Addition of Certain Persons to the Entity List; and Removal of Person From the Entity List Based on a Removal Request, 8524-8529 [2015-03321]
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8524
Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations
9A990.a and .b, and 9A991.d and .e.
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(b) * * *
(3) Notwithstanding the provisions of
paragraphs (b)(1) and (b)(2) of this
section, applications for Sudan will be
considered on a case-by-case basis in
the following four situations.
(i) The transaction involves the
reexport to Sudan of items where Sudan
was not the intended ultimate
destination at the time of original export
from the United States, provided that
the exports from the U.S. occurred prior
to the applicable contract sanctity date.
(ii) The U.S. content of foreignproduced commodities is 20% or less by
value.
(iii) The commodities are medical
items.
(iv) The items are telecommunications
equipment and associated computers,
software and technology for civil end
use, including items useful for the
development of civil
telecommunications network
infrastructure.
Note to paragraph (b)(3) of this section:
Applicants who wish any of the factors
described in paragraph (b)(3) of this section
to be considered in reviewing their license
applications must submit adequate
documentation demonstrating the
appropriateness of the factor: i.e., the date of
export from the United States, the value of
the U.S. content, the specifications and
medical use of the equipment, or the specific
civil end use of the item and any function the
item will have in the development of civil
telecommunications network infrastructure,
as relevant to the factor for which
consideration is sought.
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Dated: February 12, 2015.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2015–03329 Filed 2–17–15; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 141230999–4999–01]
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RIN 0694–AG46
Addition of Certain Persons to the
Entity List; and Removal of Person
From the Entity List Based on a
Removal Request
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
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This rule amends the Export
Administration Regulations (EAR) by
adding eleven persons to the Entity List.
The eleven persons who are added to
the Entity List have been determined by
the U.S. Government to be acting
contrary to the national security or
foreign policy interests of the United
States. These eleven persons will be
listed on the Entity List under the
destinations of People’s Republic of
China (China), Pakistan, and United
Arab Emirates (U.A.E.).
This final rule also removes one
person from the Entity List, as the result
of a request for removal submitted by
the person, a review of information
provided in the removal request in
accordance with the procedure for
requesting removal or modification of
an Entity List entity, and further review
conducted by the End-User Review
Committee (ERC).
DATES: This rule is effective February
18, 2015.
FOR FURTHER INFORMATION CONTACT:
Chair, End-User Review Committee,
Office of the Assistant Secretary, Export
Administration, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–5991, Fax: (202) 482–
3911, Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Entity List (Supplement No. 4 to
Part 744) notifies the public about
entities that have engaged in activities
that could result in an increased risk of
the diversion of exported, reexported or
transferred (in-country) items to
weapons of mass destruction (WMD)
programs. Since its initial publication,
grounds for inclusion on the Entity List
have expanded to include activities
sanctioned by the State Department and
activities contrary to U.S. national
security or foreign policy interests.
Certain exports, reexports, and transfers
(in-country) to entities identified on the
Entity List require licenses from BIS and
are usually subject to a policy of denial.
The availability of license exceptions in
such transactions is very limited. The
license review policy for each entity is
identified in the license review policy
column on the Entity List and the
availability of license exceptions is
noted in the Federal Register notices
adding persons to the Entity List. BIS
places entities on the Entity List based
on certain sections of part 744 (Control
Policy: End-User and End-Use Based)
and part 746 (Embargoes and Other
Special Controls) of the EAR.
The ERC, composed of representatives
of the Departments of Commerce
(Chair), State, Defense, Energy and,
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where appropriate, the Treasury, makes
all decisions regarding additions to,
removals from, or other modifications to
the Entity List. The ERC makes all
decisions to add an entry to the Entity
List by majority vote and all decisions
to remove or modify an entry by
unanimous vote.
ERC Entity List Decisions
Additions to the Entity List
This rule implements the decision of
the ERC to add eleven persons under
eleven entries to the Entity List. These
eleven persons are being added on the
basis of § 744.11 (License requirements
that apply to entities acting contrary to
the national security or foreign policy
interests of the United States) of the
EAR. The eleven entries added to the
Entity List consist of four entries in
China, four in Pakistan, and three in the
U.A.E.
The ERC reviewed § 744.11(b)
(Criteria for revising the Entity List) in
making the determination to add these
eleven persons to the Entity List. Under
that paragraph, persons for whom there
is reasonable cause to believe, based on
specific and articulable facts, have been
involved, are involved, or pose a
significant risk of being or becoming
involved in, activities that are contrary
to the national security or foreign policy
interests of the United States and those
acting on behalf of such persons may be
added to the Entity List. Paragraphs
(b)(1) through (b)(5) of § 744.11 include
an illustrative list of activities that could
be contrary to the national security or
foreign policy interests of the United
States.
The ERC determined the following
four persons being added to the Entity
List under the destination of China have
been involved in activities contrary to
the national security and foreign policy
interests of the United States. The ERC
determined that the National University
of Defense Technology (NUDT), the
National Supercomputing Center in
Changsha (NSCC–CS), National
Supercomputing Center in Guangzhou
(NSCC–GZ), and the National
Supercomputing Center in Tianjin
(NSCC–TJ), all located in the People’s
Republic of China, meet the guidelines
listed under § 744.11(b): Entities for
which there is reasonable cause to
believe, based on specific and
articulated facts, that an entity has been
involved, is involved, or poses a
significant risk of being or becoming
involved in activities that are contrary
to the national security or foreign policy
interests of the United States and those
acting on behalf of such entities may be
added to the Entity List pursuant to this
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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations
section. Specifically, NUDT has used
U.S.-origin multicores, boards, and
(co)processors to produce the TianHe–
1A and TianHe–2 supercomputers
located at the National Supercomputing
Centers in Changsha, Guangzhou, and
Tianjin. The TianHe–1A and TianHe–2
supercomputers are believed to be used
in nuclear explosive activities as
described in § 744.2(a) of the EAR.
