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]

Download as PDF 18808 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. srobinson on DSK4SPTVN1PROD with RULES 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, VerDate Mar<15>2010 17:43 Mar 27, 2013 Jkt 229001 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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, E:\FR\FM\28MRR1.SGM 28MRR1 srobinson on DSK4SPTVN1PROD with RULES 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 VerDate Mar<15>2010 17:43 Mar 27, 2013 Jkt 229001 § 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; PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 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 E:\FR\FM\28MRR1.SGM 28MRR1 18810 Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations 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.; srobinson on DSK4SPTVN1PROD with RULES (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 VerDate Mar<15>2010 17:43 Mar 27, 2013 Jkt 229001 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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. E:\FR\FM\28MRR1.SGM 28MRR1 18811 Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations 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 srobinson on DSK4SPTVN1PROD with RULES * * 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. * Jkt 229001 PO 00000 * Frm 00017 Fmt 4700 * Sfmt 4700 E:\FR\FM\28MRR1.SGM * 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. VerDate Mar<15>2010 17:43 Mar 27, 2013 Jkt 229001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\28MRR1.SGM 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 Jkt 229001 PO 00000 Frm 00020 Fmt 4700 Federal Register citation Sfmt 4700 * * 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]


=======================================================================
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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