Addition of Person to the Entity List, 21394-21397 [2014-08701]

Download as PDF 21394 Federal Register / Vol. 79, No. 73 / Wednesday, April 16, 2014 / Rules and Regulations ANM-116-AMOC-REQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. The AMOC approval letter must specifically reference this AD. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2013–0008R1, dated January 22, 2013, for related information. This MCAI may be found in the AD docket on the Internet at https:// www.regulations.gov/ #!documentDetail;D=FAA-2013-0668-0002. (2) Service information identified in this AD that is not incorporated by reference may be obtained at the addresses specified in paragraphs (l)(3) and (l)(4) of this AD. (l) Material Incorporated by Reference pmangrum on DSK3VPTVN1PROD with RULES (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Airbus Mandatory Service Bulletin A300–57–6046, Revision 02, dated June 21, 2013. (ii) Reserved. (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@ airbus.com; Internet https://www.airbus.com. (4) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on April 2, 2014. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2014–08455 Filed 4–15–14; 8:45 am] BILLING CODE 4910–13–P VerDate Mar<15>2010 14:43 Apr 15, 2014 Jkt 232001 DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 140331295–4324–01] RIN 0694–AG14 Addition of Person to the Entity List Bureau of Industry and Security, Commerce. ACTION: Final rule. AGENCY: This rule amends the Export Administration Regulations (EAR) by adding one person under two entries to the Entity List. The person who is added to the Entity List has been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This person will be listed on the Entity List under the destination of Crimea (Occupied) with a cross reference added under Ukraine. DATES: Effective Date: This rule is effective April 16, 2014. 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: SUMMARY: 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 contrary to U.S. national security or foreign policy interests, including terrorism and export control 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 noted in the Federal Register notices adding persons to the Entity List. BIS places entities on the Entity List based PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 on certain sections of part 744 (Control Policy: End-User and End-Use Based) of the EAR. The End-User Review Committee (ERC), composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or 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. The Departments represented on the ERC approved these changes to the Entity List. ERC Entity List Decisions Addition to the Entity List This rule implements the decision of the ERC to add one person under two 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 two entries added to the Entity List consist of one entry in Crimea (Occupied) with an additional entry added to provide a cross reference from Ukraine. The ERC’s decision to add ‘Crimea (Occupied)’ to the Country column of the Entity List results from the U.S. government’s decision to use ‘Crimea (Occupied)’ to describe the purported annexation of Crimea by the Russian Federation. The ERC reviewed § 744.11(b) (Criteria for revising the Entity List) in making the determination to add this one person under two entities to the Entity List. Under that paragraph, persons for whom there is reasonable cause to believe, based on specific and articulable facts, 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. The one person under two entries being added to the entity list is a regional oil and gas company in Crimea, Chernomorneftegaz, a.k.a. Chornomornaftogaz and NJSC Chornomornaftogaz, which is a subsidiary of Naftogaz. Chernomorneftegaz, a.k.a. Chornomornaftogaz and NJSC Chornomornaftogaz, has 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. The U.S. Government has determined that the E:\FR\FM\16APR1.SGM 16APR1 pmangrum on DSK3VPTVN1PROD with RULES Federal Register / Vol. 79, No. 73 / Wednesday, April 16, 2014 / Rules and Regulations Russian Federation’s actions—including the recent deployment of Russian Federation military forces in the Crimea area of Ukraine (Occupied Crimea)—are in clear violation of Ukrainian sovereignty and territorial integrity and a breach of international law, including Russia’s obligations under the United Nations Charter and under its 1997 military basing agreement with Ukraine. They are also inconsistent with the 1994 Budapest Memorandum, under which, in response to certain commitments by Ukraine, Russia, the United States and the United Kingdom, the signatories consecrated the sovereignty and territorial integrity of Ukraine as an independent state by applying the principles of territorial integrity and nonintervention found in Helsinki Final Act, the accords signed by the Conference on Security and Cooperation in Europe