Addition of Certain Persons to the Entity List; and Implementation of Entity List Annual Review Changes, 78146-78149 [2011-32341]
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78146
Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations
reservations systems to comply with the
new rule is a complex undertaking.
Indeed, in response to such concerns,
we extended the effective date of this
rule for 90 days, from October 24, 2011,
to its present date of January 24, 2012.
(76 FR 45181, July 28, 2011) We can
appreciate that any errors that might
occur the first day the new system is
implemented would have a greater
impact on carriers or ticket agents
selling air transportation if that day
happens to be their busiest business
day. We are concerned that, similarly,
any such problems may have a more
wide-ranging negative effect on
consumers, as well. For this reason, and
because we agree that a two-day delay
in the start of the new rule will not
significantly affect consumers, we find
that grant of American’s petition is in
the public interest. In order to avoid
confusion over airfares advertised using
various media, which include Web sites,
email, print, television, and radio, this
short two-day extension will apply to all
fare advertisements.
jlentini on DSK4TPTVN1PROD with RULES
The Direct Final Rule Procedure
On January 30, 2004, OST published
a final rule adopting direct final
rulemaking procedures intended to
expedite the rulemaking process for
noncontroversial rules. By using direct
final rulemaking, OST can reduce the
time necessary to develop, review, clear
and publish a rule to which no adverse
public comment is anticipated by
eliminating the need to publish separate
proposed and final rules (69 FR 4455).
OST anticipates that this regulation
will not result in adverse or negative
comment and, therefore, is issuing it as
a direct final rule. Unless a written
adverse or negative comment, or a
written notice of intent to submit an
adverse or negative comment is received
within the comment period, the
regulation will become effective on the
date specified above. After the close of
the comment period, if no adverse or
negative comment or written notice of
intent to submit such a comment is
received, OST will publish a document
in the Federal Register indicating that
no adverse or negative comments were
received and confirming the date on
which the final rule will become
effective. If OST does receive, within
the comment period, an adverse or
negative comment, or written notice of
intent to submit such a comment, a
document withdrawing the direct final
rule will be published in the Federal
Register, and a notice of proposed
rulemaking may be published with a
new comment period.
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Comments Invited
Interested parties are invited to
participate in this rulemaking by
submitting such written data, views, or
arguments, as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal.
Regulatory Analyses and Notices
A. Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
This final rule is not a significant
regulatory action under Executive Order
12866 and the Department of
Transportation’s Regulatory Policies and
Procedures. Accordingly, this final rule
has not been reviewed by the Office of
Management and Budget (OMB).
B. Regulatory Flexibility Act
C. Executive Order 13132 (Federalism)
This Final Rule does not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, and therefore does
not have federalism implications.
D. Executive Order 13084
This Final Rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13084 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because the rule does not significantly
or uniquely affect the communities of
the Indian tribal governments or impose
substantial direct compliance costs on
them, the funding and consultation
requirements of Executive Order 13084
do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501 et seq.) requires
that DOT consider the impact of
paperwork and other information
collection burdens imposed on the
public and, under the provisions of PRA
section 3507(d), obtain approval from
the Office of Management and Budget
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F. Unfunded Mandates Reform Act
The Department has determined that
the requirements of Title II of the
Unfunded Mandates Reform Act of 1995
do not apply to this Final Rule.
Issued this 13th day of December 2011, in
Washington, DC.
Susan Kurland,
Assistant Secretary for Aviation and
International Affairs.
[FR Doc. 2011–32336 Filed 12–15–11; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Pursuant to section 605 of the
Regulatory Flexibility Act (RFA), 5
U.S.C. 605(b), as amended by the Small
Business Regulatory Enforcement and
Fairness Act of 1996 (SBREFA), DOT
certifies that this final rule does not
have a significant impact on a
substantial number of small entities.
The final rule does not impose any
duties or obligations on small entities.
PO 00000
(OMB) for each collection of
information it conducts, sponsors, or
requires through regulations. DOT has
determined that there is no new
information collection requirements
associated with this final rule.
15 CFR Part 744
[Docket No. 111202715–1724–01]
RIN 0694–AF46
Addition of Certain Persons to the
Entity List; and Implementation of
Entity List Annual Review Changes
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
This rule amends the Export
Administration Regulations (EAR) by
adding two persons to the Entity List.
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 on the Entity List
under the United Arab Emirates
(U.A.E.).
This rule also amends the Entity List
on the basis of the annual review of the
Entity List conducted by the End-User
Review Committee (ERC). The ERC
conducts the annual review to
determine if any entries on the Entity
List should be removed or modified.
