Addition of Certain Persons to the Entity List; and Removal of Certain Persons From the Entity List Based on Removal Requests, 44846-44852 [2015-18511]

Download as PDF 44846 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 150427401–5401–01] RIN 0694–AG61 Addition of Certain Persons to the Entity List; and Removal of Certain Persons From the Entity List Based on Removal Requests Bureau of Industry and Security, Commerce. ACTION: Final rule. AGENCY: This rule amends the Export Administration Regulations (EAR) by adding ten persons to the Entity List. The ten 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 ten persons will be listed on the Entity List under the destinations of China and South Korea. This final rule also removes four persons from the Entity List, as the result of requests for removal submitted by these persons, a review of information provided in the removal requests 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 July 28, 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: asabaliauskas on DSK5VPTVN1PROD with RULES 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 VerDate Sep<11>2014 18:34 Jul 27, 2015 Jkt 235001 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 ten persons to the Entity List. These ten 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 ten entries added to the Entity List consist of eight entries in China and two entries in South Korea. The ERC reviewed § 744.11(b) (Criteria for revising the Entity List) in making the determination to add these ten 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. Pursuant to § 744.11 of the EAR, the ERC determined that the following eight persons under the destination of China and two persons under the destination of South Korea be added to the Entity List for actions contrary to the national security or foreign policy interests of the United States. Specifically, for the eight additions under the destination of China, there is reasonable cause to believe, based on specific and articulable facts, that these PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 eight persons have violated U.S. export laws by illicitly procuring sensitive U.S. items for unauthorized end use in China and Iran. For the two additions under the destination of South Korea, there is reasonable cause to believe, based on specific and articulable facts that these two persons have violated U.S. export laws by supporting the illicit procurement efforts of ballistic-missile related parties in Iran since at least 2011. Pursuant to § 744.11(b)(5) of the EAR, the ERC determined that the conduct of these ten 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 ten 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 (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 (incountry) to the persons being added to the Entity List in this rule. This final rule adds the following ten persons to the Entity List: China (1) Beijing FJR Optoelectronic Technology Company Ltd, a.k.a, the following three aliases: —FJIR Optoelectronic Technology Company Ltd.; —Beijing Fu Jerry; and —Fu Jirui. No. 2A Zhonghuan South Road, Wangjing, Chaoyang District, Beijing, China, 100102; and Room 302 Office, Bldg. 11, No. 4, Anningzhuang Rd, Beijing, China, 100085; and Beijing Shunyi district airport into 25–4, Huiyuan, 25th floor, 100028, Beijing; and 25–4 Yuhua Rd, 25th Floor, Shunyi District, Beijing, China 101318; (2) Beijing Opto-Electronics Technology Company, a.k.a., the following one alias: —BOET. No. 4, Jiuxianqiao Road, Chaoyang District, Beijing, China, 100015; (3) BOP Opto-Electronics Technology Company, a.k.a., the following one alias E:\FR\FM\28JYR1.SGM 28JYR1 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations asabaliauskas on DSK5VPTVN1PROD with RULES —Beijing BOP Electro-Optics. No. 10, Jiuxianqiao North Road, Chaoyang District, Beijing, China, 100016; and No. 4 Jiuxianqiao Road, Chaoyang District, Beijing, China, 100015; (4) China Electronic Technology Group Corporation No. 11 Research Institute, a.k.a, the following three aliases, and including the named subordinate institutions: —North China Research Institute of Electro-Optics (NCRIEO); —China North Research Institute of Electro-Optics; and —CETC 11th Research Institute (CETC 11th RI). Subordinate institution Beijing Laiyin Company Ltd, a.k.a., the following one alias, —Beijing North China Lai Yin OptoElectronics Technology Company; Subordinate institution China Electronics Technology Corporation (CETC) Infrared Engineering and Technology Company, a.k.a., the following one alias: —CETC Infrared or CETC IR. No. 10, Jiuxianqiao North Road, Chaoyang District, Beijing, China, 100016; and No. 4 Jiuxianqiao Road, Chaoyang District, Beijing, China, 100015; and Electronic City of Zhong Guan Cun Technical Zone, Beijing, China, 100015. (5) China National Commercial New Tone Trading Company Ltd, Room 616, 2nd Building, No. 45 Fuxingmennei St, Beijing, China, 100801; and No. 45 Fuxing Mennei Avenue, Xicheng District, Beijing, China, 100801; (6) Fuyuan Huang, No. 2A Zhonghuan South Road, Wangjing, Chaoyang District, Beijing, China, 100102; and Room 302 Office, Bldg 11, No. 4, Anningzhuang Rd, Beijing, China, 100085; (7) Yin Zhao, No. 2A Zhonghuan South Road, Wangjing, Chaoyang District, Beijing, China, 100102; and Room 302 Office, Bldg 11, No. 4, Anningzhuang Rd, Beijing, China, 100085; and (8) Yiwu Tianying Optical Instrument Company, Room 301, 1 Unit, 18 Building, Houcheng Yi Qu, Jiangdong Street, Yiwu City, Zhejiang, China, 322000. South Korea (1) Korea Automation Industry (KAI), D–304, Songdo BRC Smart Valley 30 Songdomirae-ro Yeonsu-gu, Incheon, South Korea 406–840; and 4F Miejeong B/D, 405–216, MOK 1Dong, Yangcheon-Ku, Seoul, South VerDate Sep<11>2014 18:34 Jul 27, 2015 Jkt 235001 Korea; and Number 102–704, Daewoo 2nd, 925–7 Dongchundong, Yeonsu-Ku, Incheon, South Korea; and (2) Joseph Choi, aka Yo-so’p