Russian Sanctions: Addition to the Entity List To Prevent Violations of Russian Industry Sector Sanctions, 47402-47405 [2015-19274]
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Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Rules and Regulations
system but do not merit the classic
‘‘failure warning.’’
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
Applicability
As discussed above, these special
conditions are applicable to the
Bombardier Models BD–700–2A12 and
BD–700–2A13 series airplanes. Should
Bombardier Inc. apply at a later date for
a change to the type certificate to
include another model incorporating the
same novel or unusual design features,
these special conditions would apply to
that model as well.
Conclusion
This action affects only certain novel
or unusual design features on two
model series of airplanes. It is not a rule
of general applicability.
The substance of these special
conditions has been subjected to the
notice and comment period in several
prior instances and has been derived
without substantive change from those
previously issued. It is unlikely that
prior public comment would result in a
significant change from the substance
contained herein. Therefore, the FAA
has determined that prior public notice
and comment are unnecessary, and good
cause exists for adopting these special
conditions upon publication in the
Federal Register. The FAA is requesting
comments to allow interested persons to
submit views that may not have been
submitted in response to the prior
opportunities for comment described
above.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
■ The authority citation for these
special conditions is as follows:
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Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
The Special Conditions
■ Accordingly, pursuant to the authority
delegated to me by the Administrator,
the following special conditions are
issued as part of the type certification
basis for the Bombardier Inc. Models
BD–700–2A12 and BD–700–2A13 series
airplanes.
1. In addition to the requirements of
§§ 25.143, 25.671, and 25.672, the
following requirements apply:
a. The system design must ensure that
the flightcrew is made suitably aware
whenever the primary control means
nears the limit of control authority.
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Note: The term ‘‘suitably aware’’
indicates annunciations provided to the
flightcrew are appropriately balanced
between nuisance and that necessary for
crew awareness.
b. If the design of the flight control
system has multiple modes of operation,
a means must be provided to indicate to
the flightcrew any mode that
significantly changes or degrades the
normal handling or operational
characteristics of the airplane.
Issued in Renton, Washington, on June 17,
2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2015–19458 Filed 8–6–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 744 and 746
[Docket No. 150610514–5514–01]
RIN 0694–AG66
Russian Sanctions: Addition to the
Entity List To Prevent Violations of
Russian Industry Sector Sanctions
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
This final rule amends the
Export Administration Regulations
(EAR) to further implement U.S.
sanctions on certain Russian energy
projects. Specifically, in this rule, the
Bureau of Industry and Security (BIS)
amends the EAR by adding a Russian oil
and gas field, the Yuzhno-Kirinskoye
Field located in the Sea of Okhotsk, to
the Entity List. This Russian field is
reported to contain substantial reserves
of oil in addition to reserves of gas. The
U.S. Government has determined,
therefore, that exports, reexports, and
transfers (in-country) of all items subject
to the EAR to this Russian field by any
person without first obtaining a BIS
license present an unacceptable risk of
use in, or diversion to, the activities
specified in the Russian industry sector
sanctions. Thus, as part of the BIS ‘‘is
informed’’ process, this final rule adds
this Russian field to the Entity List to
further implement the Russian industry
sector sanctions. This Russian field will
be listed on the Entity List under the
destination of Russia. This final rule
clarifies the introductory text of the
Entity List to specify that the embargoes
and other special controls part of the
EAR is also used to add entities to the
SUMMARY:
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Entity List. Lastly, this final rule makes
a change to the Russian industry sector
sanctions by clarifying the additional
prohibition on those informed by BIS
also includes end-uses that are within
the scope of the Russian Industry sector
sanctions.
DATES: This rule is effective August 7,
2015.
FOR FURTHER INFORMATION CONTACT: For
this Entity List-related change, contact
the 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. For the
Russian industry sector sanctions
referred to in this rule, contact Eileen
Albanese, Director, Office of National
Security and Technology Transfer
Controls, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–0092, Fax: (202) 482–
482–3355, Email: rpd2@bis.doc.gov. For
emails, include ‘‘Russia’’ in the subject
line.
SUPPLEMENTARY INFORMATION:
Background
This final rule amends the Export
Administration Regulations (EAR) to
further implement U.S. sanctions on
certain Russian energy projects.
Specifically, in this rule, the Bureau of
Industry and Security (BIS) amends the
EAR by adding a Russian oil and gas
field, the Yuzhno-Kirinskoye Field
located in the Sea of Okhotsk, to the
Entity List.