This rule removes two persons
located in Singapore and two persons
located in Taiwan on the basis of the
annual review, and revises the entry
concerning one person located in
Malaysia to add an alternate address.
The Entity List provides notice to the
public that certain exports, reexports,
and transfers (in-country) to entities
identified on the Entity List require a
license from the Bureau of Industry and
Security (BIS) and that availability of
SUMMARY:
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license exceptions in such transactions
is limited.
DATES: Effective Date: This rule is
effective December 16, 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, Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Entity List (Supplement No. 4 to
Part 744) provides notice to the public
that certain exports, reexports, and
transfers (in-country) to entities
identified on the Entity List require a
license from the Bureau of Industry and
Security and that the availability of
license exceptions in such transactions
is limited. Entities are placed on the
Entity List on the basis of certain
sections of part 744 (Control Policy:
End-User and End-Use Based) of the
EAR.
The ERC, composed of representatives
of the Departments of Commerce
(Chair), State, Defense, Energy and,
when appropriate, the Treasury, makes
all decisions regarding additions to,
removals from, or other modifications 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.
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ERC Entity List decisions
Additions to the Entity List
This rule implements the decision of
the ERC to add two 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 two
entries added to the Entity List consist
of two persons located in the U.A.E.
The ERC reviewed Section 744.11(b)
(Criteria for revising the Entity List) in
making the determination to add the
two persons located in the U.A.E. to the
Entity List. Under that paragraph,
persons for which there is reasonable
cause to believe, based on specific and
articulable facts, that the persons 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 persons may be
added to the Entity List pursuant to
Section 744.11. Paragraphs (b)(1)–(b)(5)
of Section 744.11 include an illustrative
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list of activities that could be contrary
to the national security or foreign policy
interests of the United States.
The two persons in the U.A.E. 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. Specifically, BIS’s Office of
Export Enforcement is investigating the
presence of Blue Coat internet filtering
devices in Syria and has developed
evidence regarding the parties involved
in the transfer of these devices to Syria.
Waseem Jawad, using the company
name Infotec, a.k.a., Info Tech, ordered
multiple Blue Coat SG9000–20 Proxy
devices in December 2010 from a Blue
Coat authorized distributor in the U.A.E.
That authorized distributor in turn
placed an order for the devices with
Blue Coat. A December 2010 email
notification identified the end-user of
the Blue Coat products for this order as
the Ministry of Communication
(National Telecom), Al Fadi Street,
Baghdad, Iraq. In February 2011, the
devices were shipped from the United
States to the United Arab Emirates, and
ownership was transferred to Waseem
Jawad, Info Tech, RAKFTZ, U.A.E.
Approximately three days later, the
devices departed the U.A.E. for delivery
to Syria. Several of these devices have
been identified by serial number as the
devices being used by the Syrian
Telecommunications Establishment in
Damascus, Syria. The investigation is
ongoing and additional parties related to
these transactions may be added to the
Entity List in the future.
For the two 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. The license
requirement applies to any transaction
in which items are to be exported,
reexported, or transferred (in-country) to
such persons or in which such persons
act as purchaser, intermediate
consignee, ultimate consignee, or enduser. In addition, no license exceptions
are available for exports, reexports, or
transfers (in-country) to those persons
being added to the Entity List.
This final rule adds the following two
persons under two entries to the Entity
List:
United Arab Emirates
(1) Infotec, a.k.a., Info Tech., Ras Al
Khaimah Free Trade Zone (RAKFTZ),
U.A.E.; and
(2) Waseem Jawad, Ras Al Khaimah
Free Trade Zone (RAKFTZ), U.A.E.; and
P.O. Box: 25123, Dubai U.A.E.
PO 00000
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78147
Annual Review of the Entity List
This rule also amends the Entity List
on the basis of the annual review of the
Entity List conducted by the ERC, in
accordance with the procedures
outlined in Supplement No. 5 to part
744 (Procedures for End-User Review
Committee Entity List Decisions). The
changes from the annual review of the
Entity List that are approved by the ERC
are implemented in stages as the ERC
completes its review of entities listed
under different destinations on the
Entity List. This rule implements the
results of the annual review for entities
located in Malaysia, Singapore, and
Taiwan.
