Addition of Certain Persons to the Entity List; Removal of Person From the Entity List Based on Removal Request; Implementation of Entity List Annual Review Changes, 18808-18814 [2013-07135]
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Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations
Effective 30 MAY 2013
Dallas, TX, Dallas Love Field, ILS OR LOC
RWY 31R, Amdt 5B
Phone: (202) 482–5991, Fax: (202) 482–
3911, Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2013–06793 Filed 3–27–13; 8:45 am]
Background
The Entity List (Supplement No. 4 to
Part 744) notifies the public about
entities that have engaged in activities
that could result in an increased risk of
the diversion of exported, reexported, or
transferred (in-country) items to
weapons of mass destruction (WMD)
programs. Since its initial publication,
grounds for inclusion on the Entity List
have expanded to include activities
sanctioned by the State Department and
activities deemed contrary to the United
States’ national security or foreign
policy interests, including terrorismrelated activities and export controlrelated violations involving abuse of
human rights. Certain exports,
reexports, and transfers (in-country) to
entities identified on the Entity List
require licenses from BIS and are
usually subject to a policy of denial. The
availability of license exceptions in
such transactions is very limited. The
license review policy for each entity is
identified in the License Review Policy
column on the Entity List and the
availability of license exceptions is
published in the Federal Register
notices adding persons to the Entity
List. BIS places entities on the Entity
List based on certain sections of part
744 (Control Policy: End-User and EndUse Based) of the EAR.
The 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 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.
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 130222155–3155–01]
RIN 0694–AF89
Addition of Certain Persons to the
Entity List; Removal of Person From
the Entity List Based on Removal
Request; Implementation of Entity List
Annual Review Changes
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
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AGENCY:
SUMMARY: This rule amends the Export
Administration Regulations (EAR) by
adding eighteen persons to the Entity
List (Supplement No. 4 to Part 744)
under nineteen entries. These persons
have been determined by the U.S.
Government to be acting contrary to the
national security or foreign policy
interests of the United States on the
basis of § 744.11 of the EAR. These
persons will be listed on the Entity List
under China, Germany, Hong Kong,
Ukraine, and United Arab Emirates.
This rule also revises one entry under
Germany to clarify the scope of the
entry by providing two additional
alternate addresses for the listed person.
This rule further removes one entry
under Canada as the result of a
successful removal request. Finally, this
rule notifies the public that the EndUser Review Committee (ERC) has
completed Annual Reviews of
Afghanistan, Greece, India, Russia, and
Ukraine and that no changes are being
made to the Entity List as a result of
these reviews. 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 license exceptions in
such transactions is limited.
DATES: Effective Date: This rule is
effective March 28, 2013.
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,
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ERC Entity List Decisions
Additions to the Entity List
This rule implements the decision of
the ERC to add eighteen persons under
nineteen entries to the Entity List on the
basis of § 744.11 (License requirements
that apply to entities acting contrary to
the national security or foreign policy
interests of the United States) of the
EAR. The eighteen persons under
nineteen entries consist of two entities
in China, one entity in Germany, four
entities in Hong Kong, one entity in
Ukraine and eleven entities in the
United Arab Emirates (U.A.E.). The ERC
reviewed § 744.11(b) (Criteria for
revising the Entity List) in making the
determination to add these eighteen
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persons under nineteen entries to the
Entity List. Under that paragraph,
persons for whom 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. Paragraphs
(b)(1)–(b)(5) of § 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 eighteen persons under nineteen
entries being added to the Entity List
under this rule have been determined by
the ERC to be involved in activities that
are contrary to the national security or
foreign policy interests of the United
States. One of the persons being added
to the Entity List under this rule,
Ukrspetexport, is located in Ukraine.
Ukrspetexport, Ukraine’s state-owned
arms trader, exported military
equipment to a country on the State
Department’s State Sponsors of
Terrorism List. Therefore, pursuant to
§ 744.11(b) of the EAR, the ERC
determined that Ukrspetexport
knowingly and willfully engaged in
activities contrary to US national
security and foreign policy interests.
The ERC has reasonable cause to
believe that the one person being listed
under Germany, Manufacturers
Equipment Organization (MEO), a
company headquartered in Germany,
assisted other persons already listed on
the Entity List, specifically Christof
Schneider and Schneider GMBH, in
transactions involving items subject to
the EAR. Mr. Schneider and his
company were listed on the Entity List
in a Federal Register Notice published
July 21, 2009 (74 FR 35797) as a result
of a February 5, 2009 indictment
stemming from unlawful attempted
shipments to Iran of petrochemical
equipment. The consignee on the recent
transaction, in which MEO assisted
Schneider, also had links to the Iranian
petrochemical industry. Based on
Schneider’s notorious activities, MEO’s
participation with Schneider in the
export of items subject to the EAR to
Iranian interests has led the ERC to
determine that MEO engaged in
activities contrary to U.S. national
security and foreign policy interests and
poses a high risk of involvement in
violations of the EAR.
The ERC also has reasonable cause to
believe that eight of the persons being
added under this rule, all listed under
the U.A.E., Afsari General Trading LLC,
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Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations
Ghasem Afsari, Mohamad Javad, Moh
Khoman, aBensa FZ LLC, Alex Ardalan,
Next Gulf Trading LLC and Dr. Artush
Parsi, actively engaged with Iran in the
trade of items subject to the EAR and
actively misled U.S. exporters and the
U.S. Government in an attempt to
disguise their illicit activities.
Specifically, the above-referenced
persons took the following actions: they
portrayed themselves as the ultimate
consignees for items subject to the EAR
that, during subsequent end-use checks
(EUCs) conducted by BIS Special
Agents, could not be located, claimed to
have purchased the items on behalf of
customers who in fact did not exist, and
claimed to have purchased the items on
behalf of customers who denied any
relationship with any of the eight
persons. Based on their actions and
their known connections to Iran, the
ERC has determined that these persons
are engaged in activities contrary to U.S.
national security and foreign policy
interests and pose a high risk of
involvement in violations of the EAR.
The ERC further has reasonable cause
to believe that three of the persons being
listed under this rule, also located in the
U.A.E., Liberty House Trading LLC,
Hamid Rashed, and David Khayam,
attempted to procure items subject to
the EAR on behalf of entities in Iran that
support the Iranian government’s
nuclear and missile programs.
Additionally, these three persons
actively misled U.S. exporters and the
U.S. Government as to the true
destination of those items. After
refusing to allow BIS to conduct a postshipment verification check (PSV),
Liberty House Trading LLC began doing
business under the name Baet Alhoreya
Electronics Trading (Baet Alhoreya). BIS
was eventually able to conduct a PSV at
the offices of Baet Alhoreya, which was
negative. Based on their actions, the
ERC has determined that Liberty House,
Baet Alhoreya and certain individuals
employed by the company (i.e., Hamid
Rashed and David Khayam) are engaged
in activities contrary to U.S. national
security and foreign policy interests and
pose a high risk of involvement in
violations of the EAR.
