Russian Sanctions: Licensing Policy for the Crimea Region of Ukraine, 4776-4779 [2015-01638]

Download as PDF 4776 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. tkelley on DSK3SPTVN1PROD with RULES (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: http:// 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 VerDate Sep<11>2014 16:36 Jan 28, 2015 Jkt 235001 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: PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 E:\FR\FM\29JAR1.SGM 29JAR1 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES 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 http:// www.treasury.gov/resource-center/ sanctions/Programs/Documents/ ukraine_gl4.pdf and http:// 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) VerDate Sep<11>2014 16:36 Jan 28, 2015 Jkt 235001 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 4777 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 E:\FR\FM\29JAR1.SGM 29JAR1 tkelley on DSK3SPTVN1PROD with RULES 4778 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 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 VerDate Sep<11>2014 16:36 Jan 28, 2015 Jkt 235001 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 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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: E:\FR\FM\29JAR1.SGM 29JAR1 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations § 746.6 Crimea region of Ukraine. tkelley on DSK3SPTVN1PROD with RULES (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 VerDate Sep<11>2014 16:36 Jan 28, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 4779 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 http://www.treasury.gov/resource-center/sanctions/Programs/Documents/ukraine_gl4.pdf and http://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