Addition of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States, 37632-37634 [2011-16165]
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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
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Issued in Burlington, Massachusetts, on
June 14, 2011.
Peter A. White,
Acting Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 2011–16087 Filed 6–27–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 110128065–1135–01]
RIN 0694–AF12
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
This rule amends the Export
Administration Regulations (EAR) by
adding eight 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
eight persons will be listed under the
following three destinations on the
Entity List: France, Iran and the United
Arab Emirates (U.A.E.).
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: This rule is effective June 28,
2011.
WReier-Aviles on DSKGBLS3C1PROD with RULES
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Karen Nies-Vogel, Chair, End-User
Review Committee, Office of the
Assistant Secretary, Export
Administration, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–5991, Fax: (202) 482–
3911, E-mail: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
14:42 Jun 27, 2011
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 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, 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
Addition of Certain Persons on the
Entity List: Addition of Persons Acting
Contrary to the National Security or
Foreign Policy Interests of the United
States
VerDate Mar<15>2010
Background
Jkt 223001
The ERC made a determination to add
eight persons 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 eight entries
added to the Entity List consist of three
new entries in France, three new entries
in Iran, and two new entries in the
U.A.E.
The ERC reviewed the criteria for
revising the Entity List (section
744.11(b) of the EAR) in making the
determination to add these persons to
the Entity List. These criteria establish
how to add to the Entity List those
entities that, based on specific and
articulable facts, there is reasonable
cause to believe 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 (section 744.11 of the
EAR). 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. An
illustrative list of such activities can be
found in paragraphs (b)(1)–(b)(5) of
section 744.11 of the EAR.
Pursuant to section 744.11, these eight
persons are being added based on
evidence that they have engaged in
actions that could enhance the military
capability of Iran, a country designated
by the U.S. Secretary of State as having
repeatedly provided support for acts of
international terrorism. These persons
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
are also being added because their
overall conduct poses a risk of ongoing
EAR violations.
Additions to the Entity List
This rule implements the decision of
the ERC to add eight persons to the
Entity List on the basis of section 744.11
of the EAR. For all eight persons added
to the Entity List, the ERC specified a
license requirement for all items subject
to the EAR and established a license
application review policy of a
presumption of denial. A BIS license is
required to export, reexport or transfer
(in-country) any item subject to the EAR
to any of the persons described below,
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 eight persons to the Entity
List:
France
(1) Aerotechnic France SAS, 8 Rue de
la Bruyere, 31120 Pinsaguel, France;
(2) Luc Teuly, 8 Rue de la Bruyere,
31120 Pinsaguel, France; and
(3) Philippe Sanchez, 8 Rue de la
Bruyere, 31120 Pinsaguel, France.
Iran
(1) Hassan Seifi, Unit #23, Eighth
Floor, No. 193 West Sarve Boulevard
Kaj Square, Saadat Abad, 19987–14434,
Tehran, Iran;
(2) Reza Seifi, Unit #23, Eighth Floor,
No. 193 West Sarve Boulevard Kaj
Square, Saadat Abad, 19987–14434,
Tehran, Iran; and
(3) Sabanican Company, (a.k.a.,
Sabanican Pad Co.), Unit #23, Eighth
Floor, No. 193 West Sarve Boulevard
Kaj Square, Saadat Abad, 19987–14434,
Tehran, Iran.
United Arab Emirates
(1) Aletra General Trading, (a.k.a.,
Erman & Sultan Trading Co.), Sabkha
Street, Shop No. 8, Dubai, U.A.E.; and
(2) Syed Amir Ahmed Najfi, Sabkha
Street, Shop No. 8, Dubai, U.A.E.
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
E:\FR\FM\28JNR1.SGM
28JNR1
Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
carrier to a port of export or reexport, on
June 28, 2011, 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, 2011. Any
such items not actually exported or
reexported before midnight, on July 13,
2011, 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 12, 2010, 75 FR 50681
(August 16, 2010), has continued the
EAR in effect under the International
Emergency Economic Powers Act, 50
U.S.C. 1701, et seq.
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 a collection of information
previously approved by the OMB under
control number 0694–0088, ‘‘MultiPurpose 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 PRA and OMB
control number 0694–0088 are expected
to increase slightly as a result of this
rule. However, this increase is not
significant enough to require an
amendment to the previously approved
information collection. You may 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 email to
Jasmeet_K._Seehra@omb.eop.gov, or by
fax to (202) 395–7285.