Additionally, the ERC has reasonable
cause to believe that the five persons
being listed in six entries under China
and Hong Kong, Giant Base Asia
Limited, Jadeshine, Jadeshine
Engineering HK Co, Jadeshine
Engineering (HK) Co., and Jason Shuai,
obtained a U.S.-origin laser system and
provided it to the Chinese Academy of
Launch Vehicle Technology (CALT),
which is involved in the design,
development or production of rocket
systems for China. Pursuant to
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§ 744.3(a)(3) of the EAR, a license is
required for the shipment of any item
subject to the EAR that will be used in
the design, development or production
of rocket systems by a Country Group
D:4 country (including China).
Therefore, based on their actions, the
ERC has determined that these five
persons are engaged in activities
contrary to U.S. national security and
foreign policy interests and pose a high
risk of involvement in violations of the
EAR.
Pursuant to § 744.11(b)(3) and (b)(5) of
the EAR, the ERC determined that the
above conduct raises sufficient concern
that prior review of exports, reexports,
or transfers (in-country) of items subject
to the EAR involving these eighteen
persons under nineteen entries being
listed on the Entity List, and the
possible imposition of license
conditions or license denials, will
enhance BIS’s ability to prevent
violations of the EAR. For the eighteen
persons under nineteen entries being
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
acts as purchaser, intermediate
consignee, ultimate consignee, or enduser. In addition, no license exceptions
are available for exports, reexports, or
transfers (in-country) to the eighteen
persons under nineteen entries being
added to the Entity List.
This final rule adds the following
eighteen persons under nineteen entries
to the Entity List:
China
(1) Jadeshine,
R1102 B Tainyuangang Center, Dong
San Bei Lu Bing 2, Chaoyang District,
Beijing, China;
(2) Jadeshine Engineering HK Co.,
Shanghai, China; and Langfang, China.
Germany
(1) Manufacturers Equipment
Organization (MEO), a.k.a. the following
one alias:
—MEO GMBH
P.O Box 501168, D–42904,
Wermelskirchen, Germany; and
Neuenhaus 96, 42929, Wermelskirchen,
Germany.
Hong Kong
(1) Giant Base Asia Limited,
Room 2205, 22/F, Kowloon Building,
555 Nathan Road, Hong Kong;
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18809
(2) Jadeshine Engineering (HK) Co.,
Room 702, Boss Commercial Centre,
Ferry Street 38, Kowloon, Hong Kong;
(3) Jadeshine Engineering HK Co.,
G/F Blk C, 255 Tau Wai, DD 123 Lot,
Yuen Long, Hong Kong;
(4) Jason Shuai, a.k.a. the following
one alias:
—Jason Shine
Hong Kong.
Ukraine
(1) Ukrspetexport,
36 Degtiarivska Blvd., Ukraine 04119
Kyiv.
United Arab Emirates
(1) aBensa FZ LLC, a.k.a. the
following one alias:
—BiotaGroup Company
Al Thuraya Tower 1, 9th Floor, Office
907, P.O. Box: 500097, Dubai, U.A.E.;
and
Al Thuraya Tower 1, Media City, Dubai,
U.A.E.;
(2) Afsari General Trading LLC,
Mezzanine Fl, No. M–7, Al Bakhit
Centre, Abu-Bakr Rd, Deira, Dubai,
U.A.E.; and
No. 405, Albakhit Centre, Abu-Bakr, AEDubai, U.A.E.; and
P.O. Box 40150, Al Bakhit Centre,
Messanine Floor, M–7, Deira, Dubai,
U.A.E.;
(3) Alex Ardalan,
Al Thuraya Tower 1, 9th Floor, Office
907, P.O. Box: 500097, Dubai, U.A.E.;
(4) David Khayam,
Apt #1811 Manchester Tower, Dubai
Marina, Dubai, U.A.E.; and
PO Box 111831, Al Daghaya, Dubai,
U.A.E.; and
Dubai Shopping Center, Office 13,
Dubai, U.A.E.;
(5) Dr. Artush Parsi,
No. 75 Noor Mohammed Taleb
Building, Opposite to Ascot Hotel,
Khaleed-bin-Valid Rd, Bur Dubai,
Dubai, U.A.E.; and
No. 7 Noor Mohammad Taleb Bldg.
Opp. Ascot Hotel Khalid Bin Rd,
Dubai, U.A.E.; and
No. 705, Noor Mohammad Taleb Bldg,
Bin Valid Road, Dubai, U.A.E.; and
P.O. Box 122114, Dubai, U.A.E.; and
P.O. 111837, Dubai, U.A.E.;
(6) Ghasem Afsari,
No. 405, Albakhit Centre, Abu-Bakr, AEDubai, U.A.E.; and
P.O. Box 40150, Al Bakhit Centre,
Messanine Floor, M–7, Deira, Dubai,
U.A.E.; and
Mezzanine Fl, No. M–7, Al Bakhit
Centre, Abu-Bakr Rd, Deira, Dubai,
U.A.E.; and
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No. 75 Noor Mohammed Taleb
Building, Opposite to Ascot Hotel,
Khaleed-bin-Valid Rd, Bur Dubai,
Dubai, U.A.E.; and
No. 7 Noor Mohammad Taleb Bldg.
Opp. Ascot Hotel Khalid Bin Rd,
Dubai, U.A.E.; and
No. 705, Noor Mohammad Taleb Bldg,
Bin Valid Road, Dubai, U.A.E.; and
P.O. Box 122114, Dubai, U.A.E.; and
P.O. 111837, Dubai, U.A.E.;
(7) Hamid Rashed,
Apt #1811 Manchester Tower, Dubai
Marina, Dubai, U.A.E.; and
PO Box 111831, Al Daghaya, Dubai,
U.A.E.; and
Dubai Shopping Center, Office 13,
Dubai, U.A.E.;
(8) Liberty House Trading LLC, a.k.a.
the following two aliases:
—Baet Alhoreya Electronics Trading;
and
—Baet Alhoreya,
Apt #1811 Manchester Tower, Dubai
Marina, Dubai, U.A.E.; and
PO Box 111831, Al Daghaya, Dubai,
U.A.E.; and
Dubai Shopping Center, Office 13,
Dubai, U.A.E.;
(9) Moh Khoman,
No. 405, Albakhit Centre, Abu-Bakr, AEDubai, U.A.E.; and
P.O. Box 40150, Al Bakhit Centre,
Messanine Floor, M–7, Deira, Dubai,
U.A.E.; and
Mezzanine Fl, No. M–7, Al Bakhit
Centre, Abu-Bakr Rd, Deira, Dubai,
U.A.E.;
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(10) Mohamad Javad,
No. 405, Albakhit Centre, Abu-Bakr, AEDubai, U.A.E.; and
P.O. Box 40150, Al Bakhit Centre,
Messanine Floor, M–7, Deira, Dubai,
U.A.E.; and
Mezzanine Fl, No. M–7, Al Bakhit
Centre, Abu-Bakr Rd, Deira, Dubai,
U.A.E.;
(11) Next Gulf Trading LLC,
No. 75 Noor Mohammed Taleb
Building, Opposite to Ascot Hotel,
Khaleed-bin-Valid Rd, Bur Dubai,
Dubai, U.A.E.; and
No. 7 Noor Mohammad Taleb Bldg.