The ERC also determined the seven
persons being added to the Entity List
under the destinations of Pakistan (four
additions) and the U.A.E. (three
additions) have been involved in
activities contrary to the national
security and foreign policy interests of
the United States. The ERC determined
that Pakistan’s Hakim Noor (a.k.a.,
Hakim Nur) and the United Arab
Emirates’ Ajab Noor (a.k.a., Ajab Nur)
and entities working with Hakim and
Ajab meet the guidelines listed under
§ 744.11(b). Specifically, Hakim Noor,
Ajab Noor, Sher Qadir, Azad Motors
Property Choice, Hakim Nur Sarafa,
Ajab Trading Co. LLC, and Perfect Tyre
Trading Co. LLC, have engaged in
activities in support of the Haqqani
Network, a person designated by the
Secretary of State as a Foreign Terrorist
Organization, and a number of
transnational extremist organizations.
Pursuant to § 744.11(b)(1) and (b)(5) of
the EAR, the ERC determined that the
conduct of these eleven persons raises
sufficient concern that prior review of
exports, reexports, or transfers (incountry) of items subject to the EAR
involving these persons, and the
possible imposition of license
conditions or license denials on
shipments to the persons, will enhance
BIS’s ability to prevent violations of the
EAR.
For the National University of Defense
Technology (NUDT), National
Supercomputing Center in Changsha
(NSCC–CS), National Supercomputing
Center in Guangzhou (NSCC–GZ), and
the National Supercomputing Center in
Tianjin (NSCC–TJ), the ERC specified a
license requirement for all items subject
to the EAR, and established a license
application review policy of case-bycase review for all items subject to the
EAR. For the other seven persons
recommended for addition on the basis
of § 744.11, the ERC specified a license
requirement for all items subject to the
EAR and a license review policy of
presumption of denial.
The license requirements apply to any
transaction in which items are to be
exported, reexported, or transferred (incountry) to any of the persons or in
which such persons act as purchaser,
intermediate consignee, ultimate
consignee, or end-user. In addition, no
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license exceptions are available for
exports, reexports, or transfers (incountry) to the persons being added to
the Entity List in this rule.
This final rule adds the following
eleven persons under eleven entries to
the Entity List:
China
(1) National Supercomputing Center
Changsha (NSCC–CS), Changsha City,
Hunan Province, China;
(2) National Supercomputing Center
Guangzhou (NSCC–GZ), Sun Yat-Sen
University, University City, Guangzhou,
China;
(3) National Supercomputing Center
Tianjin (NSCC–TJ), 7th Street, Binhai
New Area, Tianjin, China; and
(4) National University of Defense
Technology (NUDT), Garden Road
(Metro West), Changsha City, Kaifu
District, Hunan Province, China.
Pakistan
(1) Azad Motors Property Choice,
a.k.a., the following four aliases:
—Peshawar Master Azad Motors;
—Peshawar Motors Complex;
—Karakoram Azad Motors; and
—Azad Cars. Main GT Road, Hajji
Camp, Peshawar, Pakistan;
(2) Hakim Noor, a.k.a., the following
one alias:
—Hakim Nur. Sarafa Shop #10, Noor
Muhammad Market, Miram Shaw,
Pakistan; and Mir Nasir Plaza,
Sikandar Pura, Pakistan;
(3) Hakim Nur Sarafa, a.k.a., the
following two aliases:
—Noor Muhammad Market; and
—Haji Hakim Noor Saraf. Sarafa Shop
#10, Noor Muhammad Market, Miram
Shaw, Pakistan; and Market Shop
Number 10, Sarafa Bazar Miram
Shaw, Pakistan; and
(4) Sher Qadir, Darpa Khel Village,
Mirim Shaw, Pakistan.
United Arab Emirates
(1) Ajab Noor, a.k.a., the following
one alias:
—Ajab Nur. Box No. 28715, Dubai,
U.A.E.; and Dubai Tower, Al
Maktoum Rd, Al Rigga, Dubai, Near
Baniyas Square Metro Station, U.A.E.;
(2) Ajab Trading Co. LLC, Box No.
28715, Dubai, U.A.E.; and Dubai Tower,
Al Maktoum Rd, Al Rigga, Dubai, Near
Baniyas Square Metro Station, U.A.E.;
and
(3) Perfect Tyre Trading Co LLC, Al
Ain—Al Sanaiya—Inh. Mohammed
Sultan Aldarmaki–Bld, Dubai, U.A.E.;
and Post Box No. 67221, Abu Dhabi,
U.A.E.
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8525
Removal From the Entity List
This rule implements a decision of
the ERC to remove one person, SATCO
GmbH, located in Germany, from the
Entity List on the basis of a removal
request by a company of the same name
as the listed person. Based upon a
review of the information provided in
the removal request in accordance with
§ 744.16 (Procedure for requesting
removal or modification of an Entity
List entity), the ERC determined that
this person should be removed from the
Entity List.
SATCO GmbH was originally added
to the Entity List on December 12, 2013
(78 FR 75458) for participating in a
procurement ring headed by Saeed
Talebi (Talebi) that coordinated the
supply and sale of U.S.-origin items in
violation of Department of Treasury,
Office of Foreign Assets Control
regulations and the EAR. Based on a
request from an unrelated company of
the same name being adversely
impacted, and the fact that SATCO
GmbH is not a legally established
corporate entity in Bremen, Germany,
and that BIS has no evidence of the use
of this name by Talebi network since
their addition to the Entity List, the ERC
determined to remove SATCO GmbH
from the Entity List.
In accordance with § 744.16(c), the
Deputy Assistant Secretary for Export
Administration has sent written
notification to this person, informing
the person of the ERC’s decision to
remove the person from the Entity List.
This final rule implements the
decision to remove the following one
person located in Germany from the
Entity List:
Germany
(1) SATCO GmbH, a.k.a., the
following one alias:
—Satco Inc., Park Street 4, Bremen,
Germany 28209.
The removal of the one entity
referenced above, which was approved
by the ERC, eliminates the existing
license requirements in Supplement No.
4 to part 744 for exports, reexports and
transfers (in-country) to this entity.
