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]
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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:
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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
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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
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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
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—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
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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
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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
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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).
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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
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
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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
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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
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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
*
*
*
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*
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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
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*
*
*
*
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
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EAR. (See § 744.11 of the
EAR).
PO 00000
*
For all items subject to the
EAR. (See § 744.11 of the
EAR).
Fmt 4700
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*
80 FR [INSERT FR PAGE
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*
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.
*
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*
*
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*
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
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Charlie Begin Memorial Lobster Boat Races ...........................................
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•
•
•
•
•
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.
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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]]
=======================================================================
-----------------------------------------------------------------------
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
