Russian Sanctions: Licensing Policy for the Crimea Region of Ukraine, 4776-4779 [2015-01638]
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Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations
(2) 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.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Los Angeles
ACO, to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(j) Related Information
For more information about this AD,
contact Jeffrey W. Palmer, Aerospace
Engineer, Systems and Equipment Branch,
ANM–130L, Los Angeles ACO, FAA, 3960
Paramount Boulevard, Lakewood, CA 90712–
4137; phone: 562–627–5351; fax: 562–627–
5210; email: jeffrey.w.palmer@faa.gov.
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(k) Material Incorporated by Reference
(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 the AD specifies otherwise.
(i) Special Compliance Item (SCI) 34–4,
‘‘Functional Test of the Captain and First
Officer’s Altimeter,’’ of Appendix A—‘‘SCIs,’’
to Boeing Report No. MDC–02K1003, ‘‘Trijet
Special Compliance Item Report,’’ Revision
K, dated February 1, 2013. There is no page
‘‘i’’ identified in this document.
(ii) Special Compliance Item (SCI) 34–1—
‘‘Functional Test of the Captain and First
Officer’s Altimeter,’’ of Appendix A ‘‘SCIs,’’
to Boeing Report No. MDC–92K9145, Twinjet
Special Compliance Item Report, Revision M,
dated February 5, 2013.
(3) For Boeing service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data &
Services Management, 3855 Lakewood
Boulevard, MC D800–0019, Long Beach, CA
90846–0001; telephone 206–544–5000,
extension 2; fax 206–766–5683; Internet
https://www.myboeingfleet.com.
(4) You may view this referenced 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 January
11, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2015–00999 Filed 1–28–15; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 738, 740, 746, and 772
[Docket No. 141218999–4999–01]
RIN 0694–AG43
Russian Sanctions: Licensing Policy
for the Crimea Region of Ukraine
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and
Security (BIS) issues this final rule to
amend the Export Administration
Regulations (EAR) to impose additional
sanctions that implement U.S. policy
toward Russia. Specifically, in this rule
BIS amends the EAR by imposing a
license requirement for the export and
reexport to the Crimea region of
Ukraine, and the transfer within the
Crimea region of Ukraine, of all items
subject to the EAR, other than food and
medicine designated as EAR99. The rule
establishes a presumption of denial for
all such exports or reexports to the
Crimea region of Ukraine and transfers
within the Crimea region of Ukraine,
except with respect to items authorized
under the Department of the Treasury’s
Office of Foreign Assets Control (OFAC)
General License No. 4, which BIS will
review on a case-by-case basis. This
action is consistent with the goals and
objectives of Executive Order 13685 of
December 19, 2014.
DATES: This rule is effective January 29,
2015.
FOR FURTHER INFORMATION CONTACT:
Eileen Albanese, Director, Office of
National Security and Technology
Transfer Controls, Bureau of Industry
and Security, Department of Commerce,
Phone: (202) 482–0092, Fax: (202) 482–
482–3355, Email: rpd2@bis.doc.gov. For
emails, include ‘‘Russia’’ in the subject
line.
SUPPLEMENTARY INFORMATION: The
Bureau of Industry and Security (BIS)
issues this final rule to amend the
Export Administration Regulations
(EAR) to impose additional sanctions
that implement U.S. policy toward
Russia. Specifically, in this rule BIS
amends the EAR by imposing a license
requirement for the export and reexport
to the Crimea region of Ukraine, and the
transfer within the Crimea region of
Ukraine, of all items subject to the EAR,
other than food and medicine
designated as EAR99. For purposes of
this final rule, the term ‘‘Crimea region
of Ukraine’’ includes the land territory
in that region as well as any maritime
SUMMARY:
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area over which sovereignty, sovereign
rights, or jurisdiction is claimed based
on purported sovereignty over that land
territory. The rule establishes a
presumption of denial for all such
exports and reexports to the Crimea
region of Ukraine or transfers within the
Crimea region of Ukraine, except with
respect to items authorized under OFAC
General License No. 4 which BIS will
review on a case-by-case basis.