However, the removal of this entity from
the Entity List does not relieve persons
of other obligations under part 744 of
the EAR or under other parts of the
EAR. Neither the removal of an entity
from the Entity List nor the removal of
Entity List-based license requirements
relieves persons of their obligations
under General Prohibition 5 in
§ 736.2(b)(5) of the EAR which provides
that, ‘‘you may not, without a license,
knowingly export or reexport any item
subject to the EAR to an end-user or
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end-use that is prohibited by part 744 of
the EAR.’’ Additionally this removal
does not relieve persons of their
obligation to apply for export, reexport
or in-country transfer licenses required
by other provisions of the EAR. BIS
strongly urges the use of Supplement
No. 3 to part 732 of the EAR, ‘‘BIS’s
‘Know Your Customer’ Guidance and
Red Flags,’’ when persons are involved
in transactions that are subject to the
EAR.
Savings Clause
Shipments of items removed from
eligibility for a License Exception or
export or reexport without a license
(NLR) as a result of this regulatory
action that were en route aboard a
carrier to a port of export or reexport, on
February 18, 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).
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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
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been determined to be not
significant for purposes of Executive
Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to nor be subject to a penalty
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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 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. For the eleven persons added under
eleven entries to the Entity List in this
final rule, the provisions of the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, the opportunity for public
comment and a delay in effective date
are inapplicable because this regulation
involves a military or foreign affairs
function of the United States. (See 5
U.S.C. 553(a)(1)). BIS implements this
rule to protect U.S. national security or
foreign policy interests by preventing
items from being exported, reexported,
or transferred (in-country) to the
persons being added to or the entries
being modified on the Entity List. If this
rule were delayed to allow for notice
and comment and a delay in effective
date, then entities being added to the
Entity List by this action would
continue to be able to receive items
without a license and to conduct
activities contrary to the national
security or foreign policy interests of the
United States. In addition, because these
parties may receive notice of the U.S.
Government’s intention to place these
entities on the Entity List if a proposed
rule is published, doing so would create
an incentive for these persons to either
accelerate receiving items subject to the
EAR to conduct activities that are
contrary to the national security or
foreign policy interests of the United
States, or to take steps to set up
additional aliases, change addresses,
and other measures to try to limit the
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impact of the listing on the Entity List
once a final rule was published. Further,
no other law requires that a notice of
proposed rulemaking and an
opportunity for public comment be
given for this rule. Because a notice of
proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule by 5
U.S.C. 553, or by any other law, the
analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable. Accordingly,
no regulatory flexibility analysis is
required and none has been prepared.
5. For the one removal from the Entity
List in this final rule, pursuant to the
Administrative Procedure Act (APA), 5
U.S.C. 553(b)(3)(B), BIS finds good
cause to waive requirements that this
rule be subject to notice and the
opportunity for public comment
because it would be contrary to the
public interest.
In determining whether to grant
removal requests from the Entity List, a
committee of U.S. Government agencies
(the End-User Review Committee (ERC))
evaluates information about and
commitments made by listed persons
requesting removal from the Entity List,
the nature and terms of which are set
forth in 15 CFR part 744, Supplement
No. 5, as noted in 15 CFR 744.16(b). The
information, commitments, and criteria
for this extensive review were all
established through the notice of
proposed rulemaking and public
comment process (72 FR 31005 (June 5,
2007) (proposed rule), and 73 FR 49311
(August 21, 2008) (final rule)). This one
removal has been made within the
established regulatory framework of the
Entity List. If the rule were to be
delayed to allow for public comment,
U.S. exporters may face unnecessary
economic losses as they turn away
potential sales because the customer
remained a listed person on the Entity
List even after the ERC approved the
removal pursuant to the rule published
at 73 FR 49311 on August 21, 2008. By
publishing without prior notice and
comment, BIS allows the applicant to
receive U.S. exports immediately since
this one applicant already has received
approval by the ERC pursuant to 15 CFR
part 744, Supplement No. 5, as noted in
15 CFR 744.16(b).
The removals from the Entity List
granted by the ERC involve interagency
deliberation and result from review of
public and non-public sources,
including sensitive law enforcement
information and classified information,
and the measurement of such
information against the Entity List
removal criteria. This information is
extensively reviewed according to the
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criteria for evaluating removal requests
from the Entity List, as set out in 15 CFR
part 744, Supplement No. 5 and 15 CFR
744.16(b). For reasons of national
security, BIS is not at liberty to provide
to the public detailed information on
which the ERC relied to make the
decision to remove this entity. In
addition, the information included in
the removal request is information
exchanged between the applicant and
the ERC, which by law (section 12(c) of
the Export Administration Act), BIS is
restricted from sharing with the public.
Moreover, removal requests from the
Entity List contain confidential business
information, which is necessary for the
extensive review conducted by the U.S.
Government in assessing such removal
requests.
Section 553(d) of the APA generally
provides that rules may not take effect
earlier than thirty (30) days after they
are published in the Federal Register.
BIS finds good cause to waive the 30day delay in effectiveness under 5
U.S.C. 553(d)(1) because this rule is a
substantive rule which relieves a
restriction. This rule’s removal of one
person from the Entity List removes a
requirement (the Entity-List-based
license requirement and limitation on
Country
List of Subject in 15 CFR Part 744
Exports, Reporting and recordkeeping
requirements, Terrorism.
Accordingly, part 744 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
PART 744—[AMENDED]
1. The authority citation for 15 CFR
part 744 continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
Entity
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CHINA, PEOPLE’S REPUBLIC OF
use of license exceptions) on this one
person being removed from the Entity
List. The rule does not impose a
requirement on any other person for this
one removal from the Entity List.
No other law requires that a notice of
proposed rulemaking and an
opportunity for public comment be
given for this final rule. Because a
notice of proposed rulemaking and an
opportunity for public comment are not
required under the APA or by any other
law, the analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable. As a result,
no final regulatory flexibility analysis is
required and none has been prepared.
*
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PAKISTAN
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80 FR [INSERT FR PAGE
NUMBER 2/18/15].
Case-by-case basis .........
80 FR [INSERT FR PAGE
NUMBER 2/18/15].
For all items subject to
the EAR. (See § 744.11
of the EAR)
For all items subject to
the EAR. (See § 744.11
of the EAR)
Case-by-case basis .........
80 FR [INSERT FR PAGE
NUMBER 2/18/15].