of 1975. The Russian Federation’s actions also conflict with the Vienna Document of 1979, as adopted by the members of the Organization for Security and Cooperation in Europe (of which the Russian Federation is a member), which includes a provision for exchange and verification of military information among membership, including but not limited to prior notification of military activities such as major troop exercises. On March 6, 2014, the President of the United States issued Executive Order 13660 (79 FR 13491), Blocking Property of Certain Persons Contributing to the Situation in Ukraine, finding that the actions and policies of persons including persons who have asserted governmental authority in the Crimean region (Occupied Crimea) without the authorization of the Government of Ukraine undermine democratic processes and institutions in Ukraine; threaten its peace, security, stability, sovereignty, and territorial integrity; and contribute to the misappropriation of its assets, constitute an unusual and extraordinary threat to the national security and foreign policy of the United States, and declaring a national emergency to deal with that threat. Specifically, Executive Order 13660 blocks all property and interests in property that are in the United States, that come within the United States, or that are or come within the possession or control of any United States person (including any foreign branch) of any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, to be responsible for or complicit in, or to have engaged in, directly or indirectly, misappropriation of state assets of Ukraine or of an economically significant entity in Ukraine, among other activities. In VerDate Mar<15>2010 14:43 Apr 15, 2014 Jkt 232001 conjunction with the Department of the Treasury’s designation of Chernomorneftegaz, a.k.a. Chornomornaftogaz and NJSC Chornomornaftogaz, under Executive Order 13660, the Department of Commerce is imposing a license requirement for exports, reexports and transfers (in-country) to Chernomorneftegaz, a.k.a. Chornomornaftogaz and NJSC Chornomornaftogaz. Imposition of this license requirement implements an appropriate measure within the authority of the EAR to carry out the provisions of Executive Order 13660. The entity being added to the Entity List under this rule, Chernomorneftegaz, a.k.a. Chornomornaftogaz and NJSC Chornomornaftogaz, and its assets, were misappropriated. Pursuant to § 744.11 of the EAR, the ERC determined that the conduct of this person raises sufficient concern that prior review of exports, reexports, or transfers (in-country) of items subject to the EAR involving this person, and the possible imposition of license conditions or license denials on shipments to this person, will enhance BIS’s ability to protect the foreign policy and national security interests of the United States. For the one person under two entries added to the Entity List, the ERC specified a license requirement for all items subject to the EAR and a license review policy of presumption of denial. The license requirements apply to any transaction in which items are to be exported, reexported, or transferred (incountry) to this person or in which this person acts as purchaser, intermediate consignee, ultimate consignee, or enduser. In addition, no license exceptions are available for exports, reexports, or transfers (in-country) to this person being added to the Entity List in this rule. This final rule adds the following one person under two entries to the Entity List: Crimea (Occupied) (1) Chernomorneftegaz, a.k.a., the following two aliases: —Chornomornaftogaz, and —NJSC Chornomornaftogaz. Kirova/per. Sovnarkomovskaya, 52/1, Simferopol, Crimea, 95000, Ukraine. (See Ukraine) Ukraine (1) Chernomorneftegaz, a.k.a., the following two aliases: —Chornomornaftogaz, and —NJSC Chornomornaftogaz. Kirova/per. Sovnarkomovskaya, 52/1, Simferopol, Crimea, 95000, Ukraine. (See also Crimea (Occupied)). PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 21395 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 April 16, 2014, 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). Export Administration Act 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 8, 2013, 78 FR 49107 (August 12, 2013), 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 as amended by Executive Order 13637. Rulemaking Requirements 1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866. 2. Notwithstanding any other provision of law, no person is required to respond to nor be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This regulation involves collections previously approved by OMB under control number 0694–0088, Simplified Network Application Processing System, which E:\FR\FM\16APR1.SGM 16APR1 21396 Federal Register / Vol. 79, No. 73 / Wednesday, April 16, 2014 / Rules and Regulations includes, among other things, license applications and carries a burden estimate of 43.8 minutes for a manual or electronic submission. Total burden hours associated with the PRA and OMB control number 0694–0088 are not expected to increase as a result of this rule. You may send comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by email to Jasmeet_K._ Seehra@omb.eop.gov, or by fax to (202) 395–7285. 