Ch’oe, D–304, Songdo BRC Smart Valley 30 Songdomirae-ro Yeonsu-gu, Incheon, South Korea 406–840; and 4F Miejeong B/D, 405–216, MOK 1Dong, Yangcheon-Ku, Seoul, South Korea. Removals From the Entity List This rule implements a decision of the ERC to remove four persons, Shanghai Hengtong Optics Technology Limited, located in China; and Zener Electrical & Electronics, Zener Electronics Services, and Zener Navcom, located in the United Arab Emirates (UAE), from the Entity List on the basis of removal requests submitted by these listed persons. Based upon a review of the information provided in the removal requests in accordance with § 744.16 (Procedure for requesting removal or modification of an Entity List entity) and further review conducted by the ERC, the ERC determined that these four persons should be removed from the Entity List. For the first ERC approved removal, Shanghai Hengtong Optics Technology Limited was added to the Entity List on May 1, 2014 (79 FR 24563) pursuant to § 744.11(b)(2) and (b)(5) of the EAR. The ERC’s decision to remove Shanghai Hengtong from the Entity List was based on information provided by the company in its appeal request pursuant to § 744.16, forthcoming information provided by Shanghai Hengtong in subsequent cooperative exchanges, and further reviews conducted by the ERC. For the three ERC approved removals for Zener Electronics Services, Zener Electrical & Electronics, and Zener Navcom, these persons were added to the Entity List on June 5, 2014 (79 FR 32441), pursuant to § 744.11(b)(1), (b)(2) and (b)(4) of the EAR. The ERC’s decision to remove Zener Electronics Services, Zener Electrical & Electronics, and Zener Navcom from the Entity List was based on the information provided by the companies in their appeal request, forthcoming information by the companies in subsequent cooperative exchanges, and further reviews conducted by the ERC. The Zeneer related entity removals in this rule are limited to the three entities specified in this rule. This rule does not remove any of the other Zener related entities currently on the Entity List (Zener Marine, Zener One Net located in the UAE, and Zener Lebanon located in Lebanon), which were also added to the Entity List on June 5, 2014 (79 FR PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 44847 32441) and are still subject to the Entity List-based license requirements. In accordance with § 744.16(c), the Deputy Assistant Secretary for Export Administration has sent written notification to these four persons, informing these persons of the ERC’s decision to remove these persons from the Entity List. This final rule implements the decision to remove the following four persons located in China and the UAE from the Entity List: China (1) Shanghai Hengtong Optics Technology Limited, a.k.a., the following two aliases: —Shanghai Hengtong Group; and —Shanghai Hengtong Optic-Electric Co., Ltd. 12F Tower A, Fareast International Plaza, 319 Xianxia Road, Shanghai, China. United Arab Emirates (1) Zener Electrical & Electronics, P.O. Box 389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, U.A.E.; and Zener Electrical & Electronics Service Building, Liwa Street, Umm al Nar area, Abu Dhabi, U.A.E.; (2) Zener Electronics Services, Al Sharafi Building, Khalid bin Walid Rd, Dubai, U.A.E.; and P.O. Box 389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, U.A.E.; and Plot S20206, Dubai, U.A.E.; and (3) Zener Navcom, P.O. Box 389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, U.A.E.; and Plot S20206, Dubai, U.A.E. The removal of the four entities 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 these entities. However, the removal of these four entities from the Entity List does not relieve persons of other obligations under part 744 of the EAR or under other parts of the EAR. Neither the removal of an entity from the Entity List nor the removal of Entity List-based license requirements relieves persons of their obligations under General Prohibition 5 in § 736.2(b)(5) of the EAR which provides that, ‘‘you may not, without a license, knowingly export or reexport any item subject to the EAR to an end-user or end-use that is prohibited by part 744 of the EAR.’’ Additionally these removals do 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 E:\FR\FM\28JYR1.SGM 28JYR1 44848 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations 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 July 28, 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). asabaliauskas on DSK5VPTVN1PROD with RULES 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 VerDate Sep<11>2014 18:34 Jul 27, 2015 Jkt 235001 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 ten persons added 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 (incountry) to the persons being added to the Entity List. If this rule were delayed to allow for notice and comment and a delay in effective date, then entities being added to the Entity List by this action would continue to be able to receive items without a license and to conduct activities contrary to the national security or foreign policy interests of the United States. In addition, because these parties may receive notice of the U.S. Government’s intention to place this entity 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 four removals 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)). These four removals have 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 applicants to receive U.S. exports immediately since these four applicants already have 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 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 decisions to remove these four entities. In addition, the information included in E:\FR\FM\28JYR1.SGM 28JYR1 44849 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations 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 four persons from the Entity List removes a requirement (the Entity-List-based license requirement and limitation on use of license exceptions) on these four persons being removed from the Entity List. The rule does not impose a requirement on any other person for these four removals 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] 1. The authority citation for 15 CFR part 744 continues to read as follows: ■ Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of August 7, 2014, 79 FR 46959 (August 11, 2014); Notice of September 17, 2014, 79 FR 56475 (September 19, 2014); Notice of November 7, 2014, 79 FR 67035 (November 12, 2014); Notice of January 21, 2015, 80 FR 3461 (January 22, 2015). 