Licensing Requirements and Policy
Consistent With Executive Order
[Crimea E.O. 13685]
BIS is imposing licensing
requirements with respect to exports
and reexports to the Crimea region of
Ukraine and transfers within the Crimea
region of Ukraine. BIS also is adopting
a presumption of denial for the review
of license applications for such
transactions, with certain exceptions
described below, consistent with the
prohibitions described in Executive
Order 13685 (79 FR 77357), Blocking
Property of Certain Persons and
Prohibiting Certain Transactions with
Respect to the Crimea Region of
Ukraine, issued by the President on
December 19, 2014. This Order took
additional steps to address the national
emergency declared in Executive Order
13660 of March 6, 2014 (as expanded by
Executive Order 13661 of March 16,
2014 and Executive Order 13662 of
March 20, 2014), finding that the actions
and policies of the Government of the
Russian Federation with respect to
Ukraine—including the deployment of
Russian Federation military forces in
the Crimea region 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, and
thereby constitute an unusual and
extraordinary threat to the national
security and foreign policy of the United
States.
Specifically, Executive Order 13685
blocks the property and interests in
property of persons determined to meet
the blocking criteria and prohibits
specified transactions, including
exports, reexports, sales or supply,
directly or indirectly, from the United
States, or by a United States person, of
any goods, services or technology to the
Crimea region of Ukraine. Under
Section 10 of Executive Order 13685, all
agencies of the United States
Government are directed to take all
appropriate measures within their
authority to carry out the provisions of
the Order.
Consistent with the Executive Order’s
prohibitions, the Department of
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Commerce imposes a license
requirement for exports or reexports to
the Crimea region of Ukraine, or
transfers within the Crimea region of
Ukraine, of all items subject to the EAR,
other than food and medicine
designated as EAR99. The rule
establishes a presumption of denial for
all such exports or reexports to the
Crimea region of Ukraine and transfers
within the Crimea region of Ukraine,
except with respect to items not exempt
from the license requirement but
authorized under the Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) General License No. 4
(discussed in greater detail in the next
paragraph) which BIS will review on a
case-by-case basis. This license
requirement implements an appropriate
measure within the authority of BIS
consistent with the provisions of
Executive Order 13685. Certain license
exceptions are available for exports or
reexports to the Crimea region of
Ukraine or transfers within the Crimea
region of Ukraine.
The Department of Commerce’s new
license requirement does not apply to
exports and reexports to the Crimea
region of Ukraine or to transfers within
the Crimea region of Ukraine of food
and medicine designated as EAR99. On
December 19, 2014, in conjunction with
the issuance of Executive Order 13685,
OFAC issued General License No. 4,
Authorizing the Exportation or
Reexportation of Agricultural
Commodities, Medicine, Medical
Supplies, and Replacement Parts and on
December 30, 2014, it issued General
License No. 5, Authorizing Certain
Activities Necessary to Wind Down
Operations Involving the Crimea Region
of Ukraine. See https://
www.treasury.gov/resource-center/
sanctions/Programs/Documents/
ukraine_gl4.pdf and https://
www.treasury.gov/resource-center/
sanctions/Programs/Documents/
ukraine_gl5.pdf.
This final rule includes a savings
clause as described below. If an export,
reexport or transfer (in-country) does
not qualify for the savings clause
described below but falls within the
scope of OFAC’s General License No. 5,
an applicant may note this fact in its BIS
license application either under block
24 or in a separate attachment. BIS will
consider this fact as part of the license
review process.
Revisions to the Export Administration
Regulations
To implement the changes described
above, this final rule adds a new § 746.6
(Crimea region of Ukraine) to part 746
(Embargoes and Other Special Controls)
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of the EAR. The new § 746.6 consists of
three paragraphs. Paragraph (a) imposes
a license requirement for exports and
reexports to the Crimea region of
Ukraine, and the transfer within the
Crimea region of Ukraine, of all items
subject to the EAR, other than food and
medicine designated as EAR99.
Paragraph (a) also includes a definition
of the term ‘Crimea region of Ukraine,’
which specifies that ‘Crimea region of
Ukraine’ includes the land territory in
that region as well as any maritime area
over which sovereignty, sovereign
rights, or jurisdiction is claimed based
on purported sovereignty over that land
territory. Paragraph (b) of the new
section specifies that the license review
policy is a presumption of denial,
except for items authorized under OFAC
General License No. 4 which will be
reviewed on a case-by-case basis.
Paragraph (c) includes an exhaustive
listing of the license exceptions that are
available to overcome the license
requirements in this new section. No
license exceptions other than those
license exceptions or paragraphs of
license exceptions specified in
paragraph (c), are available to overcome
the license requirements of this new
§ 746.6.
The license requirements imposed
under part 746 of the EAR are
independent of the Commerce Control
List (CCL)-based license requirements.
However, this rule adds a new cross
reference to § 746.6 by adding new
footnote 8 to the Commerce Country
Chart in Supplement No. 1 to part 738.