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. In
addition, because these parties may
receive notice of the U.S. Government’s
intention to place these entities on the
Entity List once a final rule was
published it would create an incentive
for these persons to either accelerate
receiving items subject to the EAR to
conduct activities that are contrary to
the national security or foreign policy
interests of the United States and/or to
take steps to set up additional aliases,
change addresses and take other steps to
try to limit the impact of the listing on
the Entity List once a final rule was
published. Further, no other law
requires that a notice of proposed
37633
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.
Accordingly, part 744 of the Export
Administration Regulations (15 CFR
parts 730–774) are 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 12, 2010, 75 FR 50681
(August 16, 2010); Notice of November 4,
2010, 75 FR 68673 (November 8, 2010);
Notice of January 13, 2011, 76 FR 3009
(January 18, 2011).
2. Supplement No. 4 to part 744 is
amended:
■ (a) By adding, in alphabetical order,
the destination of France under the
Country column and three French
entities;
■ (b) By adding under Iran, in
alphabetical order, three Iranian
entities; and
■ (c) By adding under the United Arab
Emirates, in alphabetical order, two
U.A.E. entities.
The additions read as follows:
■
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST
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Country
*
France ................................
VerDate Mar<15>2010
License requirement
License review policy
Federal Register
citation
*
For all items subject to the
EAR. (See § 744.11 of
the EAR).
*
*
Presumption of denial .......
*
76 FR [INSERT FR PAGE
NUMBER]
June 28, 2011.
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 .......
76 FR [INSERT FR PAGE
NUMBER]
June 28, 2011.
76 FR [INSERT FR PAGE
NUMBER]
June 28, 2011.
Entity
*
*
Aerotechnic France SAS,
8 Rue de la Bruyere,
31120 Pinsaguel,
France.
Luc Teuly, 8 Rue de la
Bruyere, 31120
Pinsaguel, France.
Philippe Sanchez, 8 Rue
de la Bruyere, 31120
Pinsaguel, France.
17:22 Jun 27, 2011
Jkt 223001
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
Presumption of denial .......
E:\FR\FM\28JNR1.SGM
28JNR1
37634
Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued
Country
Entity
License requirement
*
Federal Register
citation
License review policy
*
*
*
*
*
*
*
*
*
Hassan Seifi, Unit #23,
Eighth Floor, No. 193
West Sarve Boulevard
Kaj Square, Saadat
Abad, 19987–14434,
Tehran, Iran.
*
For all items subject to the
EAR. (See § 744.11 of
the EAR).
*
*
Presumption of denial .......
*
76 FR [INSERT FR PAGE
NUMBER]
June 28, 2011.
*
*
*
Reza Seifi, Unit #23,
Eighth Floor, No. 193
West Sarve Boulevard
Kaj Square, Saadat
Abad, 19987–14434,
Tehran, Iran.
*
For all items subject to the
EAR. (See § 744.11 of
the EAR).
*
*
Presumption of denial .......
*
76 FR [INSERT FR PAGE
NUMBER]
June 28, 2011.
*
*
*
Sabanican Company
(a.k.a., Sabanican Pad
Co.), Unit #23, Eighth
Floor, No. 193 West
Sarve Boulevard Kaj
Square, Saadat Abad,
19987–14434, Tehran,
Iran.
*
For all items subject to the
EAR. (See § 744.11 of
the EAR).
*
*
Presumption of denial .......
*
76 FR [INSERT FR PAGE
NUMBER]
June 28, 2011.
Iran
*
United Arab Emirates
*
*
*
*
*
*
*
*
*
Aletra General Trading
(a.k.a., Erman & Sultan
Trading Co.), Sabkha
Street, Shop No. 8,
Dubai, U.A.E.
*
For all items subject to the
EAR. (See § 744.11 of
the EAR).
*
*
Presumption of denial .......
*
76 FR [INSERT FR PAGE
NUMBER]
June 28 2011,
*
*
*
Syed Amir Ahmed Najfi,
Sabkha Street, Shop
No. 8, Dubai, U.A.E.
*
For all items subject to the
EAR. (See § 744.11 of
the EAR).
*
*
Presumption of denial .......
*
76 FR [INSERT FR PAGE
NUMBER]
June 28, 2011.