2. Supplement No. 4 to part 744 is amended: ■ a. By adding under China, in alphabetical order, eight Chinese entities; ■ b. By removing under China, one Chinese entity, ‘‘Shanghai Hengtong Optics Technology Limited, a.k.a., the following two aliases: —Shanghai Hengtong Group; and —Shanghai Hengtong Optic-Electric Co., Ltd., 12F Tower A, Fareast International Plaza, 319 Xianxia Road, Shanghai, China.’’; ■ c. By adding in alphabetical order the destination of South Korea under the Country Column, and two South Korean entities; and ■ d. By removing under United Arab Emirates, three Emerati entities, ‘‘Zener Electrical & Electronics, P.O. Box 389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, U.A.E.; and Zener Electrical & Electronics Service Building, Liwa Street, Umm al Nar area, Abu Dhabi, U.A.E.’’; ‘‘Zener Electronics Services, Al Sharafi Building, Khalid bin Walid Rd, Dubai, U.A.E.; and P.O. Box 389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, U.A.E.; and Plot S20206, Dubai, U.A.E.’’; and ‘‘Zener Navcom, P.O. Box 389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, U.A.E.; and Plot S20206, Dubai, U.A.E.’’. The additions read as follows: ■ SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST Country Entity * * * asabaliauskas on DSK5VPTVN1PROD with RULES CHINA, PEOPLE’S REPUBLIC OF. VerDate Sep<11>2014 License requirement * * 18:34 Jul 27, 2015 Jkt 235001 * * * Beijing FJR Optoelectronic Technology Company Ltd, a.k.a, the following three aliases: —FJIR Optoelectronic Technology Company Ltd.; —Beijing Fu Jerry; and —Fu Jirui. No. 2A Zhonghuan South Road, Wangjing, Chaoyang District, Beijing, China, 100102; and Room 302 Office, Bldg. 11, No. 4, Anningzhuang Rd, Beijing, China, 100085; and Beijing Shunyi district airport into 25–4, Huiyuan, 25th floor, 100028, Beijing; and 25–4 Yuhua Rd, 25th Floor, Shunyi District, Beijing, China 101318. PO 00000 License review policy * For all items subject to the EAR. (See § 744.11 of the EAR). Frm 00021 Fmt 4700 Sfmt 4700 * * * * Presumption of denial ........... E:\FR\FM\28JYR1.SGM Federal Register citation 28JYR1 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. 44850 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued Country Entity * License requirement * * Beijing Opto-Electronics Technology Company, a.k.a., the following one alias: —BOET No. 4, Jiuxianqiao Road, Chaoyang District, Beijing, China, 100015. * * asabaliauskas on DSK5VPTVN1PROD with RULES * * 18:34 Jul 27, 2015 Jkt 235001 For all items subject to the EAR. (See § 744.11 of the EAR). PO 00000 * For all items subject to the EAR. (See § 744.11 of the EAR). Fmt 4700 Sfmt 4700 * 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. * Presumption of denial ........... E:\FR\FM\28JYR1.SGM 80 FR [INSERT FR PAGE NUMBER AND DATE]; 7/ 28/2015. * Presumption of denial ........... * Federal Register citation * Presumption of denial ........... For all items subject to the EAR. (See § 744.11 of the EAR). Frm 00022 * * * China Electronic Technology Group Corporation No. 11 Research Institute, a.k.a, the following three aliases, including the named subordinate institutions: —North China Research Institute of Electro-Optics (NCRIEO); —China North Research Institute of Electro-Optics; and —CETC 11th Research Institute (CETC 11th RI). Subordinate institution Beijing Laiyin Company Ltd, a.k.a., the following one alias, —Beijing North China Lai Yin Opto-Electronics Technology Company. Subordinate Institution: China Electronics Technology Corporation (CETC) Infrared Engineering and Technology Company, a.k.a., the following one alias: —CETC Infrared or CETC IR. No. 10, Jiuxianqiao North Road, Chaoyang District, Beijing, China, 100016; and No. 4 Jiuxianqiao Road, Chaoyang District, Beijing, China, 100015; and Electronic City of Zhong Guan Cun Technical Zone, Beijing, China, 100015. VerDate Sep<11>2014 * * BOP Opto-Electronics Technology Company, a.k.a., the following one alias: —Beijing BOP Electro-Optics. No. 10, Jiuxianqiao North Road, Chaoyang District, Beijing, China, 100016; and No. 4 Jiuxianqiao Road, Chaoyang District, Beijing, China, 100015. License review policy 28JYR1 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. 44851 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued Country Entity * License requirement * * China National Commercial New Tone Trading Company Ltd, Room 616, 2nd Building, No. 45 Fuxingmennei St, Beijing, China, 100801; and No. 45 Fuxing Mennei Avenue, Xicheng District, Beijing, China, 100801. * * * For all items subject to the EAR. (See § 744.11 of the EAR). * * Fuyuan Huang, No. 2A Zhonghuan South Road, Wangjing, Chaoyang District, Beijing, China, 100102; and Room 302 Office, Bldg 11, No. 4, Anningzhuang Rd, Beijing, China, 100085. License review policy * * * * Presumption of denial ........... For all items subject to the EAR. (See § 744.11 of the EAR). * Federal Register citation 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. * * Presumption of denial ........... * 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. * * Yin Zhao, No. 2A Zhonghuan South Road, Wangjing, Chaoyang District, Beijing, China, 100102; and Room 302 Office, Bldg 11, No. 4, Anningzhuang Rd, Beijing, China, 100085. For all items subject to the EAR. (See § 744.11 of the EAR). Presumption of denial ........... 