Opp. Ascot Hotel Khalid Bin Rd,
Dubai, U.A.E.; and
No. 705, Noor Mohammad Taleb Bldg,
Bin Valid Road, Dubai, U.A.E.; and
P.O. Box 122114, Dubai, U.A.E.; and
P.O. 111837, Dubai, U.A.E.
Modification to the Entity List
On the basis of a decision made by the
ERC, in addition to the eighteen persons
under nineteen entries described above,
this rule amends one entry currently on
the Entity List under Germany. The
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amendment provides two alternate
addresses for this listed person, as
follows:
Germany
(1) Christof Schneider,
Margaretenweg #10, 42929
Wermelskirchen, Germany; and
P.O Box 501168, D–42904,
Wermelskirchen, Germany; and
Neuenhaus 96, 42929, Wermelskirchen,
Germany.
Removal From the Entity List
This rule implements an ERC decision
to remove one person, Atlas Electronic
Systems, located in Canada, from the
Entity List as a result of the person’s
successful request for removal. Based
upon the review of the information
provided in the removal request in
accordance with § 744.16 (Procedure for
requesting removal or modification of
an Entity List entity), and after review
by the ERC’s member agencies, the ERC
determined that Atlas Electronic
Systems should be removed from the
Entity List.
The ERC’s decision to remove Atlas
Electronic Systems took into account its
cooperation with the U.S. Government,
as well as its assurances of future
compliance with the EAR. In
accordance with § 744.16(c), the Deputy
Assistant Secretary for Export
Administration has sent written
notification to Atlas Electronic Systems,
informing it of the ERC’s decision to
remove them from the Entity List. This
final rule implements the decision to
remove the following person from the
Entity List:
Canada
(1) Atlas Electronic Systems (AES),
7320 St. Jacques St., W. Montreal, QC,
H4B1W1, Canada.
The removal of the above-referenced
entity on the basis of a § 744.16 removal
request that was approved by the ERC,
eliminates the existing license
requirements in Supplement No. 4 to
part 744 for exports, reexports, and
transfers (in-country) to this entity.
However, the removal of this entity 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
§ 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
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the EAR.’’ Additionally, this removal
does 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.
Annual Review of the Entity List
This rule also provides notice that the
ERC has concluded annual reviews of
the Entity List for entities located in five
countries, in accordance with the
procedures outlined in Supplement No.
5 to part 744 (Procedures for End-User
Review Committee Entity List
Decisions). The ERC has concluded its
annual review for entities located in
Afghanistan, Greece, India, Russia, and
Ukraine. No changes are made to the
Entity List as a result of these reviews.
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.
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 en route aboard a
carrier to a port of export or reexport, on
March 28, 2013, 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).
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 amended by
Executive Order 13637 of March 8,
2013, 78 FR 16129 (March 13, 2013),
and as extended by the Notice of August
15, 2012, 77 FR 49699 (August 16,
2012), 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. This rule has been determined to be
not significant for purposes of Executive
Order 12866.
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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. This
rule does not alter any information
collection requirements; therefore, 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 30-day 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
Country
*
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:
Entity
*
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 19, 2012, 77 FR 3067
(January 20, 2012); Notice of August 15,
2012, 77 FR 49699 (August 16, 2012); Notice
of September 11, 2012, 77 FR 56519
(September, 12, 2012); Notice of November 1,
2012, 77 FR 66513 (November 5, 2012).
2. Supplement No. 4 to part 744 is
amended:
■ a. By removing under Canada, one
Canadian entity: ‘‘Atlas Electronic
Systems (AES), 7320 St. Jacques St., W.
Montreal, QC, H4B1W1, Canada.’’;
■ b. By adding under China, in
alphabetical order, two Chinese entities;
■ c. By revising under Germany, one
German entity;
■ d. By adding under Germany, in
alphabetical order, one German entity;
■ e. By adding under Hong Kong, in
alphabetical order, four Hong Kong
entities;
■ f. By adding under Ukraine, in
alphabetical order, one Ukrainian entity;
and
■ g. By adding under United Arab
Emirates, in alphabetical order, eleven
Emirati entities.
The revisions read as follows:
■
Supplement No. 4 to Part 744—Entity
List
License review
policy
License requirement
*
PART 744—[AMENDED]
*
Federal Register citation
*
*
*
CHINA
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*
*
GERMANY
VerDate Mar<15>2010
*
*
Jadeshine,
R1102
B
Tainyuangang Center, Dong
San Bei Lu Bing 2, Chaoyang
District, Beijing, China.
Jadeshine Engineering HK Co.,
Shanghai,
China;
and
Langfang, China. (See alternate address under Hong
Kong).
*
17:43 Mar 27, 2013
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
*
Presumption of
denial.
*
*
78 FR [INSERT FR PAGE NUMBER] 3/28/13.
For all items subject to the EAR.
(See § 744.11 of the EAR).
Presumption of
denial.
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
*
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*
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*
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*
28MRR1
*
18812
Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations
Country
License review
policy
Entity
License requirement
*
*
*
Christof
Schneider,
Margaretenweg #10, 42929
Wermelskirchen, Germany; and
P.O Box 501168, D–42904,
Wermelskirchen, Germany; and
Neuenhaus
96,
42929,
Wermelskirchen, Germany.
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
*
Presumption of
denial.
*
*
74 FR 35797 7/21/09 78 FR [INSERT FR PAGE NUMBER ] 3/
28/13.
*
*
*
Manufacturers Equipment Organization (MEO), a.k.a. the following one alias: -MEO GMBH
P.O Box 501168, D–42904,
Wermelskirchen, Germany; and
Neuenhaus
96,
42929,
Wermelskirchen, Germany.
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
*
Presumption of
denial.
*
*
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
*
HONG KONG
*
*
*
Federal Register citation
*
*
*
*
*
*
Giant Base Asia Limited Room
2205, 22/F, Kowloon Building,
555 Nathan Road, Hong Kong.
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
*
Presumption of
denial.
*
*
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
*
*
*
Jadeshine Engineering (HK) Co.,
Room 702, Boss Commercial
Centre,
Ferry
Street
38,
Kowloon, Hong Kong.
Jadeshine Engineering HK Co.,
G/F Blk C, 255 Tau Wai, DD
123 Lot, Yuen Long, Hong
Kong. (See alternate address
under China).