*
*
*
Dated: June 21, 2011.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
*
*
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[FR Doc. 2011–16165 Filed 6–27–11; 8:45 am]
15 CFR Part 748
BILLING CODE 3510–33–P
[Docket No. 110519290–1298–01]
WReier-Aviles on DSKGBLS3C1PROD with RULES
RIN 0694–AF25
Revision to the Validated End-User
Authorization for CSMC Technologies
Corporation in the People’s Republic
of China
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
In this final rule, the Bureau
of Industry and Security (BIS) amends
the Export Administration Regulations
SUMMARY:
VerDate Mar<15>2010
17:22 Jun 27, 2011
Jkt 223001
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
*
*
(EAR) to revise the validated end-user
authorization for CSMC Technologies
Corporation (CSMC) in the People’s
Republic of China (PRC) by adding an
item to the list of items that may be
exported, reexported, or transferred (incountry) to CSMC’s eligible destinations
under Authorization Validated EndUser (VEU).
DATES: This rule is effective June 28,
2011.
FOR FURTHER INFORMATION CONTACT:
Karen Nies-Vogel, Chair, End-User
Review Committee, Office of the
Assistant Secretary, Export
Administration, Bureau of Industry and
Security, U.S. Department of Commerce,
Phone: (202) 482–5991, Fax: (202) 482–
3911, E-mail: ERC@bis.doc.gov.
E:\FR\FM\28JNR1.SGM
28JNR1
Agencies
[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Rules and Regulations]
[Pages 37632-37634]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16165]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 110128065-1135-01]
RIN 0694-AF12
Addition of Certain Persons on 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 eight 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 eight persons will be listed under the
following three destinations on the Entity List: France, Iran and the
United Arab Emirates (U.A.E.).
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: This rule is effective June 28, 2011.
FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Chair, End-User
Review Committee, Office of the Assistant Secretary, Export
Administration, Bureau of Industry and Security, Department of
Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, E-mail:
ERC@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 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, 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 eight persons 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 eight entries added to
the Entity List consist of three new entries in France, three new
entries in Iran, and two new entries in the U.A.E.
The ERC reviewed the criteria for revising the Entity List (section
744.11(b) of the EAR) in making the determination to add these persons
to the Entity List. These criteria establish how to add to the Entity
List those entities that, based on specific and articulable facts,
there is reasonable cause to believe 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
(section 744.11 of the EAR). 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. An illustrative list of such
activities can be found in paragraphs (b)(1)-(b)(5) of section 744.11
of the EAR.
Pursuant to section 744.11, these eight persons are being added
based on evidence that they have engaged in actions that could enhance
the military capability of Iran, a country designated by the U.S.
Secretary of State as having repeatedly provided support for acts of
international terrorism. These persons are also being added because
their overall conduct poses a risk of ongoing EAR violations.
Additions to the Entity List
This rule implements the decision of the ERC to add eight persons
to the Entity List on the basis of section 744.11 of the EAR. For all
eight persons added to the Entity List, the ERC specified a license
requirement for all items subject to the EAR and established a license
application review policy of a presumption of denial. A BIS license is
required to export, reexport or transfer (in-country) any item subject
to the EAR to any of the persons described below, 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 eight persons to the
Entity List:
France
(1) Aerotechnic France SAS, 8 Rue de la Bruyere, 31120 Pinsaguel,
France;
(2) Luc Teuly, 8 Rue de la Bruyere, 31120 Pinsaguel, France; and
(3) Philippe Sanchez, 8 Rue de la Bruyere, 31120 Pinsaguel, France.
Iran
(1) Hassan Seifi, Unit 23, Eighth Floor, No. 193 West
Sarve Boulevard Kaj Square, Saadat Abad, 19987-14434, Tehran, Iran;
(2) Reza Seifi, Unit 23, Eighth Floor, No. 193 West Sarve
Boulevard Kaj Square, Saadat Abad, 19987-14434, Tehran, Iran; and
(3) Sabanican Company, (a.k.a., Sabanican Pad Co.), Unit
23, Eighth Floor, No. 193 West Sarve Boulevard Kaj Square,
Saadat Abad, 19987-14434, Tehran, Iran.
United Arab Emirates
(1) Aletra General Trading, (a.k.a., Erman & Sultan Trading Co.),
Sabkha Street, Shop No. 8, Dubai, U.A.E.; and
(2) Syed Amir Ahmed Najfi, Sabkha Street, Shop No. 8, Dubai, U.A.E.