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. Yiwu Tianying Optical Instrument Company, Room 301, 1 Unit, 18 Building, Houcheng Yi Qu, Jiangdong Street, Yiwu City, Zhejiang, China, 322000. For all items subject to the EAR. (See § 744.11 of the EAR). Presumption of denial ........... 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. * * asabaliauskas on DSK5VPTVN1PROD with RULES SOUTH KOREA Korea Automation Industry (KAI), D–304, Songdo BRC Smart Valley 30 Songdomirae-ro Yeonsugu, Incheon, South Korea 406–840; and 4F Miejeong B/D, 405–216, MOK 1Dong, Yangcheon-Ku, Seoul, South Korea; and Number 102–704, Daewoo 2nd, 925–7 Dongchundong, YeonsuKu, Incheon, South Korea. Joseph Choi, aka Yo-so’p Ch’oe, D–304, Songdo BRC Smart Valley 30 Songdomirae-ro Yeonsugu, Incheon, South Korea 406–840; and 4F Miejeong B/D, 405–216, MOK 1Dong, Yangcheon-Ku, Seoul, South Korea. * VerDate Sep<11>2014 * * 18:34 Jul 27, 2015 * PO 00000 * * For all items subject to the EAR. (See § 744.11 of the EAR). Presumption of denial ........... 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. For all items subject to the EAR. (See § 744.11 of the EAR). Presumption of denial ........... 80 FR [INSERT FR PAGE NUMBER]; 7/28/2015. * Jkt 235001 * * Frm 00023 Fmt 4700 * Sfmt 4700 E:\FR\FM\28JYR1.SGM * 28JYR1 * 44852 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations Dated: July 22, 2015. Kevin J. Wolf, Assistant Secretary for Export Administration. The Coast Guard will enforce the marine event special local regulation for the annual San Diego Bayfair in 33 CFR 100.1101, Table 1, Item 12 from September 18, 2015 to September 20, 2015, from 7 a.m. to 6 p.m. Under the provisions of 33 CFR 100.1101, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area of the Mission Bay unless authorized by the Captain of the Port, or his designated representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. This document is issued under authority 33 CFR 100.1101 and 5 U.S.C. 552(a). In addition to this document in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via the Local Notice to Mariners, Broadcast Notice to Mariners, and local advertising by the event sponsor. If the Coast Guard determines that the regulated area need not be enforced for the full duration stated on this document, then a Broadcast Notice to Mariners or other communications coordinated with the event sponsor will grant general permission to enter the regulated area. SUPPLEMENTARY INFORMATION: [FR Doc. 2015–18511 Filed 7–27–15; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2015–0571] Special Local Regulation; Annual Marine Events on the San Diego Bay, Within the San Diego Captain of the Port Zone Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce a marine event special local regulation on the navigable waters of Mission Bay, San Diego, CA in support of the annual San Diego Bayfair from September 18, 2015 to September 20, 2015, from 7 a.m. to 6 p.m. This action is necessary to provide for the safety of the participants, crew, spectators, safety vessels, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative. SUMMARY: The special local regulations listed in 33 CFR 100.1101, Table 1, Item 12, will be enforced from 7 a.m. to 6 p.m. from September 18, 2015 to September 20, 2015. FOR FURTHER INFORMATION CONTACT: If you have questions on this publication, call or email Petty Officer Nick Bateman, Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone (619) 278–7656, email D11PF-MarineEventsSanDiego@uscg.mil. DATES: Dated: July 14, 2015. J. S. Spaner, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. 2015–18458 Filed 7–27–15; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 100 and 165 [Docket No. USCG–2014–0865] Special Local Regulations and Safety Zones; Recurring Events Held in the Coast Guard Sector Northern New England Captain of the Port Zone Coast Guard, DHS. Notice of enforcement. AGENCY: ACTION: The Coast Guard will enforce the events outlined in Tables 1 and 2 taking place throughout the Sector Northern New England Captain of the Port (COTP) Zone. This action is necessary to protect marine traffic and spectators from the hazards associated with powerboat races, regattas, boat parades, rowing and paddling boat races, swim events, and fireworks displays. During the enforcement period, no person or vessel may enter the special local regulation area or safety zone without permission of the COTP. SUMMARY: The special local regulations and safety zones listed in 33 CFR 100.120 and 33 CFR 165.171 will be enforced during the dates and times as listed in the SUPPLEMENTARY INFORMATION section of this document. For events occurring before August 1, 2015, actual notice of the safety zone or special local regulation will be provided. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call or email Chief Chris Bains, U.S. Coast Guard, Sector Northern New England, Waterways Management Division, via telephone at 207–347–5003 or email at Chris.D.Bains@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special local regulations and safety zones listed in 33 CFR 100.120 and 33 CFR 165.171. These regulations will be enforced for the duration of each event, on or about the dates indicated in TABLES 1 and 2. DATES: TABLE 1 [33 CFR 100.120] asabaliauskas on DSK5VPTVN1PROD with RULES JUNE Charlie Begin Memorial Lobster Boat Races ........................................... VerDate Sep<11>2014 18:34 Jul 27, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4700 • • • • • Event Type: Power Boat Race. Sponsor: Boothbay Harbor Lobster Boat Committee. Date: June 20, 2015. Time: 8:00 a.m. to 2:00 p.m. Location: The regulated area includes all waters of Boothbay Harbor, Maine in the vicinity of John’s Island within the following points (NAD 83): 43°50′04″ N., 069°38′37″ W. Sfmt 4700 E:\FR\FM\28JYR1.SGM 28JYR1