This Russian field is reported to
contain substantial reserves of oil in
addition to reserves of gas. The U.S.
Government has determined, therefore,
that exports, reexports, and transfers (incountry) of all items subject to the EAR
to this Russian field by any person
without first obtaining a BIS license
present an unacceptable risk of use in,
or diversion to, the activities specified
in the Russian industry sector sanctions.
Thus, as part of the BIS ‘‘is informed’’
process, this final rule adds this Russian
field to the Entity List to further
implement the Russian industry sector
sanctions. This Russian field will be
listed on the Entity List under the
destination of Russia.
Entity List
The Entity List (Supplement No. 4 to
Part 744) identifies entities and other
persons reasonably believed to be
involved, or to pose a significant risk of
being or becoming involved, in
activities contrary to the national
security or foreign policy interests of the
United States. The EAR imposes
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additional licensing requirements on,
and limits the availability of most
license exceptions for, exports,
reexports, and transfers (in-country) to
those listed. The ‘‘license review
policy’’ for each listed entity or other
person is identified in the License
Review Policy column on the Entity List
and the impact on the availability of
license exceptions is described in the
Federal Register notice adding entities
or other persons to the Entity List. BIS
places entities and other persons on the
Entity List pursuant to sections of part
744 (Control Policy: End-User and EndUse 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, rules
on additions to, removals from, and
other modifications to the Entity List.
The ERC makes decisions to add an
entry to the Entity List by majority vote
and decisions to remove or modify an
entry by unanimous vote.
obtaining a BIS license has been
determined by the U.S. Government to
present an unacceptable risk of use in,
or diversion to, the activities specified
in paragraph (a)(1) of § 746.5, namely
exploration for, or production of, oil or
gas in Russian deepwater (greater than
500 feet) locations. Therefore, a license
requirement for all items subject to the
EAR is warranted.
License applications for such
transactions will be reviewed with a
presumption of denial because such
exports, reexports, and transfers (incountry) are for use directly or
indirectly in exploration or production
from a deepwater (greater than 500 feet)
project in Russia that has the potential
to produce oil. In addition, no license
exceptions are available for exports,
reexports, or transfers (in-country) to the
field being added to the Entity List in
this rule.
This final rule adds the following one
Russian gas and oil field to the Entity
List to expand the EAR license
requirements in § 746.5:
clarifies the cases in which BIS will use
the ‘‘is informed’’ process to assist
exporters, reexporters, and transferors to
‘‘know’’ when an export, reexport, or
transfer (in-country) is subject to the
license requirements specified in
§ 746.5.
Addition to the Entity List Consistent
With Executive Order 13662
Under § 746.5(a)(2), BIS in this final
rule is adding a Russian oil and gas field
to the Entity List and informing the
public of a license requirement for
exports, reexports, or transfers (incountry) of any item subject to the EAR
to that location. This Russian field is
added based on being the site of
activities that are described in Executive
Order 13662 (79 FR 16169), Blocking
Property of Additional Persons
Contributing to the Situation in Ukraine,
issued by the President on March 20,
2014. This Order expanded the scope of
the national emergency declared in
Executive Order 13660 of March 6, 2014
and Executive Order 13661 of March 16,
2014. Specifically, Executive Order
13662 expanded the scope to include
sectors of the Russian Federation’s
economy as may be determined by the
Secretary of the Treasury, in
consultation with the Secretary of State,
such as financial services, energy,
metals and mining, engineering, and
defense and related materiel. The
Department of the Treasury’s Office of
Foreign Assets Control (OFAC),
pursuant to Executive Order 13662 and
on behalf of the Secretary of the
Treasury, has designated certain entities
operating in these sectors.
The Yuzhno-Kirinskoye Field is being
added to the Entity List because it is
reported to contain substantial reserves
of oil. Consequently, exports, reexports,
and transfers (in-country) of all items
subject to the EAR to this Russian oil
and gas field by any person without first
Russia
(1) Yuzhno-Kirinskoye Field, in the
Sea of Okhotsk.
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
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Clarification to the Introductory Text of
the Entity List
As noted above, 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. This final rule, as a
clarification for this existing BIS policy
for adding persons to the Entity List,
revises the first sentence of the
introductory text of the Entity List to
add a reference to part 746. This
clarification to the introductory text will
make it clear that this Supplement lists
certain entities subject to license
requirements for specified items under
this part 744 and part 746 of the EAR.
