subject to the denial. PAGE NUMBER]. 6/
Industrial EAR. (See 744.11 28/10.
Development Zone, of the EAR).
Xian, China.
* * * * * * *
Toptics, Inc., For all items Presumption of 75 FR [INSERT FR
Chuangye Building 7/ subject to the denial. PAGE NUMBER] 6/
1F, 1197 Bin'An Road, EAR. (See 744.11 28/10.
Binjiang, Hangzhou, of the EAR).
Zhejiang 310052,
China.
* * * * * * *
Xi'an Xiangyu Aviation For all items Presumption of 75 FR [INSERT FR
Technology Group, subject to the denial. PAGE NUMBER] 6/
a.k.a., Xi'an Xiangyu EAR. (See 744.11 28/10.
Aviation Technology of the EAR).
Company, 16 Gaoxin
4th Road, Xian High
Tech Industrial
Development Zone,
Xian, China.
* * * * * * *
HONG KONG
* * * * * * *
OnTime Electronics For all items Presumption of 75 FR [INSERT FR
Technology Company, subject to the denial. PAGE NUMBER] 6/
Room 609-610 6/F Boss EAR. (See 744.11 28/10.
Commercial Center, 28 of the EAR).
Ferry Street, Jordon,
Kowloon, Hong Kong.
* * * * * * *
Tam Wai Tak, a.k.a., For all items Presumption of 75 FR [INSERT FR
Thomsom Tam, Room 609- subject to the denial. PAGE NUMBER] 6/
610 6/F, Boss EAR. (See 744.11 28/10.
Commercial Center, 28 of the EAR).
Ferry Street, Jordon,
Kowloon, Hong Kong.
* * * * * * *
IRAN
* * * * * * *
Fadjr Marine For all items Presumption of 75 FR [INSERT FR
Industries, a.k.a., subject to the denial. PAGE NUMBER] 6/
SADAF, 169 Malekloo EAR. (See Sec. 28/10.
Ave., Farjam Ave., 744.11 of the
Tehran Pars, Tehran, EAR).
Iran.
[[Page 36521]]
* * * * * * *
Hamid Reza Simchi, For all items Presumption of 75 FR [INSERT FR
P.O. Box 19575-354, subject to the denial. PAGE NUMBER] 6/
Tehran, Iran. EAR. (See Sec. 28/10.
744.11 of the
EAR).
* * * * * * *
Tadbir Sanaat Sharif For all items Presumption of 75 FR [INSERT FR
Technology subject to the denial. PAGE NUMBER] 6/
Development Center EAR. (See Sec. 28/10.
(TSS), First Floor, 744.11 of the
No. 25 Shahid Siadat EAR).
Boulevard, North
Zanjan Street,
Yadegar Emam Highway,
Tehran, Iran.
* * * * * * *
MALAYSIA
* * * * * * *
Austral Aero-Marine For all items Presumption of 75 FR [INSERT FR
Corp. Sdn Bhd, 10A subject to the denial. PAGE NUMBER] 6/
Jalan 2/137B, EAR. (See Sec. 28/10.
Resource Industrial 744.11 of the
Centre Off Jalan EAR).
Kelang Lama 58000,
Kuala Lumpur,
Malaysia.
Austral Aviation For all items Presumption of 75 FR [INSERT FR
Corp., 10A Jalan 2/ subject to the denial. PAGE NUMBER] 6/
137B, Resource EAR. (See Sec. 28/10.
Industrial Centre Off 744.11 of the
Jalan Kelang Lama EAR).
58000, Kuala Lumpur,
Malaysia.
* * * * * * *
Jimmy Tok, 10A Jalan 2/ For all items Presumption of 75 FR [INSERT FR
137B, Resource subject to the denial. PAGE NUMBER] 6/
Industrial Centre Off EAR. (See Sec. 28/10.
Jalan Kelang Lama 744.11 of the
58000, Kuala Lumpur, EAR).
Malaysia.