This footnote 8 makes persons aware of
the additional part 746 license
requirements under § 746.6 that apply
for the ‘Crimea region of Ukraine.’ The
new footnote also includes the same
definition of ‘Crimea region of Ukraine’
that this rule adds to § 746.6. When
applying for a license to the Crimea
region of Ukraine, applicants should
select ‘Crimea region’ in the drop down
menu option under the country of
Ukraine in the Simplified Network
Application Processing System (SNAP–
R).
This final rule, as a conforming
change to the addition of § 746.6 and the
restrictions under paragraph (c), adds
‘Crimea region of Ukraine’ to the general
restriction on the use of license
exceptions in § 740.2 of the EAR for
sanctioned countries by revising the
parenthetical phrase ‘‘(Cuba, Iran, North
Korea, and Syria).’’ This final rule adds
‘Crimea region of Ukraine’ to this
parenthetical phrase because the license
requirements under § 746.6 apply to all
items subject to the EAR and the only
license exceptions available to
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overcome the license requirement are
those specified in § 746.6.
Lastly, this final rule revises the
definition of ‘‘food’’ in § 772.1 to
include a reference to ‘Crimea region of
Ukraine’ along with North Korea and
Syria, the two countries that are
referenced in the definition.
Foreign Policy Report
The expansion of license
requirements for exports, reexports or
transfers within the Crimea region of
Ukraine in this rule is the imposition of
a foreign policy control. Section 6(f) of
the Export Administration Act requires
that a report be delivered to Congress
before imposing such controls. The
report was delivered to Congress on
January 26, 2015.
Savings Clause
Shipments of items removed from
eligibility for a License Exception or
export, or reexport without a license
(NLR) as a result of this regulatory
action that were on dock for loading, on
lighter, laden aboard an exporting or
reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on
January 29, 2015, pursuant to actual
orders for export or reexport to a foreign
destination, may proceed to that
destination under the previous
eligibility for a License Exception or
export or reexport without a license
(NLR) so long as they are exported or
reexported before February 1, 2015. Any
such items not actually exported or
reexported before midnight, on February
1, 2015, require a license in accordance
with this rule.
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 7,
2014, 79 FR 46959 (August 11, 2014),
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
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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 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
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 significantly 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 advance U.S. policy toward
Russia and therefore promote U.S.
national security or foreign policy
objectives by immediately preventing
items from being exported, reexported,
or transferred within the Crimea region
of Ukraine. Delay in publication and the
rule’s effective date to allow for notice
and comment would frustrate those
objectives. For example, prior to
publication of this final rule, items
controlled on the Commerce Control
List for Chemical & Biological Weapons
(CB2 and CB3) reasons that required a
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BIS license to be exported or reexported
to Russia could have been exported to
the Crimea region of Ukraine under the
no license required (NLR) designation.
BIS also imposes end use and end user
controls under part 744 and part 746 of
the EAR on certain exports and
reexports to Russia. A delay in
publishing this final rule to obtain
public comments would create an
incentive for persons to export CB2 and
CB3 items to the Crimea region of
Ukraine to circumvent license
requirements for the export of such
items to Russia and for persons to use
the Crimea region of Ukraine to
circumvent part 744 and part 746 end
use and end user license requirements
that apply to Russia. 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
§ 740.2 Restrictions on all license
exceptions.
15 CFR Parts 738 and 772
Exports.
15 CFR Part 740
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 746
Exports, Reporting and recordkeeping
requirements.
Accordingly, parts 738, 740, 746, and
772 of the Export Administration
Regulations (15 CFR parts 730–774) are
amended as follows:
1. The authority citation for 15 CFR
part 738 continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u);
42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of August 7, 2014, 79
FR 46959 (August 11, 2014).
2. Supplement No. 1 to part 738 is
amended by:
■ a. Adding footnote designation ‘‘8’’ to
‘‘Ukraine’’; and
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Supplement No. 1 to Part 738—
Commerce Country Chart
*
*
*
*
*
§ 746.6 for additional license
requirements for all items subject to the
EAR, other than food and medicine
designated as EAR99, for the Crimea
region of Ukraine. The Crimea region of
Ukraine includes the land territory in
that region as well as any maritime area
over which sovereignty, sovereign
rights, or jurisdiction is claimed based
on purported sovereignty over that land
territory.
8 See
PART 740—[AMENDED]
3. The authority citation for 15 CFR
part 740 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. 7201 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of August 7, 2014, 79
FR 46959 (August 11, 2014).