Clarification to Russian Industry Sector
Sanctions
In § 746.5 (Russian industry sector
sanctions), this final rule revises the
second sentence of paragraph (a)(2) for
the additional prohibition on those
informed by BIS to add the term ‘‘enduse’’ after the term ‘‘end-user.’’ This
change clarifies that the additional
prohibition described in this paragraph
(a)(2), as part of the BIS ‘‘is informed’’
process, may be based on an end-user or
end-use when BIS determines there is
an unacceptable risk of use in, or
diversion to, the activities specified in
paragraph (a)(1) of this section in
Russia. This clarification does not
change the scope of § 746.5, but rather
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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.
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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 Entity List changes 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. foreign policy
interests by preventing items from being
exported, reexported, or transferred (in
country) for use in, or diversion to, the
activities specified in the Russian
industry sector sanctions at the Russian
field being added to the Entity List. If
this rule were delayed to allow for
notice and comment and a delay in
effective date, then persons working on
or in the Russian field being added to
the Entity List by this action would
continue to be able to receive items
subject to the EAR without a license and
to conduct activities contrary to the
Russian industry sector sanctions. In
addition, publishing a proposed rule
would give parties trying to export,
reexport, or transfer (in-country) to this
location notice of the U.S. Government’s
intention to place this Russian field on
the Entity List and would create an
incentive for persons located at this
Russian field to accelerate receiving
items subject to the EAR to conduct
activities that are contrary to the to the
Russian industry sector sanctions, and/
or to take steps to set up additional
aliases and other measures to try to limit
the impact of the listing on the Entity
List. 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 clarification to Russian
industry sector sanctions and
clarification to the introductory text of
the Entity List, the Department finds
that there is good cause under 5 U.S.C.
553(b)(B) to waive the provisions of the
Administrative Procedure Act requiring
prior notice and the opportunity for
public comment because allowing for
notice and comment would be contrary
to the public interest. The revisions to
§ 746.5(a)(2) and the introductory text to
Supplement No. 4 to Part 744, facilitate
public understanding of existing
interpretations of current EAR
provisions, and therefore prior notice
and the opportunity for public comment
would prevent BIS promulgating these
revisions as soon as possible so that the
public will be aware of the correct text
and meaning of these current EAR
provisions.
BIS finds good cause to waive the 30day delay in effectiveness under 5
U.S.C. 553(d)(3). As mentioned
previously, the revisions described here
made by this rule consist of minor
clarifications that need to be in place as
soon as possible to avoid confusion by
the public regarding the intent and
meaning of these changes to the EAR.
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for these amendments 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.
List of Subjects
15 CFR Part 744
Exports, Reporting and recordkeeping
requirements, Terrorism.
15 CFR Part 746
Exports, Reporting and recordkeeping
requirements.
License
requirement
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Country
Entity
*
RUSSIA ............
*
*
*
*
Yuzhno-Kirinskoye Field, in the Sea of
Okhotsk.
*
*
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*
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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 by:
■ a. Adding introductory text;
■ b. Removing from the table the text
below the headings and above the entry
for ‘‘Afghansistan’’; and
■ c. Adding under Russia, in
alphabetical order, the entity ‘‘YuzhnoKirinskoye Field, in the Sea of
Okhotsk’’.
The additions read as follows:
■
Supplement No. 4 to Part 744—Entity
List
This Supplement lists certain entities
subject to license requirements for
specified items under this part 744 and
part 746 of the EAR. License
requirements for these entities include
exports, reexports, and transfers (incountry) unless otherwise stated. This
list of entities is revised and updated on
a periodic basis in this Supplement by
adding new or amended notifications
and deleting notifications no longer in
effect.
Federal Register
citation
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Presumption of denial ......
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NUMBER]; 8/7/15.
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PART 744—[AMENDED]
License
review policy
*
*
For all items subject to
the EAR. (See § 746.5
of the EAR).
*
*
Accordingly, parts 744 and 746 of the
Export Administration Regulations (15
CFR parts 730–774) are amended as
follows:
*
*
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PART 746—[AMENDED]
DEPARTMENT OF HOMELAND
SECURITY
3. The authority citation for 15 CFR
part 746 continues to read as follows:
U.S. Customs and Border Protection
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503,
Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 6004;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994
Comp., p. 899; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR
26751, 3 CFR, 2004 Comp., p 168;
Presidential Determination 2003–23 of May
7, 2003, 68 FR 26459, May 16, 2003;
Presidential Determination 2007–7 of
December 7, 2006, 72 FR 1899 (January 16,
2007); Notice of August 7, 2014, 79 FR 46959
(August 11, 2014); Notice of May 6, 2015, 80
FR 26815 (May 8, 2015).