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
[[Page 37633]]
carrier to a port of export or reexport, on June 28, 2011, 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, 2011. Any such items
not actually exported or reexported before midnight, on July 13, 2011,
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 12,
2010, 75 FR 50681 (August 16, 2010), has continued the EAR in effect
under the International Emergency Economic Powers Act, 50 U.S.C. 1701,
et seq.
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
a collection of information previously approved by the OMB under
control number 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 PRA and OMB
control number 0694-0088 are expected to increase slightly as a result
of this rule. However, this increase is not significant enough to
require an amendment to the previously approved information collection.
You may 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.
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. In addition, because these parties may
receive notice of the U.S. Government's intention to place these
entities on the Entity List once a final rule was published it would
create an incentive for these persons to either accelerate receiving
items subject to the EAR to conduct activities that are contrary to the
national security or foreign policy interests of the United States and/
or to take steps to set up additional aliases, change addresses and
take other steps to try to limit the impact of the listing on the
Entity List once a final rule was published. 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.
Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) are 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 12, 2010, 75 FR 50681
(August 16, 2010); Notice of November 4, 2010, 75 FR 68673 (November
8, 2010); Notice of January 13, 2011, 76 FR 3009 (January 18, 2011).
0
2. Supplement No. 4 to part 744 is amended:
0
(a) By adding, in alphabetical order, the destination of France under
the Country column and three French entities;
0
(b) By adding under Iran, in alphabetical order, three Iranian
entities; and
0
(c) By adding under the United Arab Emirates, in alphabetical order,
two U.A.E. entities.
The additions read as follows:
Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
License License review Federal Register
Country Entity requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
France.......................... Aerotechnic France For all items Presumption of 76 FR [INSERT FR
SAS, 8 Rue de la subject to the denial. PAGE NUMBER]
Bruyere, 31120 EAR. (See Sec. June 28, 2011.
Pinsaguel, France. 744.11 of the
EAR).
Luc Teuly, 8 Rue For all items Presumption of 76 FR [INSERT FR
de la Bruyere, subject to the denial. PAGE NUMBER]
31120 Pinsaguel, EAR. (See Sec. June 28, 2011.
France. 744.11 of the
EAR).
Philippe Sanchez, For all items Presumption of 76 FR [INSERT FR
8 Rue de la subject to the denial. PAGE NUMBER]
Bruyere, 31120 EAR. (See Sec. June 28, 2011.
Pinsaguel, France. 744.11 of the
EAR).
[[Page 37634]]
* * * * * * *
Iran
* * * * * * *
Hassan Seifi, Unit For all items Presumption of 76 FR [INSERT FR
23, subject to the denial. PAGE NUMBER]
Eighth Floor, No. EAR. (See Sec. June 28, 2011.
193 West Sarve 744.11 of the
Boulevard Kaj EAR).
Square, Saadat
Abad, 19987-
14434, Tehran,
Iran.
* * * * * * *
Reza Seifi, Unit For all items Presumption of 76 FR [INSERT FR
23, subject to the denial. PAGE NUMBER]
Eighth Floor, No. EAR. (See Sec. June 28, 2011.
193 West Sarve 744.11 of the
Boulevard Kaj EAR).
Square, Saadat
Abad, 19987-
14434, Tehran,
Iran.
* * * * * * *
Sabanican Company For all items Presumption of 76 FR [INSERT FR
(a.k.a., subject to the denial. PAGE NUMBER]
Sabanican Pad EAR. (See Sec. June 28, 2011.
Co.), Unit 23, Eighth EAR).
Floor, No. 193
West Sarve
Boulevard Kaj
Square, Saadat
Abad, 19987-
14434, Tehran,
Iran.
* * * * * * *
United Arab Emirates
* * * * * * *
Aletra General For all items Presumption of 76 FR [INSERT FR
Trading (a.k.a., subject to the denial. PAGE NUMBER]
Erman & Sultan EAR. (See Sec. June 28 2011,
Trading Co.), 744.11 of the
Sabkha Street, EAR).
Shop No. 8,
Dubai, U.A.E.
* * * * * * *
Syed Amir Ahmed For all items Presumption of 76 FR [INSERT FR
Najfi, Sabkha subject to the denial. PAGE NUMBER]
Street, Shop No. EAR. (See Sec. June 28, 2011.
8, Dubai, U.A.E. 744.11 of the
EAR).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: June 21, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-16165 Filed 6-27-11; 8:45 am]
BILLING CODE 3510-33-P