3. This rule does not contain policies with Federalism implications as that term is defined in Executive Order 13132. 4. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public comment and a delay in effective date are inapplicable because this regulation involves a military or foreign affairs function of the United States. (See 5 U.S.C. 553(a)(1)). BIS implements this rule to protect U.S. national security or foreign policy interests by preventing items from being exported, reexported, or transferred (in country) to the persons being added to the Entity List. If this rule were delayed to allow for notice and comment and a delay in effective date, then entities being added to the Entity List by this action would continue to be able to receive items without a license and to conduct activities contrary to the national security or foreign policy interests of the United States. In addition, publishing a proposed rule would give these parties notice of the U.S. Government’s intention to place them on the Entity and 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 other measures 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. Accordingly, no regulatory flexibility analysis is required and none has been prepared. List of Subjects in 15 CFR Part 744 Exports, Reporting and recordkeeping requirements, Terrorism. Accordingly, part 744 of the Export Administration Regulations (15 CFR parts 730–774) is amended as follows: PART 744—[AMENDED] 1. The authority citation for 15 CFR part 744 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of August 8, 2013, 78 FR 49107 (August 12, 2013); Notice of September 18, 2013, 78 FR 58151 (September 20, 2013); Notice of November 7, 2013, 78 FR 67289 (November 12, 2013); Notice of January 21, 2014, 79 FR 3721 (January 22, 2014). ■ 2. Supplement No. 4 to part 744 is amended: ■ a. By adding, in alphabetical order, an entry for Crimea (Occupied); and ■ b. By adding under Ukraine, in alphabetical order, one Ukrainian entity. The addition reads as follows: ■ SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST Country Entity License requirement License review policy Federal Register citation * CRIMEA (OCCUPIED). * * Chernomorneftegaz, a.k.a., the following two aliases: —Chornomornaftogaz, and —NJSC Chornomornaftogaz. Kirova/per. Sovnarkomovskaya, 52/1, Simferopol, Crimea, 95000, Ukraine. (See Ukraine). * For all items subject to the EAR (See § 744.11 of the EAR). * * Presumption of denial ...... * 79 FR [INSERT FR PAGE NUMBER IN THE Federal Register], April 16, 2014. * UKRAINE ......... * * Chernomorneftegaz, a.k.a., the following two aliases: —Chornomornaftogaz, and —NJSC Chornomornaftogaz. Kirova/per. Sovnarkomovskaya, 52/1, Simferopol, Crimea, 95000, Ukraine. (See also Crimea (Occupied)). * For all items subject to the EAR. (See § 744.11 of the EAR). * * Presumption of denial ...... * 79 FR [INSERT FR PAGE NUMBER IN THE Federal Register], April 16, 2014. pmangrum on DSK3VPTVN1PROD with RULES * * VerDate Mar<15>2010 * 17:49 Apr 15, 2014 * Jkt 232001 PO 00000 * * * Frm 00012 Fmt 4700 * * * Sfmt 4700 E:\FR\FM\16APR1.SGM * 16APR1 * Federal Register / Vol. 79, No. 73 / Wednesday, April 16, 2014 / Rules and Regulations Dated: April 11, 2014. Eric L. Hirschhorn, Under Secretary of Commerce for Industry and Security (BIS). [FR Doc. 2014–08701 Filed 4–14–14; 11:15 am] BILLING CODE 3510–33–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA–2013–0002; Internal Agency Docket No. FEMA–8329] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA’s Community Status Book (CSB). The CSB is available at https:// www.fema.gov/fema/csb.shtm. DATES: Effective Dates: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact David Stearrett, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:43 Apr 15, 2014 Jkt 232001 private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR Part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the Federal Register. In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA’s initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 21397 floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Considerations. No environmental impact assessment has been prepared. Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988. Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR Part 64 is amended as follows: PART 64—[AMENDED] 1. The authority citation for Part 64 continues to read as follows: ■ Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. § 64.6 [Amended] 2. The tables published under the authority of § 64.6 are amended as follows: ■ E:\FR\FM\16APR1.SGM 16APR1