Jason Shuai a.k.a. the following
one alias: -Jason Shine Hong
Kong.
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
*
Presumption of
denial.
*
*
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
For all items subject to the EAR.
(See § 744.11 of the EAR).
Presumption of
denial.
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
For all items subject to the EAR.
(See § 744.11 of the EAR).
Presumption of
denial.
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
*
*
*
*
*
*
*
UKRAINE
*
*
*
*
Ukrspetexport, 36 Degtiarivska
Blvd., Ukraine 04119 Kyiv.
*
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
*
*
*
Presumption of
denial.
*
*
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
*
*
*
UNITED ARAB
EMIRATES
srobinson on DSK4SPTVN1PROD with RULES
*
VerDate Mar<15>2010
*
*
aBensa FZ LLC, a.k.a. the following one alias: -BiotaGroup
Company Al Thuraya Tower 1,
9th Floor, Office 907, P.O. Box:
500097, Dubai, U.A.E.; and Al
Thuraya Tower 1, Media City,
Dubai, U.A.E..
19:28 Mar 27, 2013
Jkt 229001
PO 00000
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
Frm 00018
Fmt 4700
Sfmt 4700
*
Presumption of
denial.
E:\FR\FM\28MRR1.SGM
*
*
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
28MRR1
Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations
License review
policy
Entity
License requirement
*
*
*
Afsari General Trading LLC, Mezzanine Fl, No. M–7, Al Bakhit
Centre, Abu-Bakr Rd, Deira,
Dubai, U.A.E.; and No. 405,
Albakhit Centre, Abu-Bakr, AEDubai, U.A.E.; and P.O. Box
40150, Al Bakhit Centre,
Messanine Floor, M–7, Deira,
Dubai, U.A.E.
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
*
Presumption of
denial.
*
*
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
*
*
*
Alex Ardalan, Al Thuraya Tower
1, 9th Floor, Office 907, P.O.
Box: 500097, Dubai, U.A.E.
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
*
Presumption of
denial.
*
*
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
*
*
*
David Khayam, Apt #1811 Manchester Tower, Dubai Marina,
Dubai, U.A.E.; and PO Box
111831, Al Daghaya, Dubai,
U.A.E.; and Dubai Shopping
Center, Office 13, Dubai,
U.A.E.
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
*
Presumption of
denial.
*
*
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
*
*
*
Dr. Artush Parsi, No. 75 Noor
Mohammed Taleb Building, Opposite to Ascot Hotel, Khaleedbin-Valid Rd, Bur Dubai, Dubai,
U.A.E.; and No. 7 Noor Mohammad Taleb Bldg. Opp.
Ascot Hotel Khalid Bin Rd,
Dubai, U.A.E.; and No. 705,
Noor Mohammad Taleb Bldg,
Bin Valid Road, Dubai, U.A.E.;
and P.O. Box 122114, Dubai,
U.A.E.; and P.O. 111837,
Dubai, U.A.E.
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
*
Presumption of
denial.
*
*
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
*
srobinson on DSK4SPTVN1PROD with RULES
Country
18813
*
*
Ghasem Afsari, No. 405, Albakhit
Centre, Abu-Bakr, AE-Dubai,
U.A.E.; and
P.O. Box 40150, Al Bakhit Centre, Messanine Floor, M–7,
Deira, Dubai, U.A.E.; and
Mezzanine Fl, No. M–7, Al Bakhit
Centre, Abu-Bakr Rd, Deira,
Dubai, U.A.E.; and
No. 75 Noor Mohammed Taleb
Building, Opposite to Ascot
Hotel, Khaleed-bin-Valid Rd,
Bur Dubai, Dubai, U.A.E.; and
No. 7 Noor Mohammad Taleb
Bldg. Opp. Ascot Hotel Khalid
Bin Rd, Dubai, U.A.E.; and
No. 705, Noor Mohammad Taleb
Bldg, Bin Valid Road, Dubai,
U.A.E.; and P.O. Box 122114,
Dubai, U.A.E.; and
P.O. 111837, Dubai, U.A.E.
Hamid Rashed, Apt #1811 Manchester Tower, Dubai Marina,
Dubai, U.A.E.; and PO Box
111831, Al Daghaya, Dubai,
U.A.E.; and Dubai Shopping
Center, Office 13, Dubai,
U.A.E.
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
*
Presumption of
denial.
*
*
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
For all items subject to the EAR.
(See § 744.11 of the EAR).
Presumption of
denial.
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
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17:43 Mar 27, 2013
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Federal Register citation
28MRR1
18814
Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations
Country
License review
policy
Entity
License requirement
*
*
*
Liberty House Trading LLC, a.k.a.
the following two aliases: -Baet
Alhoreya Electronics Trading;
and -Baet Alhoreya, Apt #1811
Manchester Tower, Dubai Marina, Dubai, U.A.E.; and PO
Box 111831, Al Daghaya,
Dubai, U.A.E.; and Dubai
Shopping Center, Office 13,
Dubai, U.A.E.
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
*
Presumption of
denial.
*
*
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
*
*
*
Moh Khoman, No. 405, Albakhit
Centre, Abu-Bakr, AE-Dubai,
U.A.E.; and P.O. Box 40150, Al
Bakhit
Centre,
Messanine
Floor, M–7, Deira, Dubai,
U.A.E.; and Mezzanine Fl, No.
M–7, Al Bakhit Centre, AbuBakr Rd, Deira, Dubai, U.A.E.
Mohamad Javad, No. 405,
Albakhit Centre, Abu-Bakr, AEDubai, U.A.E.; and P.O. Box
40150, Al Bakhit Centre,
Messanine Floor, M–7, Deira,
Dubai, U.A.E.; and Mezzanine
Fl, No. M–7, Al Bakhit Centre,
Abu-Bakr Rd, Deira, Dubai,
U.A.E.
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
*
Presumption of
denial.
*
*
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
For all items subject to the EAR.
(See § 744.11 of the EAR).
Presumption of
denial.
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
*
*
Next Gulf Trading LLC, No. 75
Noor Mohammed Taleb Building, Opposite to Ascot Hotel,
Khaleed-bin-Valid
Rd,
Bur
Dubai, Dubai, U.A.E.; and No.
7 Noor Mohammad Taleb Bldg.
Opp. Ascot Hotel Khalid Bin
Rd, Dubai, U.A.E.; and No.
705, Noor Mohammad Taleb
Bldg, Bin Valid Road, Dubai,
U.A.E.; and P.O. Box 122114,
Dubai,
U.A.E.;
and
P.O.
111837, Dubai, U.A.E.
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
*
Presumption of
denial.