Case-by-case basis .........
80 FR [INSERT FR PAGE
NUMBER 2/18/15].
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For all items subject to
the EAR. (See § 744.11
of the EAR)
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Azad Motors Property Choice, a.k.a.,
the following four aliases:
—Peshawar Master Azad Motors;
—Peshawar Motors Complex;
—Karakoram Azad Motors; and
—Azad Cars
*
Case-by-case basis .........
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Federal Register
citation
For all items subject to
the EAR. (See § 744.11
of the EAR)
For all items subject to
the EAR. (See § 744.11
of the EAR)
*
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Supplement No. 4 to Part 744—Entity
List
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National
Supercomputing
Center
Changsha (NSCC–CS), Changsha
City, Hunan Province, China
National
Supercomputing
Center
Guangzhou (NSCC–GZ), Sun YatSen University, University City,
Guangzhou, China
National
Supercomputing
Center
Tianjin (NSCC–TJ), 7th Street, Binhai
New Area, Tianjin, China
National University of Defense Technology (NUDT), Garden Road (Metro
West), Changsha City, Kaifu District,
Hunan Province, China
2. Supplement No. 4 to part 744 is
amended:
■ a. By adding under China, in
alphabetical order, four Chinese entities;
■ b. By removing under Germany, one
German entity, ‘‘Satco GmbH, a.k.a., the
following one alias: -Satco Inc. Park
Street 4, Bremen, Germany 28209.’’;
■ c. By adding under Pakistan, in
alphabetical order, four Pakistani
entities; and
■ d. By adding under United Arab
Emirates, in alphabetical order, three
Emirati entities.
The additions read as follows:
■
License
review policy
License requirement
*
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
786; Notice of January 21, 2014, 79 FR 3721
(January 22, 2014); Notice of August 7, 2014,
79 FR 46959 (August 11, 2014); Notice of
September 17, 2014, 79 FR 56475 (September
19, 2014); Notice of January 21, 2015, 80 FR
3461 (January 22, 2015).
*
Presumption of denial ......
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80 FR [INSERT FR PAGE
NUMBER 2/18/15].
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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations
Country
Entity
License
review policy
License requirement
Federal Register
citation
Main GT Road, Hajji Camp, Peshawar,
Pakistan
*
*
*
Hakim Noor, a.k.a., the following one
alias:
—Hakim Nur.
Sarafa Shop #10, Noor Muhammad
Market, Miram Shaw, Pakistan; and
Mir Nasir Plaza, Sikandar Pura, Pakistan.
Hakim Nur Sarafa, a.k.a., the following
two aliases:
—Noor Muhammad Market; and
—Haji Hakim Noor Saraf.
Sarafa Shop #10, Noor Muhammad
Market, Miram Shaw, Pakistan; and
Market Shop Number 10, Sarafa Bazar
Miram Shaw, Pakistan.
*
*
UNITED ARAB
EMIRATES
80 FR [INSERT FR PAGE
NUMBER 2/18/15].
For all items subject to
the EAR. (See § 744.11
of the EAR)
Presumption of denial ......
80 FR [INSERT FR PAGE
NUMBER 2/18/15].
*
*
*
*
*
*
*
Ajab Noor, a.k.a., the following one
alias:
—Ajab Nur.
Box No. 28715, Dubai, U.A.E.; and
Dubai Tower, Al Maktoum Rd, Al
Rigga, Dubai, Near Baniyas Square
Metro Station, U.A.E.
Ajab Trading Co. LLC, Box No. 28715,
Dubai, U.A.E.; and
*
Presumption of denial ......
*
*
*
*
For all items subject to
the EAR
*
*
*
Presumption of denial ......
*
Sher Qadir, Darpa Khel Village, Mirim
Shaw, Pakistan
*
For all items subject to
the EAR. (See § 744.11
of the EAR)
*
*
*
80 FR [INSERT FR PAGE
NUMBER 2/18/15].
*
*
*
*
*
*
For all items subject to
the EAR. (See § 744.11
of the EAR)
Presumption of denial ......
80 FR [INSERT FR PAGE
NUMBER 2/18/15].
For all items subject to
the EAR. (See § 744.11
of the EAR)
Presumption of denial ......
80 FR [INSERT FR PAGE
NUMBER 2/18/15].
Dubai Tower, Al Maktoum Rd, Al
Rigga, Dubai, Near Baniyas Square
Metro Station, U.A.E.
*
*
*
Perfect Tyre Trading Co LLC, Al Ain—
Al Sanaiya—Inh. Mohammed Sultan
Aldarmaki—Bld, Dubai, U.A.E.; and
Post Box No. 67221, Abu Dhabi,
U.A.E.
*
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For all items subject to
the EAR. (See § 744.11
of the EAR)
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NUMBER 2/18/15].
*
Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations
Dated: February 12, 2015.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2015–03321 Filed 2–17–15; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2014–0006; T.D. TTB–128;
Ref: Notice No. 144]
RIN 1513–AC09
Establishment of the Fountaingrove
District Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) establishes the
approximately 38,000-acre
‘‘Fountaingrove District’’ viticultural
area in Sonoma County, California. The
viticultural area lies entirely within the
larger, multicounty North Coast
viticultural area. TTB designates
viticultural areas to allow vintners to
better describe the origin of their wines
and to allow consumers to better
identify wines they may purchase.
DATES: This final rule is effective March
20, 2015.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background on Viticultural Areas
mstockstill on DSK4VPTVN1PROD with RULES
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
VerDate Sep<11>2014
17:46 Feb 17, 2015
Jkt 235001
Secretary has delegated various
authorities through Treasury
Department Order 120–01 (Revised),
dated December 10, 2013, to the TTB
Administrator to perform the functions
and duties in the administration and
enforcement of this law.
Part 4 of the TTB regulations (27 CFR
part 4) authorizes TTB to establish
definitive viticultural areas and regulate
the use of their names as appellations of
origin on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) sets forth
standards for the preparation and
submission of petitions for the
establishment or modification of
American viticultural areas (AVAs) and
lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region having
distinguishing features, as described in
part 9 of the regulations, and a name
and a delineated boundary, as
established in part 9 of the regulations.