Agencies

[Federal Register Volume 79, Number 73 (Wednesday, April 16, 2014)]
[Rules and Regulations]
[Pages 21394-21397]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08701]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 140331295-4324-01]
RIN 0694-AG14


Addition of Person to the Entity List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule amends the Export Administration Regulations (EAR) 
by adding one person under two entries to the Entity List. The person 
who is added to the Entity List has been determined by the U.S. 
Government to be acting contrary to the national security or foreign 
policy interests of the United States. This person will be listed on 
the Entity List under the destination of Crimea (Occupied) with a cross 
reference added under Ukraine.

DATES: Effective Date: This rule is effective April 16, 2014.

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 contrary to U.S. national security or foreign policy 
interests, including terrorism and export control 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 noted 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 End-User Review Committee (ERC), composed of representatives of 
the Departments of Commerce (Chair), State, Defense, Energy and, where 
appropriate, the Treasury, makes all decisions regarding additions to, 
removals from, or 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. The 
Departments represented on the ERC approved these changes to the Entity 
List.

ERC Entity List Decisions

Addition to the Entity List

    This rule implements the decision of the ERC to add one person 
under two 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 two entries added to the Entity List consist of one entry 
in Crimea (Occupied) with an additional entry added to provide a cross 
reference from Ukraine. The ERC's decision to add `Crimea (Occupied)' 
to the Country column of the Entity List results from the U.S. 
government's decision to use `Crimea (Occupied)' to describe the 
purported annexation of Crimea by the Russian Federation.
    The ERC reviewed Sec.  744.11(b) (Criteria for revising the Entity 
List) in making the determination to add this one person under two 
entities to the Entity List. Under that paragraph, persons for whom 
there is reasonable cause to believe, based on specific and articulable 
facts, 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.
    The one person under two entries being added to the entity list is 
a regional oil and gas company in Crimea, Chernomorneftegaz, a.k.a. 
Chornomornaftogaz and NJSC Chornomornaftogaz, which is a subsidiary of 
Naftogaz. Chernomorneftegaz, a.k.a. Chornomornaftogaz and NJSC 
Chornomornaftogaz, has 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. The U.S. Government has determined that 
the

[[Page 21395]]

Russian Federation's actions--including the recent deployment of 
Russian Federation military forces in the Crimea area of Ukraine 
(Occupied Crimea)--are in clear violation of Ukrainian sovereignty and 
territorial integrity and a breach of international law, including 
Russia's obligations under the United Nations Charter and under its 
1997 military basing agreement with Ukraine. They are also inconsistent 
with the 1994 Budapest Memorandum, under which, in response to certain 
commitments by Ukraine, Russia, the United States and the United 
Kingdom, the signatories consecrated the sovereignty and territorial 
integrity of Ukraine as an independent state by applying the principles 
of territorial integrity and nonintervention found in Helsinki Final 
Act, the accords signed by the Conference on Security and Cooperation 
in Europe of 1975. The Russian Federation's actions also conflict with 
the Vienna Document of 1979, as adopted by the members of the 
Organization for Security and Cooperation in Europe (of which the 
Russian Federation is a member), which includes a provision for 
exchange and verification of military information among membership, 
including but not limited to prior notification of military activities 
such as major troop exercises.
    On March 6, 2014, the President of the United States issued 
Executive Order 13660 (79 FR 13491), Blocking Property of Certain 
Persons Contributing to the Situation in Ukraine, finding that the 
actions and policies of persons including persons who have asserted 
governmental authority in the Crimean region (Occupied Crimea) without 
the authorization of the Government of Ukraine undermine democratic 
processes and institutions in Ukraine; threaten its peace, security, 
stability, sovereignty, and territorial integrity; and contribute to 
the misappropriation of its assets, constitute an unusual and 
extraordinary threat to the national security and foreign policy of the 
United States, and declaring a national emergency to deal with that 
threat.
    Specifically, Executive Order 13660 blocks all property and 
interests in property that are in the United States, that come within 
the United States, or that are or come within the possession or control 
of any United States person (including any foreign branch) of any 
person determined by the Secretary of the Treasury, in consultation 
with the Secretary of State, to be responsible for or complicit in, or 
to have engaged in, directly or indirectly, misappropriation of state 
assets of Ukraine or of an economically significant entity in Ukraine, 
among other activities. In conjunction with the Department of the 
Treasury's designation of Chernomorneftegaz, a.k.a. Chornomornaftogaz 
and NJSC Chornomornaftogaz, under Executive Order 13660, the Department 
of Commerce is imposing a license requirement for exports, reexports 
and transfers (in-country) to Chernomorneftegaz, a.k.a. 
Chornomornaftogaz and NJSC Chornomornaftogaz. Imposition of this 
license requirement implements an appropriate measure within the 
authority of the EAR to carry out the provisions of Executive Order 
13660. The entity being added to the Entity List under this rule, 
Chernomorneftegaz, a.k.a. Chornomornaftogaz and NJSC Chornomornaftogaz, 
and its assets, were misappropriated. Pursuant to Sec.  744.11 of the 
EAR, the ERC determined that the conduct of this person raises 
sufficient concern that prior review of exports, reexports, or 
transfers (in-country) of items subject to the EAR involving this 
person, and the possible imposition of license conditions or license 
denials on shipments to this person, will enhance BIS's ability to 
protect the foreign policy and national security interests of the 
United States.
    For the one person under two entries added to the Entity List, the 
ERC specified a license requirement for all items subject to the EAR 
and a license review policy of presumption of denial. The license 
requirements apply to any transaction in which items are to be 
exported, reexported, or transferred (in-country) to this person or in 
which this person 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 this 
person being added to the Entity List in this rule.
    This final rule adds the following one person under two entries to 
the Entity List:
Crimea (Occupied)
    (1) Chernomorneftegaz, a.k.a., the following two aliases:

--Chornomornaftogaz, and
--NJSC Chornomornaftogaz.
    Kirova/per. Sovnarkomovskaya, 52/1, Simferopol, Crimea, 95000, 
Ukraine. (See Ukraine)
Ukraine
    (1) Chernomorneftegaz, a.k.a., the following two aliases:

--Chornomornaftogaz, and
--NJSC Chornomornaftogaz.
    Kirova/per. Sovnarkomovskaya, 52/1, Simferopol, Crimea, 95000, 
Ukraine. (See also Crimea (Occupied)).