*
*
78 FR [INSERT FR PAGE NUMBER ] 3/28/13.
*
*
*
*
Dated: March 21, 2013.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
*
*
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[FR Doc. 2013–07135 Filed 3–27–13; 8:45 am]
15 CFR Part 774
[Docket No. 121025585–3248–01]
BILLING CODE 3510–33–P
RIN 0694–AF73
srobinson on DSK4SPTVN1PROD with RULES
Amendment to the Export
Administration Regulations: List of
Items Classified Under Export Control
Classification 0Y521 Series—
Biosensor Systems
Bureau of Industry and
Security, Commerce.
ACTION: Interim final rule with request
for comments.
AGENCY:
SUMMARY: In this interim final rule, the
Bureau of Industry and Security (BIS)
VerDate Mar<15>2010
17:43 Mar 27, 2013
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*
*
amends the Export Administration
Regulations (EAR) to make certain items
subject to the EAR and to impose on
those items a license requirement for
export and reexport to all destinations,
except Canada. Specifically, this rule
classifies specified biosensor systems,
‘‘software’’ and ‘‘technology’’ under
Export Control Classification Numbers
(ECCNs) 0A521, 0D521 and 0E521,
respectively, on the Commerce Control
List (CCL). As described in the final rule
that established the 0Y521 series and
that was published in the Federal
Register on April 13, 2012 (77 FR
22191), items are added to the 0Y521
series upon a determination by the
Department of Commerce, with the
concurrence of the Departments of
Defense and State, that the items should
E:\FR\FM\28MRR1.SGM
28MRR1
Agencies
[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Rules and Regulations]
[Pages 18808-18814]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07135]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 130222155-3155-01]
RIN 0694-AF89
Addition of Certain Persons to the Entity List; Removal of Person
From the Entity List Based on Removal Request; Implementation of Entity
List Annual Review Changes
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Export Administration Regulations (EAR)
by adding eighteen persons to the Entity List (Supplement No. 4 to Part
744) under nineteen entries. These persons have been determined by the
U.S. Government to be acting contrary to the national security or
foreign policy interests of the United States on the basis of Sec.
744.11 of the EAR. These persons will be listed on the Entity List
under China, Germany, Hong Kong, Ukraine, and United Arab Emirates.
This rule also revises one entry under Germany to clarify the scope of
the entry by providing two additional alternate addresses for the
listed person. This rule further removes one entry under Canada as the
result of a successful removal request. Finally, this rule notifies the
public that the End-User Review Committee (ERC) has completed Annual
Reviews of Afghanistan, Greece, India, Russia, and Ukraine and that no
changes are being made to the Entity List as a result of these reviews.
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 license exceptions in such transactions
is limited.
DATES: Effective Date: This rule is effective March 28, 2013.
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) notifies the public
about entities that have engaged in activities that could result in an
increased risk of the diversion of exported, reexported, or transferred
(in-country) items to weapons of mass destruction (WMD) programs. Since
its initial publication, grounds for inclusion on the Entity List have
expanded to include activities sanctioned by the State Department and
activities deemed contrary to the United States' national security or
foreign policy interests, including terrorism-related activities and
export control-related violations involving abuse of human rights.
Certain exports, reexports, and transfers (in-country) to entities
identified on the Entity List require licenses from BIS and are usually
subject to a policy of denial. The availability of license exceptions
in such transactions is very limited. The license review policy for
each entity is identified in the License Review Policy column on the
Entity List and the availability of license exceptions is published in
the Federal Register notices adding persons to the Entity List. BIS
places entities on the Entity List based on 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, where 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 eighteen
persons under nineteen entries to the Entity List on the basis of Sec.
744.11 (License requirements that apply to entities acting contrary to
the national security or foreign policy interests of the United States)
of the EAR. The eighteen persons under nineteen entries consist of two
entities in China, one entity in Germany, four entities in Hong Kong,
one entity in Ukraine and eleven entities in the United Arab Emirates
(U.A.E.). The ERC reviewed Sec. 744.11(b) (Criteria for revising the
Entity List) in making the determination to add these eighteen persons
under nineteen entries to the Entity List. Under that paragraph,
persons for whom 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. Paragraphs (b)(1)-(b)(5)
of Sec. 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 eighteen persons under nineteen entries being added to the
Entity List under this rule have been determined by the ERC to be
involved in activities that are contrary to the national security or
foreign policy interests of the United States. One of the persons being
added to the Entity List under this rule, Ukrspetexport, is located in
Ukraine. Ukrspetexport, Ukraine's state-owned arms trader, exported
military equipment to a country on the State Department's State
Sponsors of Terrorism List. Therefore, pursuant to Sec. 744.11(b) of
the EAR, the ERC determined that Ukrspetexport knowingly and willfully
engaged in activities contrary to US national security and foreign
policy interests.
The ERC has reasonable cause to believe that the one person being
listed under Germany, Manufacturers Equipment Organization (MEO), a
company headquartered in Germany, assisted other persons already listed
on the Entity List, specifically Christof Schneider and Schneider GMBH,
in transactions involving items subject to the EAR. Mr. Schneider and
his company were listed on the Entity List in a Federal Register Notice
published July 21, 2009 (74 FR 35797) as a result of a February 5, 2009
indictment stemming from unlawful attempted shipments to Iran of
petrochemical equipment. The consignee on the recent transaction, in
which MEO assisted Schneider, also had links to the Iranian
petrochemical industry. Based on Schneider's notorious activities,
MEO's participation with Schneider in the export of items subject to
the EAR to Iranian interests has led the ERC to determine that MEO
engaged in activities contrary to U.S. national security and foreign
policy interests and poses a high risk of involvement in violations of
the EAR.
The ERC also has reasonable cause to believe that eight of the
persons being added under this rule, all listed under the U.A.E.,
Afsari General Trading LLC,
[[Page 18809]]
Ghasem Afsari, Mohamad Javad, Moh Khoman, aBensa FZ LLC, Alex Ardalan,
Next Gulf Trading LLC and Dr. Artush Parsi, actively engaged with Iran
in the trade of items subject to the EAR and actively misled U.S.
exporters and the U.S. Government in an attempt to disguise their
illicit activities. Specifically, the above-referenced persons took the
following actions: they portrayed themselves as the ultimate consignees
for items subject to the EAR that, during subsequent end-use checks
(EUCs) conducted by BIS Special Agents, could not be located, claimed
to have purchased the items on behalf of customers who in fact did not
exist, and claimed to have purchased the items on behalf of customers
who denied any relationship with any of the eight persons. Based on
their actions and their known connections to Iran, the ERC has
determined that these persons are engaged in activities contrary to
U.S. national security and foreign policy interests and pose a high
risk of involvement in violations of the EAR.
The ERC further has reasonable cause to believe that three of the
persons being listed under this rule, also located in the U.A.E.,
Liberty House Trading LLC, Hamid Rashed, and David Khayam, attempted to
procure items subject to the EAR on behalf of entities in Iran that
support the Iranian government's nuclear and missile programs.