Agencies

[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Rules and Regulations]
[Pages 44846-44852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18511]



[[Page 44846]]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 150427401-5401-01]
RIN 0694-AG61


Addition of Certain Persons to the Entity List; and Removal of 
Certain Persons From the Entity List Based on Removal Requests

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule amends the Export Administration Regulations (EAR) 
by adding ten persons to the Entity List. The ten 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 ten persons will be listed on the Entity List 
under the destinations of China and South Korea.
    This final rule also removes four persons from the Entity List, as 
the result of requests for removal submitted by these persons, a review 
of information provided in the removal requests 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 July 28, 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 ten persons to 
the Entity List. These ten 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 ten entries added to the Entity List 
consist of eight entries in China and two entries in South Korea.
    The ERC reviewed Sec.  744.11(b) (Criteria for revising the Entity 
List) in making the determination to add these ten 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.
    Pursuant to Sec.  744.11 of the EAR, the ERC determined that the 
following eight persons under the destination of China and two persons 
under the destination of South Korea be added to the Entity List for 
actions contrary to the national security or foreign policy interests 
of the United States.
    Specifically, for the eight additions under the destination of 
China, there is reasonable cause to believe, based on specific and 
articulable facts, that these eight persons have violated U.S. export 
laws by illicitly procuring sensitive U.S. items for unauthorized end 
use in China and Iran. For the two additions under the destination of 
South Korea, there is reasonable cause to believe, based on specific 
and articulable facts that these two persons have violated U.S. export 
laws by supporting the illicit procurement efforts of ballistic-missile 
related parties in Iran since at least 2011.
    Pursuant to Sec.  744.11(b)(5) of the EAR, the ERC determined that 
the conduct of these ten 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 ten 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 ten persons to the Entity List:

China

    (1) Beijing FJR Optoelectronic Technology Company Ltd, a.k.a, the 
following three aliases:

--FJIR Optoelectronic Technology Company Ltd.;
--Beijing Fu Jerry; and
--Fu Jirui.
    No. 2A Zhonghuan South Road, Wangjing, Chaoyang District, Beijing, 
China, 100102; and Room 302 Office, Bldg. 11, No. 4, Anningzhuang Rd, 
Beijing, China, 100085; and Beijing Shunyi district airport into 25-4, 
Huiyuan, 25th floor, 100028, Beijing; and 25-4 Yuhua Rd, 25th Floor, 
Shunyi District, Beijing, China 101318;

    (2) Beijing Opto-Electronics Technology Company, a.k.a., the 
following one alias:

--BOET.
    No. 4, Jiuxianqiao Road, Chaoyang District, Beijing, China, 100015;

    (3) BOP Opto-Electronics Technology Company, a.k.a., the following 
one alias

:
[[Page 44847]]


--Beijing BOP Electro-Optics.
    No. 10, Jiuxianqiao North Road, Chaoyang District, Beijing, China, 
100016; and
    No. 4 Jiuxianqiao Road, Chaoyang District, Beijing, China, 100015;

    (4) China Electronic Technology Group Corporation No. 11 Research 
Institute, a.k.a, the following three aliases, and including the named 
subordinate institutions:

--North China Research Institute of Electro-Optics (NCRIEO);
--China North Research Institute of Electro-Optics; and
--CETC 11th Research Institute (CETC 11th RI).