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 April 16, 2014, 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).

Export Administration Act

    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 8, 2013, 78 FR 49107 (August 12, 2013), 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 as amended by Executive Order 
13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been determined to be not significant for 
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to nor be subject to a penalty for failure to 
comply with a collection of information, subject to the requirements of 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid Office 
of Management and Budget (OMB) Control Number. This regulation involves 
collections previously approved by OMB under control number 0694-0088, 
Simplified Network Application Processing System, which

[[Page 21396]]

includes, among other things, license applications and carries a burden 
estimate of 43.8 minutes for a manual or electronic submission. Total 
burden hours associated with the PRA and OMB control number 0694-0088 
are not expected to increase as a result of this rule. You may send 
comments regarding the collection of information associated with this 
rule, including suggestions for reducing the burden, to Jasmeet K. 
Seehra, Office of Management and Budget (OMB), by email to Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395-7285.
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public comment and a delay in effective date are inapplicable because 
this regulation involves a military or foreign affairs function of the 
United States. (See 5 U.S.C. 553(a)(1)). BIS implements this rule to 
protect U.S. national security or foreign policy interests by 
preventing items from being exported, reexported, or transferred (in 
country) to the persons being added to the Entity List. If this rule 
were delayed to allow for notice and comment and a delay in effective 
date, then entities being added to the Entity List by this action would 
continue to be able to receive items without a license and to conduct 
activities contrary to the national security or foreign policy 
interests of the United States. In addition, publishing a proposed rule 
would give these parties notice of the U.S. Government's intention to 
place them on the Entity and 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 other measures 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. Accordingly, 
no regulatory flexibility analysis is required and none has been 
prepared.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15 
CFR parts 730-774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 continues to read as 
follows:
    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 
U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 
7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 
58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 
1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; 
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 
45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 
Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; 
Notice of August 8, 2013, 78 FR 49107 (August 12, 2013); Notice of 
September 18, 2013, 78 FR 58151 (September 20, 2013); Notice of 
November 7, 2013, 78 FR 67289 (November 12, 2013); Notice of January 
21, 2014, 79 FR 3721 (January 22, 2014).


0
2. Supplement No. 4 to part 744 is amended:
0
a. By adding, in alphabetical order, an entry for Crimea (Occupied); 
and
0
b. By adding under Ukraine, in alphabetical order, one Ukrainian 
entity.
    The addition reads as follows:

                                    Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
                                                                          License review       Federal Register
         Country                  Entity          License requirement         policy               citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
CRIMEA (OCCUPIED)........  Chernomorneftegaz,    For all items         Presumption of        79 FR [INSERT FR
                            a.k.a., the           subject to the EAR    denial.               PAGE NUMBER IN THE
                            following two         (See Sec.   744.11                          Federal Register],
                            aliases:              of the EAR).                                April 16, 2014.
                           --Chornomornaftogaz,
                            and.
                           --NJSC
                            Chornomornaftogaz..
                           Kirova/per.
                            Sovnarkomovskaya,
                            52/1, Simferopol,
                            Crimea, 95000,
                            Ukraine. (See
                            Ukraine).
 
                                                  * * * * * * *
UKRAINE..................  Chernomorneftegaz,    For all items         Presumption of        79 FR [INSERT FR
                            a.k.a., the           subject to the EAR.   denial.               PAGE NUMBER IN THE
                            following two         (See Sec.   744.11                          Federal Register],
                            aliases:              of the EAR).                                April 16, 2014.
                           --Chornomornaftogaz,
                            and.
                           --NJSC
                            Chornomornaftogaz..
                           Kirova/per.
                            Sovnarkomovskaya,
                            52/1, Simferopol,
                            Crimea, 95000,
                            Ukraine. (See also
                            Crimea (Occupied)).
                                                                 * * * * *
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------



[[Page 21397]]

    Dated: April 11, 2014.
Eric L. Hirschhorn,
Under Secretary of Commerce for Industry and Security (BIS).
[FR Doc. 2014-08701 Filed 4-14-14; 11:15 am]
BILLING CODE 3510-33-P
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