A. Removals From the Entity List
This rule removes four entities from
the Entity List, which consists of two
entities from Singapore and two entities
from Taiwan. Specifically, this rule
implements the decision of the ERC to
remove two entities, Strive Components
and Synoptics Imaging Systems Pte Ltd.,
located in Singapore, and two entities,
Christine Sun and In-Tech Company,
a.k.a., In-Tech Telecom, located in
Taiwan, from the Entity List on the basis
of the annual review of the Entity List,
as follows:
Singapore
(1) Strive Components, Block 10 Toa
Payoh Industrial Park Lor 8 #01–1221,
Singapore, 319062; and
(2) Synoptics Imaging Systems Pte
Ltd., 12 Lor Bakar Batu #06–09,
Singapore, 348745.
Taiwan
(1) Christine Sun, 7th Floor, Number
17, Zhonghua Rd., Sec 2, Xinzhuang
City, Taipei, Taiwan; and
(2) In-Tech Company, a.k.a., In-Tech
Telecom, Number 15, Lane 347,
Jhongjheng Road, Sinjihuang City,
Taipei, Taiwan, and 7th Floor, Number
17, Zhonghua Rd., Sec 2, Xinzhuang
City, Taipei, Taiwan.
The removal of the above-referenced
four entities from the Entity List
eliminates the existing license
requirements in Supplement No. 4 to
part 744 for exports, reexports and
transfers (in-country) to the four
entities. However, the removal of these
four entities 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 an entity from the Entity List
nor the removal of Entity List-based
license requirements relieves persons of
their obligations under General
Prohibition 5 in section 736.2(b)(5) of
the EAR which provides that, ‘‘you may
not, without a license, knowingly export
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Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations
or reexport any item subject to the EAR
to an end-user or end-use that is
prohibited by part 744 of the EAR.’’
Additionally these removals do not
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.
B. Modifications to the Entity List
On the basis of a decision made by the
ERC during the annual review, this rule
amends one entry currently on the
Entity List under Malaysia by adding an
alternate address, as follows:
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Malaysia
(1) VTE Industrial Automation SDN
BHD, 97C, Jalan Kenari 23, Puchong
Jaya, Puchong, Selangor, Malaysia; and
45–02, Jalan Kenari 19A, Puchong Jaya,
47100 Malaysia.
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
December 16, 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 January 3, 2012. Any
such items not actually exported or
reexported before midnight, on January
3, 2012, require a license in accordance
with the EAR.
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, 2011, 76 FR 50661
(August 16, 2011), has continued the
Export Administration Regulations in
effect under the International
Emergency Economic Powers Act. BIS
continues to carry out the provisions of
the Export Administration Act, as
appropriate and to the extent permitted
by law, pursuant to Executive Order
13222.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
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alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. 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 43.8 minutes for a
manual or electronic submission. Total
burden hours associated with the PRA
and OMB control number 0694–0088
are not expected to increase as a result
of this rule. 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
comment 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 protect U.S. national security or
foreign policy interests by preventing
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
PO 00000
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Fmt 4700
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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 Subject in 15 CFR Part 744
Exports, Reporting and recordkeeping
requirements, Terrorism.
Accordingly, part 744 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
PART 744—[AMENDED]
1. The authority citation for 15 CFR
part 744 continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
786; Notice of January 13, 2011, 76 FR 3009,
January 18, 2011; Notice of August 12, 2011,
76 FR 50661 (August 16, 2011); Notice of
November 9, 2011, 76 FR 70391 (November
9, 2011).
2. Supplement No. 4 to part 744 is
amended:
■ (a) By revising under Malaysia, in
alphabetical order, one Malaysian
entity;
■ (b) By removing under Singapore, the
two Singaporean entities: ‘‘Strive
Components, Block 10 Toa Payoh
Industrial Park Lor 8 #01–1221,
Singapore, 319062’’ and ‘‘Synoptics
Imaging Systems Pte Ltd., 12 Lor Bakar
Batu #06–09, Singapore, 348745’’;
■ (c) By removing under Taiwan, the
two Taiwanese entities: ‘‘Christine Sun,
■
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Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations
7th Floor, Number 17, Zhonghua Rd.,
Sec 2, Xinzhuang City, Taipei, Taiwan’’
and ‘‘In-Tech Company, a.k.a., In-Tech
Telecom, Number 15, Lane 347,
Jhongjheng Road, Sinjihuang City,
Taipei, Taiwan, and 7th Floor, Number
17, Zhonghua Rd., Sec 2, Xinzhuang
City, Taipei, Taiwan’’; and
(d) By adding under United Arab
Emirates, in alphabetical order, two
U.A.E. entities:
The additions and revisions read as
follows:
■
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST
Country
Entity
*
*
License requirement
*
*
License review policy
*
*
Federal
Register citation
*
Malaysia
*
*
*
*
*
VTE Industrial Automation SDN BHD, 97C, For all items subject
Jalan Kenari 23, Puchong Jaya, Puchong,
to the EAR. (See
Selangor, Malaysia; and 45–02, Jalan
§ 744.11 of the
Kenari 19A, Puchong Jaya, 47100 MalayEAR)
sia.