    Subordinate institution Beijing Laiyin Company Ltd, a.k.a., the 
following one alias,

--Beijing North China Lai Yin Opto-Electronics Technology Company;

    Subordinate institution China Electronics Technology Corporation 
(CETC) Infrared Engineering and Technology Company, a.k.a., the 
following one alias:

--CETC Infrared or CETC IR.
    No. 10, Jiuxianqiao North Road, Chaoyang District, Beijing, China, 
100016; and
    No. 4 Jiuxianqiao Road, Chaoyang District, Beijing, China, 100015; 
and Electronic City of Zhong Guan Cun Technical Zone, Beijing, China, 
100015.

    (5) China National Commercial New Tone Trading Company Ltd, Room 
616, 2nd Building, No. 45 Fuxingmennei St, Beijing, China, 100801; and 
No. 45 Fuxing Mennei Avenue, Xicheng District, Beijing, China, 100801;
    (6) Fuyuan Huang, No. 2A Zhonghuan South Road, Wangjing, Chaoyang 
District, Beijing, China, 100102; and Room 302 Office, Bldg 11, No. 4, 
Anningzhuang Rd, Beijing, China, 100085;
    (7) Yin Zhao, No. 2A Zhonghuan South Road, Wangjing, Chaoyang 
District, Beijing, China, 100102; and Room 302 Office, Bldg 11, No. 4, 
Anningzhuang Rd, Beijing, China, 100085; and
    (8) Yiwu Tianying Optical Instrument Company, Room 301, 1 Unit, 18 
Building, Houcheng Yi Qu, Jiangdong Street, Yiwu City, Zhejiang, China, 
322000.

South Korea

    (1) Korea Automation Industry (KAI),
    D-304, Songdo BRC Smart Valley 30 Songdomirae-ro Yeonsu-gu, 
Incheon, South Korea 406-840; and 4F Miejeong B/D, 405-216, MOK 1-Dong, 
Yangcheon-Ku, Seoul, South Korea; and Number 102-704, Daewoo 2nd, 925-7 
Dongchundong, Yeonsu-Ku, Incheon, South Korea; and
    (2) Joseph Choi, aka Yo-so'p Ch'oe,
    D-304, Songdo BRC Smart Valley 30 Songdomirae-ro Yeonsu-gu, 
Incheon, South Korea 406-840; and 4F Miejeong B/D, 405-216, MOK 1-Dong, 
Yangcheon-Ku, Seoul, South Korea.

Removals From the Entity List

    This rule implements a decision of the ERC to remove four persons, 
Shanghai Hengtong Optics Technology Limited, located in China; and 
Zener Electrical & Electronics, Zener Electronics Services, and Zener 
Navcom, located in the United Arab Emirates (UAE), from the Entity List 
on the basis of removal requests submitted by these listed persons. 
Based upon a review of the information provided in the removal requests 
in accordance with Sec.  744.16 (Procedure for requesting removal or 
modification of an Entity List entity) and further review conducted by 
the ERC, the ERC determined that these four persons should be removed 
from the Entity List.
    For the first ERC approved removal, Shanghai Hengtong Optics 
Technology Limited was added to the Entity List on May 1, 2014 (79 FR 
24563) pursuant to Sec.  744.11(b)(2) and (b)(5) of the EAR. The ERC's 
decision to remove Shanghai Hengtong from the Entity List was based on 
information provided by the company in its appeal request pursuant to 
Sec.  744.16, forthcoming information provided by Shanghai Hengtong in 
subsequent cooperative exchanges, and further reviews conducted by the 
ERC.
    For the three ERC approved removals for Zener Electronics Services, 
Zener Electrical & Electronics, and Zener Navcom, these persons were 
added to the Entity List on June 5, 2014 (79 FR 32441), pursuant to 
Sec.  744.11(b)(1), (b)(2) and (b)(4) of the EAR. The ERC's decision to 
remove Zener Electronics Services, Zener Electrical & Electronics, and 
Zener Navcom from the Entity List was based on the information provided 
by the companies in their appeal request, forthcoming information by 
the companies in subsequent cooperative exchanges, and further reviews 
conducted by the ERC.
    The Zeneer related entity removals in this rule are limited to the 
three entities specified in this rule. This rule does not remove any of 
the other Zener related entities currently on the Entity List (Zener 
Marine, Zener One Net located in the UAE, and Zener Lebanon located in 
Lebanon), which were also added to the Entity List on June 5, 2014 (79 
FR 32441) and are still subject to the Entity List-based license 
requirements.
    In accordance with Sec.  744.16(c), the Deputy Assistant Secretary 
for Export Administration has sent written notification to these four 
persons, informing these persons of the ERC's decision to remove these 
persons from the Entity List.
    This final rule implements the decision to remove the following 
four persons located in China and the UAE from the Entity List:

China

    (1) Shanghai Hengtong Optics Technology Limited, a.k.a., the 
following two aliases:
--Shanghai Hengtong Group; and
--Shanghai Hengtong Optic-Electric Co., Ltd.
    12F Tower A, Fareast International Plaza, 319 Xianxia Road, 
Shanghai, China.