These designations allow vintners and
consumers to attribute a given quality,
reputation, or other characteristic of a
wine made from grapes grown in an area
to the wine’s geographic origin. The
establishment of AVAs allows vintners
to describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of an AVA is
neither an approval nor an endorsement
by TTB of the wine produced in that
area.
Requirements
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
the procedure for proposing an AVA
and provides that any interested party
may petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes standards for petitions for the
establishment or modification of AVAs.
Petitions to establish an AVA must
include the following:
• Evidence that the area within the
proposed AVA boundary is nationally
or locally known by the AVA name
specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
• A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA boundary;
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8529
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
proposed AVA clearly drawn thereon;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
Fountaingrove District Petition
TTB received a petition from Douglas
Grigg of Walnut Hill Vineyards, LLC, on
behalf of the Fountaingrove Appellation
Committee, proposing the establishment
of the ‘‘Fountaingrove District’’ AVA in
Sonoma County, California, northeast of
the city of Santa Rosa. The committee
originally proposed the name
‘‘Fountaingrove,’’ after the 19th Century
utopian community of Fountaingrove
that once existed within the region of
the proposed AVA. Before the
publication of the proposed rule, the
committee submitted to TTB a request
to change the name to ‘‘Fountaingrove
District’’ in order to avoid affecting
current use of the word
‘‘Fountaingrove,’’ standing alone, in
brand names on wine labels. The
proposed AVA covers approximately
38,000 acres and has approximately 35
commercially-producing vineyards
covering a total of 500 acres.
The proposed Fountaingrove District
AVA is located entirely within the
larger, multicounty North Coast AVA
(27 CFR 9.30). The proposed AVA
shares its boundaries with the
established Russian River Valley (27
CFR 9.66), Chalk Hill (27 CFR 9.52),
Knights Valley (27 CFR 9.76), Calistoga
(27 CFR 9.209), Diamond Mountain
District (27 CFR 9.166), Spring
Mountain District (27 CFR 9.143), and
Sonoma Valley (27 CFR 9.29) AVAs but
does not overlap any of these AVAs.
According to the petition, the
distinguishing features of the proposed
Fountaingrove District AVA are its
topography, climate, and soils. The
proposed AVA is located on the western
slopes of the Mayacmas Mountains and
features low, rolling hills as well as
higher, steeper mountains with
southwest-facing slopes. The Sonoma
Mountains, along the southwestern
boundary of the proposed AVA, shelter
the proposed AVA from the strongest
marine breezes and heaviest fog, but an
air gap in the mountains does allow
some cooling air and fog into the
proposed AVA. The moderate
temperatures within the proposed
Fountaingrove District AVA are suitable
for growing cabernet sauvignon,
chardonnay, sauvignon blanc, merlot,
cabernet franc, zinfandel, syrah, and
voignier grape varieties. The proposed
E:\FR\FM\18FER1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Rules and Regulations]
[Pages 8524-8529]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03321]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 141230999-4999-01]
RIN 0694-AG46
Addition of Certain Persons to the Entity List; and Removal of
Person From the Entity List Based on a Removal Request
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Export Administration Regulations (EAR)
by adding eleven persons to the Entity List. The eleven persons who are
added to the Entity List have been determined by the U.S. Government to
be acting contrary to the national security or foreign policy interests
of the United States. These eleven persons will be listed on the Entity
List under the destinations of People's Republic of China (China),
Pakistan, and United Arab Emirates (U.A.E.).
This final rule also removes one person from the Entity List, as
the result of a request for removal submitted by the person, a review
of information provided in the removal request in accordance with the
procedure for requesting removal or modification of an Entity List
entity, and further review conducted by the End-User Review Committee
(ERC).
DATES: This rule is effective February 18, 2015.
FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary, Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone: (202) 482-5991,
Fax: (202) 482-3911, Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Entity List (Supplement No. 4 to Part 744) notifies the public
about entities that have engaged in activities that could result in an
increased risk of the diversion of exported, reexported or transferred
(in-country) items to weapons of mass destruction (WMD) programs. Since
its initial publication, grounds for inclusion on the Entity List have
expanded to include activities sanctioned by the State Department and
activities contrary to U.S. national security or foreign policy
interests. Certain exports, reexports, and transfers (in-country) to
entities identified on the Entity List require licenses from BIS and
are usually subject to a policy of denial. The availability of license
exceptions in such transactions is very limited. The license review
policy for each entity is identified in the license review policy
column on the Entity List and the availability of license exceptions is
noted in the Federal Register notices adding persons to the Entity
List. BIS places entities on the Entity List based on certain sections
of part 744 (Control Policy: End-User and End-Use Based) and part 746
(Embargoes and Other Special Controls) of the EAR.
The ERC, composed of representatives of the Departments of Commerce
(Chair), State, Defense, Energy and, where appropriate, the Treasury,
makes all decisions regarding additions to, removals from, or other
modifications to the Entity List. The ERC makes all decisions to add an
entry to the Entity List by majority vote and all decisions to remove
or modify an entry by unanimous vote.
ERC Entity List Decisions
Additions to the Entity List
This rule implements the decision of the ERC to add eleven persons
under eleven entries to the Entity List. These eleven persons are being
added on the basis of Sec. 744.11 (License requirements that apply to
entities acting contrary to the national security or foreign policy
interests of the United States) of the EAR. The eleven entries added to
the Entity List consist of four entries in China, four in Pakistan, and
three in the U.A.E.
The ERC reviewed Sec. 744.11(b) (Criteria for revising the Entity
List) in making the determination to add these eleven persons to the
Entity List. Under that paragraph, persons for whom there is reasonable
cause to believe, based on specific and articulable facts, have been
involved, are involved, or pose a significant risk of being or becoming
involved in, activities that are contrary to the national security or
foreign policy interests of the United States and those acting on
behalf of such persons may be added to the Entity List. Paragraphs
(b)(1) through (b)(5) of Sec. 744.11 include an illustrative list of
activities that could be contrary to the national security or foreign
policy interests of the United States.