*
United Arab Emirates
*
*
*
*
Presumption of denial
*
*
*
73 FR 54503, 9/22/08.
76 FR [INSERT FR
PAGE NUMBER]
12/16/11.
*
*
*
*
*
*
Infotec, a.k.a., Info Tech, Ras Al Khaimah For all items subject
Free Trade Zone (RAKFTZ), U.A.E.
to the EAR. (See
§ 744.11 of the
EAR)
*
Presumption of denial
*
76 FR [INSERT FR
PAGE NUMBER]
12/16/11.
*
*
*
*
*
Waseem Jawad, Ras Al Khaimah Free For all items subject
Trade Zone (RAKFTZ), U.A.E.; and P.O.
to the EAR. (See
Box: 25123, Dubai U.A.E.
§ 744.11 of the
EAR)
*
Presumption of denial
*
76 FR [INSERT FR
PAGE NUMBER]
12/16/11.
*
*
*
Dated: December 12, 2011.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
*
*
responsive urinary incontinence in
ovariohysterectomized female dogs.
This rule is effective December
16, 2011.
DATES:
[FR Doc. 2011–32341 Filed 12–15–11; 8:45 am]
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Lisa
M. Troutman, Center for Veterinary
Medicine (HFV–116), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, (240) 276–8322,
email: lisa.troutman@fda.hhs.gov.
Food and Drug Administration
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 3510–33–P
21 CFR Part 520
[Docket No. FDA–2011–N–0003]
Oral Dosage Form New Animal Drugs;
Estriol
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect
approval of an original new animal drug
application (NADA) filed by Intervet,
Inc. The NADA provides for the
veterinary prescription use of estriol
tablets for the control of estrogen-
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SUMMARY:
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Jkt 226001
Intervet,
Inc., 556 Morris Ave., Summit, NJ
07901, filed NADA 141–325 that
provides for the veterinary prescription
use of INCURIN (estriol) Tablets for the
control of estrogen-responsive urinary
incontinence in ovariohysterectomized
female dogs. The NADA is approved as
of July 24, 2011, and the regulations are
amended in 21 CFR part 520 to reflect
the approval.
A summary of safety and effectiveness
data and information submitted to
support approval of this application
may be seen in the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852, between
9 a.m. and 4 p.m., Monday through
Friday.
PO 00000
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*
*
The Agency has determined under 21
CFR 25.33 that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
Under section 512(c)(2)(F)(i) of the
Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b(c)(2)(F)(i)), this
approval qualifies for 5 years of
marketing exclusivity beginning on the
date of approval.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
List of Subjects in 21 CFR Part 520
Animal drugs.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 520 is amended as follows:
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]]>Agencies
[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Rules and Regulations]
[Pages 78146-78149]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32341]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 111202715-1724-01]
RIN 0694-AF46
Addition of Certain Persons to the Entity List; and
Implementation of Entity List Annual Review Changes
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: This rule amends the Export Administration Regulations (EAR)
by adding two persons to the Entity List. 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 on the Entity List
under the United Arab Emirates (U.A.E.).
This rule also amends the Entity List on the basis of the annual
review of the Entity List conducted by the End-User Review Committee
(ERC). The ERC conducts the annual review to determine if any entries
on the Entity List should be removed or modified.
This rule removes two persons located in Singapore and two persons
located in Taiwan on the basis of the annual review, and revises the
entry concerning one person located in Malaysia to add an alternate
address.
The Entity List provides notice to the public that certain exports,
reexports, and transfers (in-country) to entities identified on the
Entity List require a license from the Bureau of Industry and Security
(BIS) and that availability of
[[Page 78147]]
license exceptions in such transactions is limited.
DATES: Effective Date: This rule is effective December 16, 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, Email:
ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Entity List (Supplement No. 4 to Part 744) provides notice to
the public that certain exports, reexports, and transfers (in-country)
to entities identified on the Entity List require a license from the
Bureau of Industry and Security and that the availability of license
exceptions in such transactions is limited. Entities are placed on the
Entity List on the basis of certain sections of part 744 (Control
Policy: End-User and End-Use Based) of the EAR.