4. Section 740.2 is amended by
revising paragraph (a)(6) to read as
follows:
■
(a) * * *
(6) The export or reexport is to a
sanctioned destination (Cuba, Iran,
North Korea, Syria, and Crimea region
of Ukraine) or a license is required
based on a limited sanction (Russia)
unless a license exception or portion
thereof is specifically listed in the
license exceptions paragraph pertaining
to a particular sanctioned country in
part 746 of the EAR.
*
*
*
*
*
PART 746—[AMENDED]
5. The authority citation for 15 CFR
part 738 continues to read as follows:
■
PART 738—[AMENDED]
■
b. Adding footnote 8.
The addition reads as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503,
Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 6004;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994
Comp., p. 899; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR
26751, 3 CFR, 2004 Comp., p 168;
Presidential Determination 2003–23 of May
7, 2003, 68 FR 26459, May 16, 2003;
Presidential Determination 2007–7 of
December 7, 2006, 72 FR 1899 (January 16,
2007); Notice of May 7, 2014, 79 FR 26589
(May 9, 2014); Notice of August 7, 2014, 79
FR 46959 (August 11, 2014).
■
6. Add § 746.6 to read as follows:
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§ 746.6
Crimea region of Ukraine.
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(a) License requirements—(1) General
prohibition. As authorized by Section 6
of the Export Administration Act of
1979, a license is required to export or
reexport any item subject to the EAR,
other than food and medicine
designated as EAR99, to the Crimea
region of Ukraine. The ‘Crimea region of
Ukraine’ includes the land territory in
that region as well as any maritime area
over which sovereignty, sovereign
rights, or jurisdiction is claimed based
on purported sovereignty over that land
territory. This license requirement
includes transfers within the Crimea
region.
(b) License review policy.
Applications will be reviewed with a
presumption of denial, except for items
authorized under OFAC UkraineRelated General License No. 4 which
will be reviewed on a case-by-case basis.
(c) License exceptions. You may
export, reexport or transfer (in-country)
without a license if your transaction
meets all the applicable terms and
conditions of any of the license
exception paragraphs specified in this
paragraph (c). To determine scope and
eligibility requirements, you will need
to refer to the sections or specific
paragraphs of part 740 (License
Exceptions). Read each license
exception carefully, as the provisions
available for countries subject to
sanctions are generally narrow.
(1) TMP for items for use by the news
media as set forth in § 740.9(a)(9) of the
EAR.
(2) GOV for items for personal or
official use by personnel and agencies of
the U.S. Government, the International
Atomic Energy Agency (IAEA), or the
European Atomic Energy Community
(Euratom) as set forth in § 740.11(a) and
(b)(2) of the EAR.
(3) GFT for gift parcels and
humanitarian donations as set forth in
§ 740.12.
(4) TSU for operation technology and
software for lawfully exported
commodities as set forth in § 740.13(a)
and sales technology as set forth in
§ 740.13 (b) of the EAR.
(5) BAG for exports of items by
individuals leaving the United States as
personal baggage as set forth in
§ 740.14(a) through (d) of the EAR.
(6) AVS for civil aircraft and vessels
as set forth in § 740.15(a)(4) and (d) of
the EAR.
3 CFR, 2001 Comp., p. 783; Notice of August
7, 2014, 79 FR 46959 (August 11, 2014).
8. Section 772.1 is amended by
revising the definition for the term
‘‘Food’’ to read as follows:
■
§ 772.1 Definitions of terms as used in the
Export Administration Regulations (EAR).
*
*
*
*
*
Food. Specific to exports and
reexports to North Korea, Syria and
Crimea region of Ukraine, food means
items that are consumed by and provide
nutrition to humans and animals, and
seeds, with the exception of castor bean
seeds, that germinate into items that
will be consumed by and provide
nutrition to humans and animals. (Food
does not include alcoholic beverages.)
*
*
*
*
*
Dated: January 23, 2015.
Eric L. Hirschhorn,
Under Secretary of Commerce for Industry
and Security.
[FR Doc. 2015–01638 Filed 1–28–15; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 141104925–4925–01]
RIN 0694–AG35
Revisions to the Unverified List (UVL)
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and
Security (BIS) is amending the Export
Administration Regulations (EAR) by
adding fourteen (14) persons, removing
one person, and updating the addresses
of other persons listed on the Unverified
List (the ‘‘Unverified List’’ or UVL). The
14 persons are being added to the UVL
on the basis that BIS could not verify
their bona fides because an end-use
check could not be completed
satisfactorily for reasons outside the
U.S. Government’s control. One person
is removed from the UVL based on BIS’s
ability to verify that person’s bona fides
through the successful completion of an
end-use check. Also, new addresses are
added for two listed persons on the
UVL.