The ERC determined the following four persons being added to the
Entity List under the destination of China have been involved in
activities contrary to the national security and foreign policy
interests of the United States. The ERC determined that the National
University of Defense Technology (NUDT), the National Supercomputing
Center in Changsha (NSCC-CS), National Supercomputing Center in
Guangzhou (NSCC-GZ), and the National Supercomputing Center in Tianjin
(NSCC-TJ), all located in the People's Republic of China, meet the
guidelines listed under Sec. 744.11(b): Entities for which there is
reasonable cause to believe, based on specific and articulated facts,
that an entity has been involved, is involved, or poses a significant
risk of being or becoming involved in activities that are contrary to
the national security or foreign policy interests of the United States
and those acting on behalf of such entities may be added to the Entity
List pursuant to this
[[Page 8525]]
section. Specifically, NUDT has used U.S.-origin multicores, boards,
and (co)processors to produce the TianHe-1A and TianHe-2 supercomputers
located at the National Supercomputing Centers in Changsha, Guangzhou,
and Tianjin. The TianHe-1A and TianHe-2 supercomputers are believed to
be used in nuclear explosive activities as described in Sec. 744.2(a)
of the EAR.
The ERC also determined the seven persons being added to the Entity
List under the destinations of Pakistan (four additions) and the U.A.E.
(three additions) have been involved in activities contrary to the
national security and foreign policy interests of the United States.
The ERC determined that Pakistan's Hakim Noor (a.k.a., Hakim Nur) and
the United Arab Emirates' Ajab Noor (a.k.a., Ajab Nur) and entities
working with Hakim and Ajab meet the guidelines listed under Sec.
744.11(b). Specifically, Hakim Noor, Ajab Noor, Sher Qadir, Azad Motors
Property Choice, Hakim Nur Sarafa, Ajab Trading Co. LLC, and Perfect
Tyre Trading Co. LLC, have engaged in activities in support of the
Haqqani Network, a person designated by the Secretary of State as a
Foreign Terrorist Organization, and a number of transnational extremist
organizations.
Pursuant to Sec. 744.11(b)(1) and (b)(5) of the EAR, the ERC
determined that the conduct of these eleven persons raises sufficient
concern that prior review of exports, reexports, or transfers (in-
country) of items subject to the EAR involving these persons, and the
possible imposition of license conditions or license denials on
shipments to the persons, will enhance BIS's ability to prevent
violations of the EAR.
For the National University of Defense Technology (NUDT), National
Supercomputing Center in Changsha (NSCC-CS), National Supercomputing
Center in Guangzhou (NSCC-GZ), and the National Supercomputing Center
in Tianjin (NSCC-TJ), the ERC specified a license requirement for all
items subject to the EAR, and established a license application review
policy of case-by-case review for all items subject to the EAR. For the
other seven persons recommended for addition on the basis of Sec.
744.11, the ERC specified a license requirement for all items subject
to the EAR and a license review policy of presumption of denial.
The license requirements apply to any transaction in which items
are to be exported, reexported, or transferred (in-country) to any of
the persons or in which such persons act as purchaser, intermediate
consignee, ultimate consignee, or end-user. In addition, no license
exceptions are available for exports, reexports, or transfers (in-
country) to the persons being added to the Entity List in this rule.
This final rule adds the following eleven persons under eleven
entries to the Entity List:
China
(1) National Supercomputing Center Changsha (NSCC-CS), Changsha
City, Hunan Province, China;
(2) National Supercomputing Center Guangzhou (NSCC-GZ), Sun Yat-Sen
University, University City, Guangzhou, China;
(3) National Supercomputing Center Tianjin (NSCC-TJ), 7th Street,
Binhai New Area, Tianjin, China; and
(4) National University of Defense Technology (NUDT), Garden Road
(Metro West), Changsha City, Kaifu District, Hunan Province, China.
Pakistan
(1) Azad Motors Property Choice, a.k.a., the following four
aliases:
--Peshawar Master Azad Motors;
--Peshawar Motors Complex;
--Karakoram Azad Motors; and
--Azad Cars. Main GT Road, Hajji Camp, Peshawar, Pakistan;
(2) Hakim Noor, a.k.a., the following one alias:
--Hakim Nur. Sarafa Shop #10, Noor Muhammad Market, Miram Shaw,
Pakistan; and Mir Nasir Plaza, Sikandar Pura, Pakistan;
(3) Hakim Nur Sarafa, a.k.a., the following two aliases:
--Noor Muhammad Market; and
--Haji Hakim Noor Saraf. Sarafa Shop #10, Noor Muhammad Market, Miram
Shaw, Pakistan; and Market Shop Number 10, Sarafa Bazar Miram Shaw,
Pakistan; and
(4) Sher Qadir, Darpa Khel Village, Mirim Shaw, Pakistan.
United Arab Emirates
(1) Ajab Noor, a.k.a., the following one alias:
--Ajab Nur. Box No. 28715, Dubai, U.A.E.; and Dubai Tower, Al Maktoum
Rd, Al Rigga, Dubai, Near Baniyas Square Metro Station, U.A.E.;
(2) Ajab Trading Co. LLC, Box No. 28715, Dubai, U.A.E.; and Dubai
Tower, Al Maktoum Rd, Al Rigga, Dubai, Near Baniyas Square Metro
Station, U.A.E.; and
(3) Perfect Tyre Trading Co LLC, Al Ain--Al Sanaiya--Inh. Mohammed
Sultan Aldarmaki-Bld, Dubai, U.A.E.; and Post Box No. 67221, Abu Dhabi,
U.A.E.
Removal From the Entity List
This rule implements a decision of the ERC to remove one person,
SATCO GmbH, located in Germany, from the Entity List on the basis of a
removal request by a company of the same name as the listed person.
Based upon a review of the information provided in the removal request
in accordance with Sec. 744.16 (Procedure for requesting removal or
modification of an Entity List entity), the ERC determined that this
person should be removed from the Entity List.
SATCO GmbH was originally added to the Entity List on December 12,
2013 (78 FR 75458) for participating in a procurement ring headed by
Saeed Talebi (Talebi) that coordinated the supply and sale of U.S.-
origin items in violation of Department of Treasury, Office of Foreign
Assets Control regulations and the EAR. Based on a request from an
unrelated company of the same name being adversely impacted, and the
fact that SATCO GmbH is not a legally established corporate entity in
Bremen, Germany, and that BIS has no evidence of the use of this name
by Talebi network since their addition to the Entity List, the ERC
determined to remove SATCO GmbH from the Entity List.