The ERC, composed of representatives of the Departments of Commerce
(Chair), State, Defense, Energy and, when appropriate, the Treasury,
makes all decisions regarding additions to, removals from, or other
modifications 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
This rule implements the decision of the ERC to add two 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 two
entries added to the Entity List consist of two persons located in the
U.A.E.
The ERC reviewed Section 744.11(b) (Criteria for revising the
Entity List) in making the determination to add the two persons located
in the U.A.E. to the Entity List. Under that paragraph, persons for
which there is reasonable cause to believe, based on specific and
articulable facts, that the persons 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 persons may be
added to the Entity List pursuant to Section 744.11. Paragraphs (b)(1)-
(b)(5) of Section 744.11 include an illustrative list of activities
that could be contrary to the national security or foreign policy
interests of the United States.
The two persons in the U.A.E. 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. Specifically, BIS's Office of Export
Enforcement is investigating the presence of Blue Coat internet
filtering devices in Syria and has developed evidence regarding the
parties involved in the transfer of these devices to Syria. Waseem
Jawad, using the company name Infotec, a.k.a., Info Tech, ordered
multiple Blue Coat SG9000-20 Proxy devices in December 2010 from a Blue
Coat authorized distributor in the U.A.E. That authorized distributor
in turn placed an order for the devices with Blue Coat. A December 2010
email notification identified the end-user of the Blue Coat products
for this order as the Ministry of Communication (National Telecom), Al
Fadi Street, Baghdad, Iraq. In February 2011, the devices were shipped
from the United States to the United Arab Emirates, and ownership was
transferred to Waseem Jawad, Info Tech, RAKFTZ, U.A.E. Approximately
three days later, the devices departed the U.A.E. for delivery to
Syria. Several of these devices have been identified by serial number
as the devices being used by the Syrian Telecommunications
Establishment in Damascus, Syria. The investigation is ongoing and
additional parties related to these transactions may be added to the
Entity List in the future.
For the two 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. The
license requirement applies to any transaction in which items are to be
exported, reexported, or transferred (in-country) to such persons or in
which such persons act as purchaser, intermediate consignee, ultimate
consignee, or end-user. In addition, no license exceptions are
available for exports, reexports, or transfers (in-country) to those
persons being added to the Entity List.
This final rule adds the following two persons under two entries to
the Entity List:
United Arab Emirates
(1) Infotec, a.k.a., Info Tech., Ras Al Khaimah Free Trade Zone
(RAKFTZ), U.A.E.; and
(2) Waseem Jawad, Ras Al Khaimah Free Trade Zone (RAKFTZ), U.A.E.;
and P.O. Box: 25123, Dubai U.A.E.
Annual Review of the Entity List
This rule also amends the Entity List on the basis of the annual
review of the Entity List conducted by the ERC, in accordance with the
procedures outlined in Supplement No. 5 to part 744 (Procedures for
End-User Review Committee Entity List Decisions). The changes from the
annual review of the Entity List that are approved by the ERC are
implemented in stages as the ERC completes its review of entities
listed under different destinations on the Entity List. This rule
implements the results of the annual review for entities located in
Malaysia, Singapore, and Taiwan.
A. Removals From the Entity List
This rule removes four entities from the Entity List, which
consists of two entities from Singapore and two entities from Taiwan.
Specifically, this rule implements the decision of the ERC to remove
two entities, Strive Components and Synoptics Imaging Systems Pte Ltd.,
located in Singapore, and two entities, Christine Sun and In-Tech
Company, a.k.a., In-Tech Telecom, located in Taiwan, from the Entity
List on the basis of the annual review of the Entity List, as follows:
Singapore
(1) Strive Components, Block 10 Toa Payoh Industrial Park Lor 8
01-1221, Singapore, 319062; and
(2) Synoptics Imaging Systems Pte Ltd., 12 Lor Bakar Batu
06-09, Singapore, 348745.
Taiwan
(1) Christine Sun, 7th Floor, Number 17, Zhonghua Rd., Sec 2,
Xinzhuang City, Taipei, Taiwan; and
(2) In-Tech Company, a.k.a., In-Tech Telecom, Number 15, Lane 347,
Jhongjheng Road, Sinjihuang City, Taipei, Taiwan, and 7th Floor, Number
17, Zhonghua Rd., Sec 2, Xinzhuang City, Taipei, Taiwan.