4. Section 746.5 is amended by
revising paragraph (a)(2) to read as
follows:
■
§ 746.5
Russian industry sector sanctions.
(a) * * *
(2) Additional prohibition on those
informed by BIS. BIS may inform
persons, either individually by specific
notice or through amendment to the
EAR, that a license is required for a
specific export, reexport, or transfer (incountry) or for the export, reexport, or
transfer (in-country) of specified items
to a certain end-user or end-use, because
there is an unacceptable risk of use in,
or diversion to, the activities specified
in paragraph (a)(1) of this section in
Russia. Specific notice is to be given
only by, or at the direction of, the
Deputy Assistant Secretary for Export
Administration. When such notice is
provided orally, it will be followed by
a written notice within two working
days signed by the Deputy Assistant
Secretary for Export Administration.
However, the absence of any such
notification does not excuse persons
from compliance with the license
requirements of paragraph (a)(1) of this
section.
*
*
*
*
*
Dated: July 30, 2015.
Eric L. Hirschhorn,
Under Secretary of Commerce for Industry
and Security.
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[FR Doc. 2015–19274 Filed 8–6–15; 8:45 am]
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19 CFR Parts 181 and 191
[CBP Dec. 15–11]
RIN 1515–AE02
Liberalization of Certain Documentary
Evidence Required as Proof of
Exportation on Drawback Claims
U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
AGENCY:
This document amends U.S.
Customs and Border Protection (CBP)
regulations by removing some of the
requirements for documentation used to
establish proof of exportation for
drawback claims. Currently, claimants
must provide originally signed
documentary evidence or a certified
copy of such documentary evidence to
establish the date and fact of exportation
of articles for drawback purposes. This
document also amends various sections
of title 19 of the Code of Federal
Regulations (CFR) to reflect that there is
no longer a legal requirement that the
export invoice for mail shipments be
certified. Additionally, this document
amends Appendix B to part 191 of title
19 so that the Appendix reflects
previous regulatory amendments closing
four drawback offices. Finally, this
document amends CBP regulations to
reflect the change from the legacy
agency name of U.S. Customs Service to
the current agency name of U.S.
Customs and Border Protection and to
make other non-substantive editorial
changes.
DATES: This final rule is effective on
August 7, 2015.
FOR FURTHER INFORMATION CONTACT: For
legal aspects, Carrie L. Owens, Chief,
Entry Process & Duty Refunds Branch,
Regulations and Rulings, Office of
International Trade, (202) 325–0266. For
operational aspects, Celestine L. Harrell,
Chief, Post Release and Trade Processes
Branch, Office of International Trade,
(202) 863–6937.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
This document amends the U.S.
Customs and Border Protection (CBP)
regulations by: (1) Removing some of
the requirements for drawback
claimants to establish proof of
exportation; (2) conforming Appendix B
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47405
to part 191 of the CBP regulations to
previous regulatory changes reflecting
the closing of four drawback offices; (3)
updating the regulations to reflect that
CBP is now part of the Department of
Homeland Security; and (4) making
other non-substantive editorial and
nomenclature changes.
Easing the Requirements for
Establishing Proof of Exportation
This document amends title 19 of the
Code of Federal Regulations (19 CFR) by
making amendments to 19 CFR parts
181 and 191, specifically, sections 19
CFR 181.47, 191.72 and 191.74 to align
CBP documentation requirements with
current business practices related to the
documents used to establish the date
and fact of exportation for purposes of
drawback. In order to qualify for
drawback, claimants must establish that
articles are exported or destroyed. When
drawback is claimed for exported goods,
the claimant must submit
documentation that establishes fully the
date and fact of exportation and the
identity of the exporter. See 19 CFR
191.72. For certain types of drawback
claims subject to the North American
Free Trade Agreement (NAFTA),
documentation must also establish the
identity and location of the ultimate
consignee of the exported goods. See 19
CFR 181.47 (b)(2)(ii)(G).
The documents for establishing
exportation include, but are not limited
to: a bill of lading, air waybill, freight
waybill, Canadian Customs manifest,
and/or cargo manifest. See 19 CFR
191.72(a). If the export is a mail
shipment, vessel supply, or transfer to a
foreign trade zone, other procedures to
establish exportation may apply. See 19
CFR 191.72 (c)–(e). Current CBP
regulations specify that the documents
listed in paragraph (a) must be either
originally signed or certified copies
thereof. See 19 CFR 191.72(a).