SUMMARY:
Effective date: This rule is
effective: January 29, 2015.
PART 772—[AMENDED]
DATES:
■
7. The authority citation for 15 CFR
part 738 continues to read as follows:
FOR FURTHER INFORMATION CONTACT:
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
Kevin Kurland, Director, Office of
Enforcement Analysis, Bureau of
Industry and Security, Department of
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Commerce, Phone: (202) 482–4255 or by
email at UVLRequest@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Supplement No. 6 to Part 744 (‘‘the
UVL’’) contains the names and
addresses of foreign persons who are or
have been parties to a transaction, as
that term is described in § 748.5 of the
EAR, involving the export, reexport, or
transfer (in-country) of items subject to
the EAR, and whose bona fides BIS has
been unable to verify through an enduse check. BIS may add persons to the
UVL when BIS or federal officials acting
on BIS’s behalf have been unable to
verify a foreign person’s bona fides (i.e.,
legitimacy and reliability relating to the
end use and end user of items subject
to the EAR) because an end-use check,
such as a pre-license check (PLC) or a
post-shipment verification (PSV),
cannot be completed satisfactorily for
such purposes for reasons outside the
U.S. Government’s control.
End-use checks cannot be completed
for a number of reasons, including
reasons unrelated to the cooperation of
the foreign party subject to the end-use
check. For example, BIS sometimes
initiates end-use checks and cannot find
a foreign party at the address indicated
on export documents, and cannot locate
the party by telephone or email.
Additionally, BIS sometimes is unable
to conduct end-use checks when host
government agencies do not respond to
requests to conduct end-use checks, are
prevented from scheduling such checks
by a party to the transaction other than
the foreign party that is the proposed
subject of the end-use check, or refuse
to schedule them in a timely manner.
Under these circumstances, although
BIS has an interest in informing the
public of its inability to verify the
foreign party’s bona fides, there may not
be sufficient information to add the
foreign persons at issue to the Entity
List under § 744.11 of the EAR (Criteria
for revising the Entity List). In such
circumstances, BIS may add the foreign
persons to the UVL.
Furthermore, BIS sometimes conducts
end-use checks but cannot verify the
bona fides of a foreign party. For
example, BIS may be unable to verify
bona fides if during the conduct of an
end-use check a recipient of items
subject to the EAR is unable to produce
those items for visual inspection or
provide sufficient documentation or
other evidence to confirm the
disposition of those items. The inability
of foreign persons subject to end-use
checks to demonstrate their bona fides
raises concerns about the suitability of
such persons as participants in future
E:\FR\FM\29JAR1.SGM
29JAR1
]]>Agencies
[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Rules and Regulations]
[Pages 4776-4779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01638]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 738, 740, 746, and 772
[Docket No. 141218999-4999-01]
RIN 0694-AG43
Russian Sanctions: Licensing Policy for the Crimea Region of
Ukraine
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) issues this final
rule to amend the Export Administration Regulations (EAR) to impose
additional sanctions that implement U.S. policy toward Russia.
Specifically, in this rule BIS amends the EAR by imposing a license
requirement for the export and reexport to the Crimea region of
Ukraine, and the transfer within the Crimea region of Ukraine, of all
items subject to the EAR, other than food and medicine designated as
EAR99. The rule establishes a presumption of denial for all such
exports or reexports to the Crimea region of Ukraine and transfers
within the Crimea region of Ukraine, except with respect to items
authorized under the Department of the Treasury's Office of Foreign
Assets Control (OFAC) General License No. 4, which BIS will review on a
case-by-case basis. This action is consistent with the goals and
objectives of Executive Order 13685 of December 19, 2014.
DATES: This rule is effective January 29, 2015.
FOR FURTHER INFORMATION CONTACT: Eileen Albanese, Director, Office of
National Security and Technology Transfer Controls, Bureau of Industry
and Security, Department of Commerce, Phone: (202) 482-0092, Fax: (202)
482-482-3355, Email: rpd2@bis.doc.gov. For emails, include ``Russia''
in the subject line.