The removal of the above-referenced four entities from the Entity
List eliminates the existing license requirements in Supplement No. 4
to part 744 for exports, reexports and transfers (in-country) to the
four entities. However, the removal of these four entities 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
an entity from the Entity List nor the removal of Entity List-based
license requirements relieves persons of their obligations under
General Prohibition 5 in section 736.2(b)(5) of the EAR which provides
that, ``you may not, without a license, knowingly export
[[Page 78148]]
or reexport any item subject to the EAR to an end-user or end-use that
is prohibited by part 744 of the EAR.'' Additionally these removals do
not 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.
B. Modifications to the Entity List
On the basis of a decision made by the ERC during the annual
review, this rule amends one entry currently on the Entity List under
Malaysia by adding an alternate address, as follows:
Malaysia
(1) VTE Industrial Automation SDN BHD, 97C, Jalan Kenari 23,
Puchong Jaya, Puchong, Selangor, Malaysia; and 45-02, Jalan Kenari 19A,
Puchong Jaya, 47100 Malaysia.
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 December 16, 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 January 3, 2012. Any such
items not actually exported or reexported before midnight, on January
3, 2012, require a license in accordance with the EAR.
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,
2011, 76 FR 50661 (August 16, 2011), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. BIS continues to carry out the provisions of the
Export Administration Act, as appropriate and to the extent permitted
by law, pursuant to Executive Order 13222.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. 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 43.8 minutes for a manual or electronic submission. Total
burden hours associated with the PRA and OMB control number 0694-0088
are not expected to increase as a result of this rule. 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 comment 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
protect U.S. national security or foreign policy interests by
preventing 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 Subject in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:
PART 744--[AMENDED]
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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 January 13, 2011, 76 FR 3009,
January 18, 2011; Notice of August 12, 2011, 76 FR 50661 (August 16,
2011); Notice of November 9, 2011, 76 FR 70391 (November 9, 2011).
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2. Supplement No. 4 to part 744 is amended:
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(a) By revising under Malaysia, in alphabetical order, one Malaysian
entity;
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(b) By removing under Singapore, the two Singaporean entities: ``Strive
Components, Block 10 Toa Payoh Industrial Park Lor 8 01-1221,
Singapore, 319062'' and ``Synoptics Imaging Systems Pte Ltd., 12 Lor
Bakar Batu 06-09, Singapore, 348745'';
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(c) By removing under Taiwan, the two Taiwanese entities: ``Christine
Sun,
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7th Floor, Number 17, Zhonghua Rd., Sec 2, Xinzhuang City, Taipei,
Taiwan'' and ``In-Tech Company, a.k.a., In-Tech Telecom, Number 15,
Lane 347, Jhongjheng Road, Sinjihuang City, Taipei, Taiwan, and 7th
Floor, Number 17, Zhonghua Rd., Sec 2, Xinzhuang City, Taipei,
Taiwan''; and
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(d) By adding under United Arab Emirates, in alphabetical order, two
U.A.E. entities:
The additions and revisions read as follows:
Supplement No. 4 to Part 744--Entity List
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License License review Federal Register
Country Entity requirement policy citation
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* * * * * * *
Malaysia
* * * * * * *
VTE Industrial For all items Presumption of 73 FR 54503, 9/22/
Automation SDN BHD, subject to the denial. 08.
97C, Jalan Kenari 23, EAR. (See Sec. 76 FR [INSERT FR
Puchong Jaya, 744.11 of the PAGE NUMBER] 12/
Puchong, Selangor, EAR) 16/11.
Malaysia; and 45-02,
Jalan Kenari 19A,
Puchong Jaya, 47100
Malaysia.
* * * * * * *
United Arab Emirates
* * * * * * *
Infotec, a.k.a., Info For all items Presumption of 76 FR [INSERT FR
Tech, Ras Al Khaimah subject to the denial PAGE NUMBER] 12/
Free Trade Zone EAR. (See Sec. 16/11.
(RAKFTZ), U.A.E. 744.11 of the
EAR)
* * * * * * *
Waseem Jawad, Ras Al For all items Presumption of 76 FR [INSERT FR
Khaimah Free Trade subject to the denial PAGE NUMBER] 12/
Zone (RAKFTZ), EAR. (See Sec. 16/11.
U.A.E.; and P.O. Box: 744.11 of the
25123, Dubai U.A.E. EAR)
* * * * * * *
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Dated: December 12, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-32341 Filed 12-15-11; 8:45 am]
BILLING CODE 3510-33-P