United Arab Emirates

    (1) Zener Electrical & Electronics,
    P.O. Box 389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, U.A.E.; 
and Zener Electrical & Electronics Service Building, Liwa Street, Umm 
al Nar area, Abu Dhabi, U.A.E.;
    (2) Zener Electronics Services,
    Al Sharafi Building, Khalid bin Walid Rd, Dubai, U.A.E.; and P.O. 
Box 389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, U.A.E.; and Plot 
S20206, Dubai, U.A.E.; and
    (3) Zener Navcom,
    P.O. Box 389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, U.A.E.; 
and Plot S20206, Dubai, U.A.E.
    The removal of the four entities 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 these entities. However, the removal of these four entities 
from the Entity List does not relieve persons of other obligations 
under part 744 of the EAR or under other parts of the EAR. Neither the 
removal of an entity from the Entity List nor the removal of Entity 
List-based license requirements relieves persons of their obligations 
under General Prohibition 5 in Sec.  736.2(b)(5) of the EAR which 
provides that, ``you may not, without a license, knowingly export or 
reexport any item subject to the EAR to an end-user or end-use that is 
prohibited by part 744 of the EAR.'' Additionally these removals do 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

[[Page 44848]]

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 July 28, 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 ten persons added 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 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 this entity 
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 four removals 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)). 
These four removals have 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 
applicants to receive U.S. exports immediately since these four 
applicants already have 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 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 decisions to remove these four entities. In addition, the 
information included in

[[Page 44849]]

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 
four persons from the Entity List removes a requirement (the Entity-
List-based license requirement and limitation on use of license 
exceptions) on these four persons being removed from the Entity List. 
The rule does not impose a requirement on any other person for these 
four removals 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 August 7, 2014, 79 FR 46959 
(August 11, 2014); Notice of September 17, 2014, 79 FR 56475 
(September 19, 2014); Notice of November 7, 2014, 79 FR 67035 
(November 12, 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, eight Chinese 
entities;
0
b. By removing under China, one Chinese entity, ``Shanghai Hengtong 
Optics Technology Limited, a.k.a., the following two aliases:
--Shanghai Hengtong Group; and
--Shanghai Hengtong Optic-Electric Co., Ltd., 12F Tower A, Fareast 
International Plaza, 319 Xianxia Road, Shanghai, China.'';
0
c. By adding in alphabetical order the destination of South Korea under 
the Country Column, and two South Korean entities; and
0
d. By removing under United Arab Emirates, three Emerati entities, 
``Zener Electrical & Electronics, P.O. Box 389, Dubai, U.A.E.; and P.O. 
Box 3905, Abu Dhabi, U.A.E.; and Zener Electrical & Electronics Service 
Building, Liwa Street, Umm al Nar area, Abu Dhabi, U.A.E.''; ``Zener 
Electronics Services, Al Sharafi Building, Khalid bin Walid Rd, Dubai, 
U.A.E.; and P.O. Box 389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, 
U.A.E.; and Plot S20206, Dubai, U.A.E.''; and ``Zener Navcom, P.O. Box 
389, Dubai, U.A.E.; and P.O. Box 3905, Abu Dhabi, U.A.E.; and Plot 
S20206, Dubai, U.A.E.''.
    The additions read as follows:

                                    Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
                                                                           License review      Federal Register
         Country                   Entity          License requirement         policy              citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------
CHINA, PEOPLE'S REPUBLIC   Beijing FJR            For all items         Presumption of       80 FR [INSERT FR
 OF.                        Optoelectronic         subject to the EAR.   denial.              PAGE NUMBER]; 7/28/
                            Technology Company     (See Sec.   744.11                         2015.
                            Ltd, a.k.a, the        of the EAR).
                            following three
                            aliases:
                           --FJIR Optoelectronic
                            Technology Company
                            Ltd.;
                           --Beijing Fu Jerry;
                            and
                           --Fu Jirui. No. 2A
                            Zhonghuan South
                            Road, Wangjing,
                            Chaoyang District,
                            Beijing, China,
                            100102; and Room 302
                            Office, Bldg. 11,
                            No. 4, Anningzhuang
                            Rd, Beijing, China,
                            100085; and Beijing
                            Shunyi district
                            airport into 25-4,
                            Huiyuan, 25th floor,
                            100028, Beijing; and
                            25-4 Yuhua Rd, 25th
                            Floor, Shunyi
                            District, Beijing,
                            China 101318.
----------------------------------------------------------------------------------------------------------------
 

[[Page 44850]]