SUPPLEMENTARY INFORMATION: The Bureau of Industry and Security (BIS)
issues this final rule to amend the Export Administration Regulations
(EAR) to impose additional sanctions that implement U.S. policy toward
Russia. Specifically, in this rule BIS amends the EAR by imposing a
license requirement for the export and reexport to the Crimea region of
Ukraine, and the transfer within the Crimea region of Ukraine, of all
items subject to the EAR, other than food and medicine designated as
EAR99. For purposes of this final rule, the term ``Crimea region of
Ukraine'' includes the land territory in that region as well as any
maritime area over which sovereignty, sovereign rights, or jurisdiction
is claimed based on purported sovereignty over that land territory. The
rule establishes a presumption of denial for all such exports and
reexports to the Crimea region of Ukraine or transfers within the
Crimea region of Ukraine, except with respect to items authorized under
OFAC General License No. 4 which BIS will review on a case-by-case
basis.
Licensing Requirements and Policy Consistent With Executive Order
[Crimea E.O. 13685]
BIS is imposing licensing requirements with respect to exports and
reexports to the Crimea region of Ukraine and transfers within the
Crimea region of Ukraine. BIS also is adopting a presumption of denial
for the review of license applications for such transactions, with
certain exceptions described below, consistent with the prohibitions
described in Executive Order 13685 (79 FR 77357), Blocking Property of
Certain Persons and Prohibiting Certain Transactions with Respect to
the Crimea Region of Ukraine, issued by the President on December 19,
2014. This Order took additional steps to address the national
emergency declared in Executive Order 13660 of March 6, 2014 (as
expanded by Executive Order 13661 of March 16, 2014 and Executive Order
13662 of March 20, 2014), finding that the actions and policies of the
Government of the Russian Federation with respect to Ukraine--including
the deployment of Russian Federation military forces in the Crimea
region 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, and thereby constitute an unusual and extraordinary threat to
the national security and foreign policy of the United States.
Specifically, Executive Order 13685 blocks the property and
interests in property of persons determined to meet the blocking
criteria and prohibits specified transactions, including exports,
reexports, sales or supply, directly or indirectly, from the United
States, or by a United States person, of any goods, services or
technology to the Crimea region of Ukraine. Under Section 10 of
Executive Order 13685, all agencies of the United States Government are
directed to take all appropriate measures within their authority to
carry out the provisions of the Order.
Consistent with the Executive Order's prohibitions, the Department
of
[[Page 4777]]
Commerce imposes a license requirement for exports or reexports to the
Crimea region of Ukraine, or transfers within the Crimea region of
Ukraine, of all items subject to the EAR, other than food and medicine
designated as EAR99. The rule establishes a presumption of denial for
all such exports or reexports to the Crimea region of Ukraine and
transfers within the Crimea region of Ukraine, except with respect to
items not exempt from the license requirement but authorized under the
Department of the Treasury's Office of Foreign Assets Control (OFAC)
General License No. 4 (discussed in greater detail in the next
paragraph) which BIS will review on a case-by-case basis. This license
requirement implements an appropriate measure within the authority of
BIS consistent with the provisions of Executive Order 13685. Certain
license exceptions are available for exports or reexports to the Crimea
region of Ukraine or transfers within the Crimea region of Ukraine.
The Department of Commerce's new license requirement does not apply
to exports and reexports to the Crimea region of Ukraine or to
transfers within the Crimea region of Ukraine of food and medicine
designated as EAR99. On December 19, 2014, in conjunction with the
issuance of Executive Order 13685, OFAC issued General License No. 4,
Authorizing the Exportation or Reexportation of Agricultural
Commodities, Medicine, Medical Supplies, and Replacement Parts and on
December 30, 2014, it issued General License No. 5, Authorizing Certain
Activities Necessary to Wind Down Operations Involving the Crimea
Region of Ukraine. See https://www.treasury.gov/resource-center/sanctions/Programs/Documents/ukraine_gl4.pdf and https://www.treasury.gov/resource-center/sanctions/Programs/Documents/ukraine_gl5.pdf.
This final rule includes a savings clause as described below. If an
export, reexport or transfer (in-country) does not qualify for the
savings clause described below but falls within the scope of OFAC's
General License No. 5, an applicant may note this fact in its BIS
license application either under block 24 or in a separate attachment.
BIS will consider this fact as part of the license review process.