Additionally, these three persons actively misled U.S. exporters and
the U.S. Government as to the true destination of those items. After
refusing to allow BIS to conduct a post-shipment verification check
(PSV), Liberty House Trading LLC began doing business under the name
Baet Alhoreya Electronics Trading (Baet Alhoreya). BIS was eventually
able to conduct a PSV at the offices of Baet Alhoreya, which was
negative. Based on their actions, the ERC has determined that Liberty
House, Baet Alhoreya and certain individuals employed by the company
(i.e., Hamid Rashed and David Khayam) are engaged in activities
contrary to U.S. national security and foreign policy interests and
pose a high risk of involvement in violations of the EAR.
Additionally, the ERC has reasonable cause to believe that the five
persons being listed in six entries under China and Hong Kong, Giant
Base Asia Limited, Jadeshine, Jadeshine Engineering HK Co, Jadeshine
Engineering (HK) Co., and Jason Shuai, obtained a U.S.-origin laser
system and provided it to the Chinese Academy of Launch Vehicle
Technology (CALT), which is involved in the design, development or
production of rocket systems for China. Pursuant to Sec. 744.3(a)(3)
of the EAR, a license is required for the shipment of any item subject
to the EAR that will be used in the design, development or production
of rocket systems by a Country Group D:4 country (including China).
Therefore, based on their actions, the ERC has determined that these
five persons are engaged in activities contrary to U.S. national
security and foreign policy interests and pose a high risk of
involvement in violations of the EAR.
Pursuant to Sec. 744.11(b)(3) and (b)(5) of the EAR, the ERC
determined that the above conduct raises sufficient concern that prior
review of exports, reexports, or transfers (in-country) of items
subject to the EAR involving these eighteen persons under nineteen
entries being listed on the Entity List, and the possible imposition of
license conditions or license denials, will enhance BIS's ability to
prevent violations of the EAR. For the eighteen persons under nineteen
entries being 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 acts as purchaser, intermediate consignee, ultimate
consignee, or end-user. In addition, no license exceptions are
available for exports, reexports, or transfers (in-country) to the
eighteen persons under nineteen entries being added to the Entity List.
This final rule adds the following eighteen persons under nineteen
entries to the Entity List:
China
(1) Jadeshine,
R1102 B Tainyuangang Center, Dong San Bei Lu Bing 2, Chaoyang District,
Beijing, China;
(2) Jadeshine Engineering HK Co.,
Shanghai, China; and Langfang, China.
Germany
(1) Manufacturers Equipment Organization (MEO), a.k.a. the
following one alias:
--MEO GMBH
P.O Box 501168, D-42904, Wermelskirchen, Germany; and
Neuenhaus 96, 42929, Wermelskirchen, Germany.
Hong Kong
(1) Giant Base Asia Limited,
Room 2205, 22/F, Kowloon Building, 555 Nathan Road, Hong Kong;
(2) Jadeshine Engineering (HK) Co.,
Room 702, Boss Commercial Centre, Ferry Street 38, Kowloon, Hong Kong;
(3) Jadeshine Engineering HK Co.,
G/F Blk C, 255 Tau Wai, DD 123 Lot, Yuen Long, Hong Kong;
(4) Jason Shuai, a.k.a. the following one alias:
--Jason Shine
Hong Kong.
Ukraine
(1) Ukrspetexport,
36 Degtiarivska Blvd., Ukraine 04119 Kyiv.
United Arab Emirates
(1) aBensa FZ LLC, a.k.a. the following one alias:
--BiotaGroup Company
Al Thuraya Tower 1, 9th Floor, Office 907, P.O. Box: 500097, Dubai,
U.A.E.; and
Al Thuraya Tower 1, Media City, Dubai, U.A.E.;
(2) Afsari General Trading LLC,
Mezzanine Fl, No. M-7, Al Bakhit Centre, Abu-Bakr Rd, Deira, Dubai,
U.A.E.; and
No. 405, Albakhit Centre, Abu-Bakr, AE-Dubai, U.A.E.; and
P.O. Box 40150, Al Bakhit Centre, Messanine Floor, M-7, Deira, Dubai,
U.A.E.;
(3) Alex Ardalan,
Al Thuraya Tower 1, 9th Floor, Office 907, P.O. Box: 500097, Dubai,
U.A.E.;
(4) David Khayam,
Apt 1811 Manchester Tower, Dubai Marina, Dubai, U.A.E.; and
PO Box 111831, Al Daghaya, Dubai, U.A.E.; and
Dubai Shopping Center, Office 13, Dubai, U.A.E.;
(5) Dr. Artush Parsi,
No. 75 Noor Mohammed Taleb Building, Opposite to Ascot Hotel, Khaleed-
bin-Valid Rd, Bur Dubai, Dubai, U.A.E.; and
No. 7 Noor Mohammad Taleb Bldg. Opp. Ascot Hotel Khalid Bin Rd, Dubai,
U.A.E.; and
No. 705, Noor Mohammad Taleb Bldg, Bin Valid Road, Dubai, U.A.E.; and
P.O. Box 122114, Dubai, U.A.E.; and
P.O. 111837, Dubai, U.A.E.;
(6) Ghasem Afsari,
No. 405, Albakhit Centre, Abu-Bakr, AE-Dubai, U.A.E.; and
P.O. Box 40150, Al Bakhit Centre, Messanine Floor, M-7, Deira, Dubai,
U.A.E.; and
Mezzanine Fl, No. M-7, Al Bakhit Centre, Abu-Bakr Rd, Deira, Dubai,
U.A.E.; and
[[Page 18810]]
No. 75 Noor Mohammed Taleb Building, Opposite to Ascot Hotel, Khaleed-
bin-Valid Rd, Bur Dubai, Dubai, U.A.E.; and
No. 7 Noor Mohammad Taleb Bldg. Opp. Ascot Hotel Khalid Bin Rd, Dubai,
U.A.E.; and
No. 705, Noor Mohammad Taleb Bldg, Bin Valid Road, Dubai, U.A.E.; and
P.O. Box 122114, Dubai, U.A.E.; and
P.O. 111837, Dubai, U.A.E.;
(7) Hamid Rashed,
Apt 1811 Manchester Tower, Dubai Marina, Dubai, U.A.E.; and
PO Box 111831, Al Daghaya, Dubai, U.A.E.; and
Dubai Shopping Center, Office 13, Dubai, U.A.E.;
(8) Liberty House Trading LLC, a.k.a. the following two aliases:
--Baet Alhoreya Electronics Trading; and
--Baet Alhoreya,
Apt 1811 Manchester Tower, Dubai Marina, Dubai, U.A.E.; and
PO Box 111831, Al Daghaya, Dubai, U.A.E.; and
Dubai Shopping Center, Office 13, Dubai, U.A.E.;
(9) Moh Khoman,
No. 405, Albakhit Centre, Abu-Bakr, AE-Dubai, U.A.E.; and
P.O. Box 40150, Al Bakhit Centre, Messanine Floor, M-7, Deira, Dubai,
U.A.E.; and
Mezzanine Fl, No. M-7, Al Bakhit Centre, Abu-Bakr Rd, Deira, Dubai,
U.A.E.;
(10) Mohamad Javad,
No. 405, Albakhit Centre, Abu-Bakr, AE-Dubai, U.A.E.; and
P.O. Box 40150, Al Bakhit Centre, Messanine Floor, M-7, Deira, Dubai,
U.A.E.; and
Mezzanine Fl, No. M-7, Al Bakhit Centre, Abu-Bakr Rd, Deira, Dubai,
U.A.E.;
(11) Next Gulf Trading LLC,
No. 75 Noor Mohammed Taleb Building, Opposite to Ascot Hotel, Khaleed-
bin-Valid Rd, Bur Dubai, Dubai, U.A.E.; and
No. 7 Noor Mohammad Taleb Bldg. Opp. Ascot Hotel Khalid Bin Rd, Dubai,
U.A.E.; and
No. 705, Noor Mohammad Taleb Bldg, Bin Valid Road, Dubai, U.A.E.; and
P.O. Box 122114, Dubai, U.A.E.; and
P.O. 111837, Dubai, U.A.E.