 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------
                           Beijing Opto-          For all items         Presumption of       80 FR [INSERT FR
                            Electronics            subject to the EAR.   denial.              PAGE NUMBER AND
                            Technology Company,    (See Sec.   744.11                         DATE]; 7/28/2015.
                            a.k.a., the            of the EAR).
                            following one alias:
                           --BOET
                           No. 4, Jiuxianqiao
                            Road, Chaoyang
                            District, Beijing,
                            China, 100015.
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------
                           BOP Opto-Electronics   For all items         Presumption of       80 FR [INSERT FR
                            Technology Company,    subject to the EAR.   denial.              PAGE NUMBER]; 7/28/
                            a.k.a., the            (See Sec.   744.11                         2015.
                            following one alias:   of the EAR).
                           --Beijing BOP Electro-
                            Optics.
                           No. 10, Jiuxianqiao
                            North Road, Chaoyang
                            District, Beijing,
                            China, 100016; and
                           No. 4 Jiuxianqiao
                            Road, Chaoyang
                            District, Beijing,
                            China, 100015.
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------
                           China Electronic       For all items         Presumption of       80 FR [INSERT FR
                            Technology Group       subject to the EAR.   denial.              PAGE NUMBER]; 7/28/
                            Corporation No. 11     (See Sec.   744.11                         2015.
                            Research Institute,    of the EAR).
                            a.k.a, the following
                            three aliases,
                            including the named
                            subordinate
                            institutions:
                           --North China
                            Research Institute
                            of Electro-Optics
                            (NCRIEO);
                           --China North
                            Research Institute
                            of Electro-Optics;
                            and
                           --CETC 11th Research
                            Institute (CETC 11th
                            RI).
                           Subordinate
                            institution Beijing
                            Laiyin Company Ltd,
                            a.k.a., the
                            following one alias,
                           --Beijing North China
                            Lai Yin Opto-
                            Electronics
                            Technology Company.
                           Subordinate
                            Institution: China
                            Electronics
                            Technology
                            Corporation (CETC)
                            Infrared Engineering
                            and Technology
                            Company, a.k.a., the
                            following one alias:
                           --CETC Infrared or
                            CETC IR.
                           No. 10, Jiuxianqiao
                            North Road, Chaoyang
                            District, Beijing,
                            China, 100016; and
                           No. 4 Jiuxianqiao
                            Road, Chaoyang
                            District, Beijing,
                            China, 100015; and
                           Electronic City of
                            Zhong Guan Cun
                            Technical Zone,
                            Beijing, China,
                            100015.
----------------------------------------------------------------------------------------------------------------
 

[[Page 44851]]

 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------
                           China National         For all items         Presumption of       80 FR [INSERT FR
                            Commercial New Tone    subject to the EAR.   denial.              PAGE NUMBER]; 7/28/
                            Trading Company Ltd,   (See Sec.   744.11                         2015.
                            Room 616, 2nd          of the EAR).
                            Building, No. 45
                            Fuxingmennei St,
                            Beijing, China,
                            100801; and No. 45
                            Fuxing Mennei
                            Avenue, Xicheng
                            District, Beijing,
                            China, 100801.
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------
                           Fuyuan Huang, No. 2A   For all items         Presumption of       80 FR [INSERT FR
                            Zhonghuan South        subject to the EAR.   denial.              PAGE NUMBER]; 7/28/
                            Road, Wangjing,        (See Sec.   744.11                         2015.
                            Chaoyang District,     of the EAR).
                            Beijing, China,
                            100102; and Room 302
                            Office, Bldg 11, No.
                            4, Anningzhuang Rd,
                            Beijing, China,
                            100085.
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------
                           Yin Zhao, No. 2A       For all items         Presumption of       80 FR [INSERT FR
                            Zhonghuan South        subject to the EAR.   denial.              PAGE NUMBER]; 7/28/
                            Road, Wangjing,        (See Sec.   744.11                         2015.
                            Chaoyang District,     of the EAR).
                            Beijing, China,
                            100102; and Room 302
                            Office, Bldg 11, No.
                            4, Anningzhuang Rd,
                            Beijing, China,
                            100085.
----------------------------------------------------------------------------------------------------------------
                           Yiwu Tianying Optical  For all items         Presumption of       80 FR [INSERT FR
                            Instrument Company,    subject to the EAR.   denial.              PAGE NUMBER]; 7/28/
                            Room 301, 1 Unit, 18   (See Sec.   744.11                         2015.
                            Building, Houcheng     of the EAR).
                            Yi Qu, Jiangdong
                            Street, Yiwu City,
                            Zhejiang, China,
                            322000.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
SOUTH KOREA..............  Korea Automation       For all items         Presumption of       80 FR [INSERT FR
                            Industry (KAI), D-     subject to the EAR.   denial.              PAGE NUMBER]; 7/28/
                            304, Songdo BRC        (See Sec.   744.11                         2015.
                            Smart Valley 30        of the EAR).
                            Songdomirae-ro
                            Yeonsu-gu, Incheon,
                            South Korea 406-840;
                            and 4F Miejeong B/D,
                            405-216, MOK 1-Dong,
                            Yangcheon-Ku, Seoul,
                            South Korea; and
                            Number 102-704,
                            Daewoo 2nd, 925-7
                            Dongchundong, Yeonsu-
                            Ku, Incheon, South
                            Korea.
                           Joseph Choi, aka Yo-   For all items         Presumption of       80 FR [INSERT FR
                            so'p Ch'oe, D-304,     subject to the EAR.   denial.              PAGE NUMBER]; 7/28/
                            Songdo BRC Smart       (See Sec.   744.11                         2015.
                            Valley 30              of the EAR).
                            Songdomirae-ro
                            Yeonsu-gu, Incheon,
                            South Korea 406-840;
                            and 4F Miejeong B/D,
                            405-216, MOK 1-Dong,
                            Yangcheon-Ku, Seoul,
                            South Korea.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------



[[Page 44852]]

    Dated: July 22, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-18511 Filed 7-27-15; 8:45 am]
BILLING CODE 3510-33-P