Revisions to the Export Administration Regulations
To implement the changes described above, this final rule adds a
new Sec. 746.6 (Crimea region of Ukraine) to part 746 (Embargoes and
Other Special Controls) of the EAR. The new Sec. 746.6 consists of
three paragraphs. Paragraph (a) imposes a license requirement for
exports and reexports to the Crimea region of Ukraine, and the transfer
within the Crimea region of Ukraine, of all items subject to the EAR,
other than food and medicine designated as EAR99. Paragraph (a) also
includes a definition of the term `Crimea region of Ukraine,' which
specifies that `Crimea region of Ukraine' includes the land territory
in that region as well as any maritime area over which sovereignty,
sovereign rights, or jurisdiction is claimed based on purported
sovereignty over that land territory. Paragraph (b) of the new section
specifies that the license review policy is a presumption of denial,
except for items authorized under OFAC General License No. 4 which will
be reviewed on a case-by-case basis. Paragraph (c) includes an
exhaustive listing of the license exceptions that are available to
overcome the license requirements in this new section. No license
exceptions other than those license exceptions or paragraphs of license
exceptions specified in paragraph (c), are available to overcome the
license requirements of this new Sec. 746.6.
The license requirements imposed under part 746 of the EAR are
independent of the Commerce Control List (CCL)-based license
requirements. However, this rule adds a new cross reference to Sec.
746.6 by adding new footnote 8 to the Commerce Country Chart in
Supplement No. 1 to part 738. This footnote 8 makes persons aware of
the additional part 746 license requirements under Sec. 746.6 that
apply for the `Crimea region of Ukraine.' The new footnote also
includes the same definition of `Crimea region of Ukraine' that this
rule adds to Sec. 746.6. When applying for a license to the Crimea
region of Ukraine, applicants should select `Crimea region' in the drop
down menu option under the country of Ukraine in the Simplified Network
Application Processing System (SNAP-R).
This final rule, as a conforming change to the addition of Sec.
746.6 and the restrictions under paragraph (c), adds `Crimea region of
Ukraine' to the general restriction on the use of license exceptions in
Sec. 740.2 of the EAR for sanctioned countries by revising the
parenthetical phrase ``(Cuba, Iran, North Korea, and Syria).'' This
final rule adds `Crimea region of Ukraine' to this parenthetical phrase
because the license requirements under Sec. 746.6 apply to all items
subject to the EAR and the only license exceptions available to
overcome the license requirement are those specified in Sec. 746.6.
Lastly, this final rule revises the definition of ``food'' in Sec.
772.1 to include a reference to `Crimea region of Ukraine' along with
North Korea and Syria, the two countries that are referenced in the
definition.
Foreign Policy Report
The expansion of license requirements for exports, reexports or
transfers within the Crimea region of Ukraine in this rule is the
imposition of a foreign policy control. Section 6(f) of the Export
Administration Act requires that a report be delivered to Congress
before imposing such controls. The report was delivered to Congress on
January 26, 2015.
Savings Clause
Shipments of items removed from eligibility for a License Exception
or export, or reexport without a license (NLR) as a result of this
regulatory action that were on dock for loading, on lighter, laden
aboard an exporting or reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on January 29, 2015, pursuant
to actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previous eligibility for a
License Exception or export or reexport without a license (NLR) so long
as they are exported or reexported before February 1, 2015. Any such
items not actually exported or reexported before midnight, on February
1, 2015, require a license in accordance with this rule.
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 7, 2014, 79 FR 46959 (August 11, 2014), 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
[[Page 4778]]
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 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 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 significantly 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
advance U.S. policy toward Russia and therefore promote U.S. national
security or foreign policy objectives by immediately preventing items
from being exported, reexported, or transferred within the Crimea
region of Ukraine. Delay in publication and the rule's effective date
to allow for notice and comment would frustrate those objectives. For
example, prior to publication of this final rule, items controlled on
the Commerce Control List for Chemical & Biological Weapons (CB2 and
CB3) reasons that required a BIS license to be exported or reexported
to Russia could have been exported to the Crimea region of Ukraine
under the no license required (NLR) designation. BIS also imposes end
use and end user controls under part 744 and part 746 of the EAR on
certain exports and reexports to Russia. A delay in publishing this
final rule to obtain public comments would create an incentive for
persons to export CB2 and CB3 items to the Crimea region of Ukraine to
circumvent license requirements for the export of such items to Russia
and for persons to use the Crimea region of Ukraine to circumvent part
744 and part 746 end use and end user license requirements that apply
to Russia. 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
15 CFR Parts 738 and 772
Exports.
15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 746
Exports, Reporting and recordkeeping requirements.
Accordingly, parts 738, 740, 746, and 772 of the Export
Administration Regulations (15 CFR parts 730-774) are amended as
follows:
PART 738--[AMENDED]
0
1. The authority citation for 15 CFR part 738 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 7, 2014, 79 FR 46959 (August 11, 2014).
0
2. Supplement No. 1 to part 738 is amended by:
0
a. Adding footnote designation ``8'' to ``Ukraine''; and
0
b. Adding footnote 8.