In accordance with Sec. 744.16(c), the Deputy Assistant Secretary
for Export Administration has sent written notification to this person,
informing the person of the ERC's decision to remove the person from
the Entity List.
This final rule implements the decision to remove the following one
person located in Germany from the Entity List:
Germany
(1) SATCO GmbH, a.k.a., the following one alias:
--Satco Inc., Park Street 4, Bremen, Germany 28209.
The removal of the one entity referenced above, which was approved
by the ERC, eliminates the existing license requirements in Supplement
No. 4 to part 744 for exports, reexports and transfers (in-country) to
this entity. However, the removal of this entity from the Entity List
does not relieve persons of other obligations under part 744 of the EAR
or under other parts of the EAR. Neither the removal of an entity from
the Entity List nor the removal of Entity List-based license
requirements relieves persons of their obligations under General
Prohibition 5 in Sec. 736.2(b)(5) of the EAR which provides that,
``you may not, without a license, knowingly export or reexport any item
subject to the EAR to an end-user or
[[Page 8526]]
end-use that is prohibited by part 744 of the EAR.'' Additionally this
removal does not relieve persons of their obligation to apply for
export, reexport or in-country transfer licenses required by other
provisions of the EAR. BIS strongly urges the use of Supplement No. 3
to part 732 of the EAR, ``BIS's `Know Your Customer' Guidance and Red
Flags,'' when persons are involved in transactions that are subject to
the EAR.
Savings Clause
Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were en route aboard a carrier to a port of
export or reexport, on February 18, 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).
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 approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications and carries a burden estimate of
43.8 minutes for a manual or electronic submission. Total burden hours
associated with the PRA and OMB control number 0694-0088 are not
expected to increase as a result of this rule. You may send comments
regarding the collection of information associated with this rule,
including suggestions for reducing the burden, to Jasmeet K. Seehra,
Office of Management and Budget (OMB), by email to
Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395-7285.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. For the eleven persons added under eleven entries to the Entity
List in this final rule, the provisions of the Administrative Procedure
Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the
opportunity for public comment and a delay in effective date are
inapplicable because this regulation involves a military or foreign
affairs function of the United States. (See 5 U.S.C. 553(a)(1)). BIS
implements this rule to protect U.S. national security or foreign
policy interests by preventing items from being exported, reexported,
or transferred (in-country) to the persons being added to or the
entries being modified on the Entity List. If this rule were delayed to
allow for notice and comment and a delay in effective date, then
entities being added to the Entity List by this action would continue
to be able to receive items without a license and to conduct activities
contrary to the national security or foreign policy interests of the
United States. In addition, because these parties may receive notice of
the U.S. Government's intention to place these entities on the Entity
List if a proposed rule is published, doing so would create an
incentive for these persons to either accelerate receiving items
subject to the EAR to conduct activities that are contrary to the
national security or foreign policy interests of the United States, or
to take steps to set up additional aliases, change addresses, and other
measures to try to limit the impact of the listing on the Entity List
once a final rule was published. Further, no other law requires that a
notice of proposed rulemaking and an opportunity for public comment be
given for this rule. Because a notice of proposed rulemaking and an
opportunity for public comment are not required to be given for this
rule by 5 U.S.C. 553, or by any other law, the analytical requirements
of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not
applicable. Accordingly, no regulatory flexibility analysis is required
and none has been prepared.
5. For the one removal from the Entity List in this final rule,
pursuant to the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), BIS finds good cause to waive requirements that this rule
be subject to notice and the opportunity for public comment because it
would be contrary to the public interest.
In determining whether to grant removal requests from the Entity
List, a committee of U.S. Government agencies (the End-User Review
Committee (ERC)) evaluates information about and commitments made by
listed persons requesting removal from the Entity List, the nature and
terms of which are set forth in 15 CFR part 744, Supplement No. 5, as
noted in 15 CFR 744.16(b). The information, commitments, and criteria
for this extensive review were all established through the notice of
proposed rulemaking and public comment process (72 FR 31005 (June 5,
2007) (proposed rule), and 73 FR 49311 (August 21, 2008) (final rule)).
This one removal has been made within the established regulatory
framework of the Entity List. If the rule were to be delayed to allow
for public comment, U.S. exporters may face unnecessary economic losses
as they turn away potential sales because the customer remained a
listed person on the Entity List even after the ERC approved the
removal pursuant to the rule published at 73 FR 49311 on August 21,
2008. By publishing without prior notice and comment, BIS allows the
applicant to receive U.S. exports immediately since this one applicant
already has received approval by the ERC pursuant to 15 CFR part 744,
Supplement No. 5, as noted in 15 CFR 744.16(b).
The removals from the Entity List granted by the ERC involve
interagency deliberation and result from review of public and non-
public sources, including sensitive law enforcement information and
classified information, and the measurement of such information against
the Entity List removal criteria. This information is extensively
reviewed according to the
[[Page 8527]]
criteria for evaluating removal requests from the Entity List, as set
out in 15 CFR part 744, Supplement No. 5 and 15 CFR 744.16(b). For
reasons of national security, BIS is not at liberty to provide to the
public detailed information on which the ERC relied to make the
decision to remove this entity. In addition, the information included
in the removal request is information exchanged between the applicant
and the ERC, which by law (section 12(c) of the Export Administration
Act), BIS is restricted from sharing with the public. Moreover, removal
requests from the Entity List contain confidential business
information, which is necessary for the extensive review conducted by
the U.S. Government in assessing such removal requests.
Section 553(d) of the APA generally provides that rules may not
take effect earlier than thirty (30) days after they are published in
the Federal Register. BIS finds good cause to waive the 30-day delay in
effectiveness under 5 U.S.C. 553(d)(1) because this rule is a
substantive rule which relieves a restriction. This rule's removal of
one person from the Entity List removes a requirement (the Entity-List-
based license requirement and limitation on use of license exceptions)
on this one person being removed from the Entity List. The rule does
not impose a requirement on any other person for this one removal from
the Entity List.