* * * * * * *
Mok Chin Fan, a.k.a., For all items Presumption of 75 FR [INSERT FR
Chong Chen Fah, 10A subject to the denial. PAGE NUMBER] 6/
Jalan 2/137B, EAR. (See Sec. 28/10.
Resource Industrial 744.11 of the
Centre Off Jalan EAR).
Kelang Lama 58000,
Kuala Lumpur,
Malaysia.
* * * * * * *
NEW ZEALAND.................... Leigh Michau, P.O. Box For all items Presumption of 75 FR [INSERT FR
34-881, Birkenhead, subject to the denial. PAGE NUMBER] 6/
Auckland, New Zealand. EAR. (See Sec. 28/10.
744.11 of the
EAR).
Q-SPD (Q-Marine For all items Presumption of 75 FR [INSERT FR
International Ltd.), subject to the denial. PAGE NUMBER] 6/
P.O. Box 34-881, EAR. (See Sec. 28/10.
Birkenhead, Auckland, 744.11 of the
New Zealand. EAR).
NORWAY......................... Gunther Migeotte, For all items Presumption of 75 FR [INSERT FR
Titangata 1, N-1630 subject to the denial. PAGE NUMBER] 6/
Gamle, Fredrikstad, EAR. (See Sec. 28/10.
Norway; and H. Evjes 744.11 of the
vei 8A, Gressvik, EAR).
Norway; and Holsneset
19, 6030 Langevag,
Norway; and Titangata
1, 1630 Fredrikstad,
Norway. (See
alternate address
under South Africa).
Icarus Design AS, For all items Presumption of 75 FR [INSERT FR
Titangata 1 N-1630 subject to the denial. PAGE NUMBER] 6/
Gamle, Fredrikstad, EAR. (See Sec. 28/10.
Norway. 744.11 of the
EAR).
[[Page 36522]]
* * * * * * *
SOUTH AFRICA................... Gunther Migeotte, 1 For all items Presumption of 75 FR [INSERT FR
River Street, subject to the denial. PAGE NUMBER] 6/
Rosebank, Cape Town, EAR. (See Sec. 28/10.
7700, South Africa; 744.11 of the
and P.O. Box 36623, EAR).
Menlo Park, 0102,
South Africa; and 16
Manu Rua, 262 Sprite
Avenue, Faerie Glen,
0081, South Africa
(See alternate
address under Norway).
Icarus Marine (Pty) For all items Presumption of 75 FR [INSERT FR
Ltd., 1 River Street, subject to the denial. PAGE NUMBER] 6/
Rosebank, Cape Town, EAR. (See Sec. 28/10.
South Africa. 744.11 of the
EAR).
Ralph Brucher, P.O. For all items Presumption of 75 FR [INSERT FR
Box 9523, Centurion subject to the denial. PAGE NUMBER] 6/
0046, South Africa. EAR. (See Sec. 28/10.
744.11 of the
EAR).
Scavenger For all items Presumption of 75 FR [INSERT FR
Manufacturing (Pty) subject to the denial. PAGE NUMBER] 6/
Ltd., P.O. Box 288, EAR. (See Sec. 28/10.
Silverton, Pretoria 744.11 of the
0127, South Africa. EAR).
Shawn Hugo De For all items Presumption of 75 FR [INSERT FR
Villiers, 1 River subject to the denial. PAGE NUMBER] 6/
Street, Rosebank, EAR. (See Sec. 28/10.
Cape Town 7700, South 744.11 of the
Africa; and 39 EAR).
Myburgii Street,
Somerset West, Cape
Town, South Africa.
* * * * * * *
UNITED KINGDOM................. Ad Hoc Marine Designs For all items Presumption of 75 FR [INSERT FR
Ltd., 38 Buckland subject to the denial. PAGE NUMBER] 6/
Gardens, Ryde, Isle EAR. (See Sec. 28/10.
of Wight PO 33 3AG, 744.11 of the
United Kingdom. EAR).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: June 21, 2010.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2010-15447 Filed 6-25-10; 8:45 am]
BILLING CODE 3510-33-P