Additionally, certain claims subject to
NAFTA require that the claimant
produce an originally signed document
or a certified copy of such document.
See 19 CFR 181.47(b)(2)(ii)(G).
Acquiring pen and ink signatures for
the original documentation or certified
copies of such documentation is time
consuming and often unrealistic for the
trade. CBP realizes the difficulty of
having to provide a pen and ink
signature for documents when these
documents are issued electronically and
do not contain an actual pen and ink
signature. As a consequence, drawback
claims are often denied when claimants
can produce only documentary
evidence that does not contain a
signature or copies of such documents
that are not certified.
E:\FR\FM\07AUR1.SGM
07AUR1
]]>Agencies
[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Rules and Regulations]
[Pages 47402-47405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19274]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 744 and 746
[Docket No. 150610514-5514-01]
RIN 0694-AG66
Russian Sanctions: Addition to the Entity List To Prevent
Violations of Russian Industry Sector Sanctions
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: This final rule amends the Export Administration Regulations
(EAR) to further implement U.S. sanctions on certain Russian energy
projects. Specifically, in this rule, the Bureau of Industry and
Security (BIS) amends the EAR by adding a Russian oil and gas field,
the Yuzhno-Kirinskoye Field located in the Sea of Okhotsk, to the
Entity List. This Russian field is reported to contain substantial
reserves of oil in addition to reserves of gas. The U.S. Government has
determined, therefore, that exports, reexports, and transfers (in-
country) of all items subject to the EAR to this Russian field by any
person without first obtaining a BIS license present an unacceptable
risk of use in, or diversion to, the activities specified in the
Russian industry sector sanctions. Thus, as part of the BIS ``is
informed'' process, this final rule adds this Russian field to the
Entity List to further implement the Russian industry sector sanctions.
This Russian field will be listed on the Entity List under the
destination of Russia. This final rule clarifies the introductory text
of the Entity List to specify that the embargoes and other special
controls part of the EAR is also used to add entities to the Entity
List. Lastly, this final rule makes a change to the Russian industry
sector sanctions by clarifying the additional prohibition on those
informed by BIS also includes end-uses that are within the scope of the
Russian Industry sector sanctions.
DATES: This rule is effective August 7, 2015.
FOR FURTHER INFORMATION CONTACT: For this Entity List-related change,
contact the 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. For the Russian industry sector sanctions
referred to in this rule, contact Eileen Albanese, Director, Office of
National Security and Technology Transfer Controls, Bureau of Industry
and Security, Department of Commerce, Phone: (202) 482-0092, Fax: (202)
482-482-3355, Email: rpd2@bis.doc.gov. For emails, include ``Russia''
in the subject line.
SUPPLEMENTARY INFORMATION:
Background
This final rule amends the Export Administration Regulations (EAR)
to further implement U.S. sanctions on certain Russian energy projects.
Specifically, in this rule, the Bureau of Industry and Security (BIS)
amends the EAR by adding a Russian oil and gas field, the Yuzhno-
Kirinskoye Field located in the Sea of Okhotsk, to the Entity List.
This Russian field is reported to contain substantial reserves of
oil in addition to reserves of gas. The U.S. Government has determined,
therefore, that exports, reexports, and transfers (in-country) of all
items subject to the EAR to this Russian field by any person without
first obtaining a BIS license present an unacceptable risk of use in,
or diversion to, the activities specified in the Russian industry
sector sanctions. Thus, as part of the BIS ``is informed'' process,
this final rule adds this Russian field to the Entity List to further
implement the Russian industry sector sanctions. This Russian field
will be listed on the Entity List under the destination of Russia.
Entity List
The Entity List (Supplement No. 4 to Part 744) identifies entities
and other persons reasonably believed to be involved, or to pose a
significant risk of being or becoming involved, in activities contrary
to the national security or foreign policy interests of the United
States. The EAR imposes
[[Page 47403]]
additional licensing requirements on, and limits the availability of
most license exceptions for, exports, reexports, and transfers (in-
country) to those listed. The ``license review policy'' for each listed
entity or other person is identified in the License Review Policy
column on the Entity List and the impact on the availability of license
exceptions is described in the Federal Register notice adding entities
or other persons to the Entity List. BIS places entities and other
persons on the Entity List pursuant to 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,
rules on additions to, removals from, and other modifications to the
Entity List. The ERC makes decisions to add an entry to the Entity List
by majority vote and decisions to remove or modify an entry by
unanimous vote.