The addition reads as follows:
Supplement No. 1 to Part 738--Commerce Country Chart
* * * * *
\8\ See Sec. 746.6 for additional license requirements for all
items subject to the EAR, other than food and medicine designated as
EAR99, for the Crimea region of Ukraine. The Crimea region of Ukraine
includes the land territory in that region as well as any maritime area
over which sovereignty, sovereign rights, or jurisdiction is claimed
based on purported sovereignty over that land territory.
PART 740--[AMENDED]
0
3. The authority citation for 15 CFR part 740 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. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 7, 2014, 79 FR 46959 (August 11, 2014).
0
4. Section 740.2 is amended by revising paragraph (a)(6) to read as
follows:
Sec. 740.2 Restrictions on all license exceptions.
(a) * * *
(6) The export or reexport is to a sanctioned destination (Cuba,
Iran, North Korea, Syria, and Crimea region of Ukraine) or a license is
required based on a limited sanction (Russia) unless a license
exception or portion thereof is specifically listed in the license
exceptions paragraph pertaining to a particular sanctioned country in
part 746 of the EAR.
* * * * *
PART 746--[AMENDED]
0
5. The authority citation for 15 CFR part 738 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. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C.
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR,
1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003;
Presidential Determination 2007-7 of December 7, 2006, 72 FR 1899
(January 16, 2007); Notice of May 7, 2014, 79 FR 26589 (May 9,
2014); Notice of August 7, 2014, 79 FR 46959 (August 11, 2014).
0
6. Add Sec. 746.6 to read as follows:
[[Page 4779]]
Sec. 746.6 Crimea region of Ukraine.
(a) License requirements--(1) General prohibition. As authorized by
Section 6 of the Export Administration Act of 1979, a license is
required to export or reexport any item subject to the EAR, other than
food and medicine designated as EAR99, to the Crimea region of Ukraine.
The `Crimea region of Ukraine' includes the land territory in that
region as well as any maritime area over which sovereignty, sovereign
rights, or jurisdiction is claimed based on purported sovereignty over
that land territory. This license requirement includes transfers within
the Crimea region.
(b) License review policy. Applications will be reviewed with a
presumption of denial, except for items authorized under OFAC Ukraine-
Related General License No. 4 which will be reviewed on a case-by-case
basis.
(c) License exceptions. You may export, reexport or transfer (in-
country) without a license if your transaction meets all the applicable
terms and conditions of any of the license exception paragraphs
specified in this paragraph (c). To determine scope and eligibility
requirements, you will need to refer to the sections or specific
paragraphs of part 740 (License Exceptions). Read each license
exception carefully, as the provisions available for countries subject
to sanctions are generally narrow.
(1) TMP for items for use by the news media as set forth in Sec.
740.9(a)(9) of the EAR.
(2) GOV for items for personal or official use by personnel and
agencies of the U.S. Government, the International Atomic Energy Agency
(IAEA), or the European Atomic Energy Community (Euratom) as set forth
in Sec. 740.11(a) and (b)(2) of the EAR.
(3) GFT for gift parcels and humanitarian donations as set forth in
Sec. 740.12.
(4) TSU for operation technology and software for lawfully exported
commodities as set forth in Sec. 740.13(a) and sales technology as set
forth in Sec. 740.13 (b) of the EAR.
(5) BAG for exports of items by individuals leaving the United
States as personal baggage as set forth in Sec. 740.14(a) through (d)
of the EAR.
(6) AVS for civil aircraft and vessels as set forth in Sec.
740.15(a)(4) and (d) of the EAR.
PART 772--[AMENDED]
0
7. The authority citation for 15 CFR part 738 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
7, 2014, 79 FR 46959 (August 11, 2014).
0
8. Section 772.1 is amended by revising the definition for the term
``Food'' to read as follows:
Sec. 772.1 Definitions of terms as used in the Export Administration
Regulations (EAR).
* * * * *
Food. Specific to exports and reexports to North Korea, Syria and
Crimea region of Ukraine, food means items that are consumed by and
provide nutrition to humans and animals, and seeds, with the exception
of castor bean seeds, that germinate into items that will be consumed
by and provide nutrition to humans and animals. (Food does not include
alcoholic beverages.)
* * * * *
Dated: January 23, 2015.
Eric L. Hirschhorn,
Under Secretary of Commerce for Industry and Security.
[FR Doc. 2015-01638 Filed 1-28-15; 8:45 am]
BILLING CODE 3510-33-P