Modification to the Entity List
On the basis of a decision made by the ERC, in addition to the
eighteen persons under nineteen entries described above, this rule
amends one entry currently on the Entity List under Germany. The
amendment provides two alternate addresses for this listed person, as
follows:
Germany
(1) Christof Schneider,
Margaretenweg 10, 42929 Wermelskirchen, Germany; and
P.O Box 501168, D-42904, Wermelskirchen, Germany; and
Neuenhaus 96, 42929, Wermelskirchen, Germany.
Removal From the Entity List
This rule implements an ERC decision to remove one person, Atlas
Electronic Systems, located in Canada, from the Entity List as a result
of the person's successful request for removal. Based upon the review
of the information provided in the removal request in accordance with
Sec. 744.16 (Procedure for requesting removal or modification of an
Entity List entity), and after review by the ERC's member agencies, the
ERC determined that Atlas Electronic Systems should be removed from the
Entity List.
The ERC's decision to remove Atlas Electronic Systems took into
account its cooperation with the U.S. Government, as well as its
assurances of future compliance with the EAR. In accordance with Sec.
744.16(c), the Deputy Assistant Secretary for Export Administration has
sent written notification to Atlas Electronic Systems, informing it of
the ERC's decision to remove them from the Entity List. This final rule
implements the decision to remove the following person from the Entity
List:
Canada
(1) Atlas Electronic Systems (AES),
7320 St. Jacques St., W. Montreal, QC, H4B1W1, Canada.
The removal of the above-referenced entity on the basis of a Sec.
744.16 removal request that was approved by the ERC, eliminates the
existing license requirements in Supplement No. 4 to part 744 for
exports, reexports, and transfers (in-country) to this entity. However,
the removal of this entity 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 Sec.
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.''
Additionally, this removal does 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.
Annual Review of the Entity List
This rule also provides notice that the ERC has concluded annual
reviews of the Entity List for entities located in five countries, in
accordance with the procedures outlined in Supplement No. 5 to part 744
(Procedures for End-User Review Committee Entity List Decisions). The
ERC has concluded its annual review for entities located in
Afghanistan, Greece, India, Russia, and Ukraine. No changes are made to
the Entity List as a result of these reviews. 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.
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 en route aboard a carrier to a port of
export or reexport, on March 28, 2013, 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).
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 amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of
August 15, 2012, 77 FR 49699 (August 16, 2012), 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. This rule has been determined to be not significant for purposes
of Executive Order 12866.
[[Page 18811]]
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. This
rule does not alter any information collection requirements; therefore,
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 30-day 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]
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 January 19, 2012, 77 FR 3067
(January 20, 2012); Notice of August 15, 2012, 77 FR 49699 (August
16, 2012); Notice of September 11, 2012, 77 FR 56519 (September, 12,
2012); Notice of November 1, 2012, 77 FR 66513 (November 5, 2012).
0
2. Supplement No. 4 to part 744 is amended:
0
a. By removing under Canada, one Canadian entity: ``Atlas Electronic
Systems (AES), 7320 St. Jacques St., W. Montreal, QC, H4B1W1,
Canada.'';
0
b. By adding under China, in alphabetical order, two Chinese entities;
0
c. By revising under Germany, one German entity;
0
d. By adding under Germany, in alphabetical order, one German entity;
0
e. By adding under Hong Kong, in alphabetical order, four Hong Kong
entities;
0
f. By adding under Ukraine, in alphabetical order, one Ukrainian
entity; and
0
g. By adding under United Arab Emirates, in alphabetical order, eleven
Emirati entities.
The revisions read as follows:
Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
License review Federal Register
Country Entity License requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
CHINA
* * * * * * *
Jadeshine, R1102 B For all items subject Presumption of 78 FR [INSERT FR PAGE
Tainyuangang Center, to the EAR. (See Sec. denial. NUMBER] 3/28/13.
Dong San Bei Lu Bing 744.11 of the EAR).
2, Chaoyang District,
Beijing, China.
Jadeshine Engineering For all items subject Presumption of 78 FR [INSERT FR PAGE
HK Co., Shanghai, to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
China; and Langfang, 744.11 of the EAR).
China. (See alternate
address under Hong
Kong).
* * * * * * *
GERMANY
[[Page 18812]]
* * * * * * *
Christof Schneider, For all items subject Presumption of 74 FR 35797 7/21/09 78
Margaretenweg 10, 42929 744.11 of the EAR). NUMBER ] 3/28/13.
Wermelskirchen,
Germany; and P.O Box
501168, D-42904,
Wermelskirchen,
Germany; and
Neuenhaus 96, 42929,
Wermelskirchen,
Germany.
* * * * * * *
Manufacturers For all items subject Presumption of 78 FR [INSERT FR PAGE
Equipment to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
Organization (MEO), 744.11 of the EAR).
a.k.a. the following
one alias: -MEO GMBH
P.O Box 501168, D-
42904,
Wermelskirchen,
Germany; and
Neuenhaus 96, 42929,
Wermelskirchen,
Germany.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
HONG KONG
* * * * * * *
Giant Base Asia For all items subject Presumption of 78 FR [INSERT FR PAGE
Limited Room 2205, 22/ to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
F, Kowloon Building, 744.11 of the EAR).
555 Nathan Road, Hong
Kong.
* * * * * * *
Jadeshine Engineering For all items subject Presumption of 78 FR [INSERT FR PAGE
(HK) Co., Room 702, to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
Boss Commercial 744.11 of the EAR).
Centre, Ferry Street
38, Kowloon, Hong
Kong.
Jadeshine Engineering For all items subject Presumption of 78 FR [INSERT FR PAGE
HK Co., G/F Blk C, to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
255 Tau Wai, DD 123 744.11 of the EAR).
Lot, Yuen Long, Hong
Kong. (See alternate
address under China).