No other law requires that a notice of proposed rulemaking and an
opportunity for public comment be given for this final rule. Because a
notice of proposed rulemaking and an opportunity for public comment are
not required under the APA or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. As a result, no final regulatory flexibility
analysis is required and none has been prepared.
List of Subject in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:
PART 744--[AMENDED]
0
1. The authority citation for 15 CFR part 744 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of January 21, 2014, 79 FR 3721
(January 22, 2014); Notice of August 7, 2014, 79 FR 46959 (August
11, 2014); Notice of September 17, 2014, 79 FR 56475 (September 19,
2014); Notice of January 21, 2015, 80 FR 3461 (January 22, 2015).
0
2. Supplement No. 4 to part 744 is amended:
0
a. By adding under China, in alphabetical order, four Chinese entities;
0
b. By removing under Germany, one German entity, ``Satco GmbH, a.k.a.,
the following one alias: -Satco Inc. Park Street 4, Bremen, Germany
28209.'';
0
c. By adding under Pakistan, in alphabetical order, four Pakistani
entities; and
0
d. By adding under United Arab Emirates, in alphabetical order, three
Emirati entities.
The additions read as follows:
Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
License review Federal Register
Country Entity License requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
CHINA, PEO- * * * * * *
PLE'S RE-
PUBLIC OF
----------------------------------------------------------------------------------------
National Supercomputing For all items Case-by-case 80 FR [INSERT FR
Center Changsha (NSCC-CS), subject to the basis. PAGE NUMBER 2/18/
Changsha City, Hunan EAR. (See Sec. 15].
Province, China 744.11 of the EAR)
National Supercomputing For all items Case-by-case 80 FR [INSERT FR
Center Guangzhou (NSCC-GZ), subject to the basis. PAGE NUMBER 2/18/
Sun Yat-Sen University, EAR. (See Sec. 15].
University City, Guangzhou, 744.11 of the EAR)
China
National Supercomputing For all items Case-by-case 80 FR [INSERT FR
Center Tianjin (NSCC-TJ), subject to the basis. PAGE NUMBER 2/18/
7th Street, Binhai New EAR. (See Sec. 15].
Area, Tianjin, China 744.11 of the EAR)
National University of For all items Case-by-case 80 FR [INSERT FR
Defense Technology (NUDT), subject to the basis. PAGE NUMBER 2/18/
Garden Road (Metro West), EAR. (See Sec. 15].
Changsha City, Kaifu 744.11 of the EAR)
District, Hunan Province,
China
----------------------------------------------------------------------------------------
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
PAKISTAN * * * * * *
----------------------------------------------------------------------------------------
Azad Motors Property Choice, For all items Presumption of 80 FR [INSERT FR
a.k.a., the following four subject to the denial. PAGE NUMBER 2/18/
aliases: EAR. (See Sec. 15].
--Peshawar Master Azad 744.11 of the EAR)
Motors;
--Peshawar Motors
Complex;
--Karakoram Azad Motors;
and
--Azad Cars
[[Page 8528]]
Main GT Road, Hajji Camp,
Peshawar, Pakistan
----------------------------------------------------------------------------------------
* * * * * *
----------------------------------------------------------------------------------------
Hakim Noor, a.k.a., the For all items Presumption of 80 FR [INSERT FR
following one alias: subject to the denial. PAGE NUMBER 2/18/
--Hakim Nur. EAR. (See Sec. 15].
744.11 of the EAR)
Sarafa Shop #10, Noor
Muhammad Market, Miram
Shaw, Pakistan; and
Mir Nasir Plaza, Sikandar
Pura, Pakistan.
Hakim Nur Sarafa, a.k.a., For all items Presumption of 80 FR [INSERT FR
the following two aliases: subject to the denial. PAGE NUMBER 2/18/
--Noor Muhammad Market; and EAR. (See Sec. 15].
744.11 of the EAR)
--Haji Hakim Noor Saraf.
Sarafa Shop #10, Noor
Muhammad Market, Miram
Shaw, Pakistan; and
Market Shop Number 10,
Sarafa Bazar Miram Shaw,
Pakistan.
----------------------------------------------------------------------------------------
* * * * * *
----------------------------------------------------------------------------------------
Sher Qadir, Darpa Khel For all items Presumption of 80 FR [INSERT FR
Village, Mirim Shaw, subject to the EAR denial. PAGE NUMBER 2/18/
Pakistan 15].
----------------------------------------------------------------------------------------
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
UNITED ARAB EMIRATES * * * * * *
----------------------------------------------------------------------------------------
Ajab Noor, a.k.a., the For all items Presumption of 80 FR [INSERT FR
following one alias: subject to the denial. PAGE NUMBER 2/18/
--Ajab Nur. EAR. (See Sec. 15].
744.11 of the EAR)
Box No. 28715, Dubai,
U.A.E.; and
Dubai Tower, Al Maktoum Rd,
Al Rigga, Dubai, Near
Baniyas Square Metro
Station, U.A.E.
Ajab Trading Co. LLC, Box For all items Presumption of 80 FR [INSERT FR
No. 28715, Dubai, U.A.E.; subject to the denial. PAGE NUMBER 2/18/
and EAR. (See Sec. 15].
744.11 of the EAR)
Dubai Tower, Al Maktoum Rd,
Al Rigga, Dubai, Near
Baniyas Square Metro
Station, U.A.E.
----------------------------------------------------------------------------------------
* * * * * *
----------------------------------------------------------------------------------------
Perfect Tyre Trading Co LLC, For all items Presumption of 80 FR [INSERT FR
Al Ain--Al Sanaiya--Inh. subject to the denial. PAGE NUMBER 2/18/
Mohammed Sultan Aldarmaki-- EAR. (See Sec. 15].
Bld, Dubai, U.A.E.; and 744.11 of the EAR)
Post Box No. 67221, Abu
Dhabi, U.A.E.
----------------------------------------------------------------------------------------
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 8529]]
Dated: February 12, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-03321 Filed 2-17-15; 8:45 am]
BILLING CODE 3510-33-P