Jason Shuai a.k.a. the For all items subject Presumption of 78 FR [INSERT FR PAGE
following one alias: - to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
Jason Shine Hong Kong. 744.11 of the EAR).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
UKRAINE
* * * * * * *
Ukrspetexport, 36 For all items subject Presumption of 78 FR [INSERT FR PAGE
Degtiarivska Blvd., to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
Ukraine 04119 Kyiv. 744.11 of the EAR).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
UNITED ARAB EMIRATES
* * * * * * *
aBensa FZ LLC, a.k.a. For all items subject Presumption of 78 FR [INSERT FR PAGE
the following one to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
alias: -BiotaGroup 744.11 of the EAR).
Company Al Thuraya
Tower 1, 9th Floor,
Office 907, P.O. Box:
500097, Dubai,
U.A.E.; and Al
Thuraya Tower 1,
Media City, Dubai,
U.A.E..
[[Page 18813]]
* * * * * * *
Afsari General Trading For all items subject Presumption of 78 FR [INSERT FR PAGE
LLC, Mezzanine Fl, to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
No. M-7, Al Bakhit 744.11 of the EAR).
Centre, Abu-Bakr Rd,
Deira, Dubai, U.A.E.;
and No. 405, Albakhit
Centre, Abu-Bakr, AE-
Dubai, U.A.E.; and
P.O. Box 40150, Al
Bakhit Centre,
Messanine Floor, M-7,
Deira, Dubai, U.A.E.
* * * * * * *
Alex Ardalan, Al For all items subject Presumption of 78 FR [INSERT FR PAGE
Thuraya Tower 1, 9th to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
Floor, Office 907, 744.11 of the EAR).
P.O. Box: 500097,
Dubai, U.A.E.
* * * * * * *
David Khayam, Apt For all items subject Presumption of 78 FR [INSERT FR PAGE
1811 to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
Manchester Tower, 744.11 of the EAR).
Dubai Marina, Dubai,
U.A.E.; and PO Box
111831, Al Daghaya,
Dubai, U.A.E.; and
Dubai Shopping
Center, Office 13,
Dubai, U.A.E.
* * * * * * *
Dr. Artush Parsi, No. For all items subject Presumption of 78 FR [INSERT FR PAGE
75 Noor Mohammed to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
Taleb Building, 744.11 of the EAR).
Opposite to Ascot
Hotel, Khaleed-bin-
Valid Rd, Bur Dubai,
Dubai, U.A.E.; and
No. 7 Noor Mohammad
Taleb Bldg. Opp.
Ascot Hotel Khalid
Bin Rd, Dubai,
U.A.E.; and No. 705,
Noor Mohammad Taleb
Bldg, Bin Valid Road,
Dubai, U.A.E.; and
P.O. Box 122114,
Dubai, U.A.E.; and
P.O. 111837, Dubai,
U.A.E.
* * * * * * *
Ghasem Afsari, No. For all items subject Presumption of 78 FR [INSERT FR PAGE
405, Albakhit Centre, to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
Abu-Bakr, AE-Dubai, 744.11 of the EAR).
U.A.E.; and
P.O. Box 40150, Al
Bakhit Centre,
Messanine Floor, M-7,
Deira, Dubai, U.A.E.;
and
Mezzanine Fl, No. M-7,
Al Bakhit Centre, Abu-
Bakr Rd, Deira,
Dubai, U.A.E.; and
No. 75 Noor Mohammed
Taleb Building,
Opposite to Ascot
Hotel, Khaleed-bin-
Valid Rd, Bur Dubai,
Dubai, U.A.E.; and
No. 7 Noor Mohammad
Taleb Bldg. Opp.
Ascot Hotel Khalid
Bin Rd, Dubai,
U.A.E.; and.
No. 705, Noor Mohammad
Taleb Bldg, Bin Valid
Road, Dubai, U.A.E.;
and P.O. Box 122114,
Dubai, U.A.E.; and
P.O. 111837, Dubai,
U.A.E.
Hamid Rashed, Apt For all items subject Presumption of 78 FR [INSERT FR PAGE
1811 to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
Manchester Tower, 744.11 of the EAR).
Dubai Marina, Dubai,
U.A.E.; and PO Box
111831, Al Daghaya,
Dubai, U.A.E.; and
Dubai Shopping
Center, Office 13,
Dubai, U.A.E.
[[Page 18814]]
* * * * * * *
Liberty House Trading For all items subject Presumption of 78 FR [INSERT FR PAGE
LLC, a.k.a. the to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
following two 744.11 of the EAR).
aliases: -Baet
Alhoreya Electronics
Trading; and -Baet
Alhoreya, Apt 1811 Manchester
Tower, Dubai Marina,
Dubai, U.A.E.; and PO
Box 111831, Al
Daghaya, Dubai,
U.A.E.; and Dubai
Shopping Center,
Office 13, Dubai,
U.A.E.
* * * * * * *
Moh Khoman, No. 405, For all items subject Presumption of 78 FR [INSERT FR PAGE
Albakhit Centre, Abu- to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
Bakr, AE-Dubai, 744.11 of the EAR).
U.A.E.; and P.O. Box
40150, Al Bakhit
Centre, Messanine
Floor, M-7, Deira,
Dubai, U.A.E.; and
Mezzanine Fl, No. M-
7, Al Bakhit Centre,
Abu-Bakr Rd, Deira,
Dubai, U.A.E.
Mohamad Javad, No. For all items subject Presumption of 78 FR [INSERT FR PAGE
405, Albakhit Centre, to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
Abu-Bakr, AE-Dubai, 744.11 of the EAR).
U.A.E.; and P.O. Box
40150, Al Bakhit
Centre, Messanine
Floor, M-7, Deira,
Dubai, U.A.E.; and
Mezzanine Fl, No. M-
7, Al Bakhit Centre,
Abu-Bakr Rd, Deira,
Dubai, U.A.E.
* * * * * * *
Next Gulf Trading LLC, For all items subject Presumption of 78 FR [INSERT FR PAGE
No. 75 Noor Mohammed to the EAR. (See Sec. denial. NUMBER ] 3/28/13.
Taleb Building, 744.11 of the EAR).
Opposite to Ascot
Hotel, Khaleed-bin-
Valid Rd, Bur Dubai,
Dubai, U.A.E.; and
No. 7 Noor Mohammad
Taleb Bldg. Opp.
Ascot Hotel Khalid
Bin Rd, Dubai,
U.A.E.; and No. 705,
Noor Mohammad Taleb
Bldg, Bin Valid Road,
Dubai, U.A.E.; and
P.O. Box 122114,
Dubai, U.A.E.; and
P.O. 111837, Dubai,
U.A.E.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: March 21, 2013.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2013-07135 Filed 3-27-13; 8:45 am]
BILLING CODE 3510-33-P