Addition to the Entity List Consistent With Executive Order 13662
Under Sec. 746.5(a)(2), BIS in this final rule is adding a Russian
oil and gas field to the Entity List and informing the public of a
license requirement for exports, reexports, or transfers (in-country)
of any item subject to the EAR to that location. This Russian field is
added based on being the site of activities that are described in
Executive Order 13662 (79 FR 16169), Blocking Property of Additional
Persons Contributing to the Situation in Ukraine, issued by the
President on March 20, 2014. This Order expanded the scope of the
national emergency declared in Executive Order 13660 of March 6, 2014
and Executive Order 13661 of March 16, 2014. Specifically, Executive
Order 13662 expanded the scope to include sectors of the Russian
Federation's economy as may be determined by the Secretary of the
Treasury, in consultation with the Secretary of State, such as
financial services, energy, metals and mining, engineering, and defense
and related materiel. The Department of the Treasury's Office of
Foreign Assets Control (OFAC), pursuant to Executive Order 13662 and on
behalf of the Secretary of the Treasury, has designated certain
entities operating in these sectors.
The Yuzhno-Kirinskoye Field is being added to the Entity List
because it is reported to contain substantial reserves of oil.
Consequently, exports, reexports, and transfers (in-country) of all
items subject to the EAR to this Russian oil and gas field by any
person without first obtaining a BIS license has been determined by the
U.S. Government to present an unacceptable risk of use in, or diversion
to, the activities specified in paragraph (a)(1) of Sec. 746.5, namely
exploration for, or production of, oil or gas in Russian deepwater
(greater than 500 feet) locations. Therefore, a license requirement for
all items subject to the EAR is warranted.
License applications for such transactions will be reviewed with a
presumption of denial because such exports, reexports, and transfers
(in-country) are for use directly or indirectly in exploration or
production from a deepwater (greater than 500 feet) project in Russia
that has the potential to produce oil. In addition, no license
exceptions are available for exports, reexports, or transfers (in-
country) to the field being added to the Entity List in this rule.
This final rule adds the following one Russian gas and oil field to
the Entity List to expand the EAR license requirements in Sec. 746.5:
Russia
(1) Yuzhno-Kirinskoye Field, in the Sea of Okhotsk.
Clarification to the Introductory Text of the Entity List
As noted above, 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.
This final rule, as a clarification for this existing BIS policy for
adding persons to the Entity List, revises the first sentence of the
introductory text of the Entity List to add a reference to part 746.
This clarification to the introductory text will make it clear that
this Supplement lists certain entities subject to license requirements
for specified items under this part 744 and part 746 of the EAR.
Clarification to Russian Industry Sector Sanctions
In Sec. 746.5 (Russian industry sector sanctions), this final rule
revises the second sentence of paragraph (a)(2) for the additional
prohibition on those informed by BIS to add the term ``end-use'' after
the term ``end-user.'' This change clarifies that the additional
prohibition described in this paragraph (a)(2), as part of the BIS ``is
informed'' process, may be based on an end-user or end-use when BIS
determines there is an unacceptable risk of use in, or diversion to,
the activities specified in paragraph (a)(1) of this section in Russia.
This clarification does not change the scope of Sec. 746.5, but rather
clarifies the cases in which BIS will use the ``is informed'' process
to assist exporters, reexporters, and transferors to ``know'' when an
export, reexport, or transfer (in-country) is subject to the license
requirements specified in Sec. 746.5.
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
[[Page 47404]]
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 Entity List changes 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. foreign
policy interests by preventing items from being exported, reexported,
or transferred (in country) for use in, or diversion to, the activities
specified in the Russian industry sector sanctions at the Russian field
being added to the Entity List. If this rule were delayed to allow for
notice and comment and a delay in effective date, then persons working
on or in the Russian field being added to the Entity List by this
action would continue to be able to receive items subject to the EAR
without a license and to conduct activities contrary to the Russian
industry sector sanctions. In addition, publishing a proposed rule
would give parties trying to export, reexport, or transfer (in-country)
to this location notice of the U.S. Government's intention to place
this Russian field on the Entity List and would create an incentive for
persons located at this Russian field to accelerate receiving items
subject to the EAR to conduct activities that are contrary to the to
the Russian industry sector sanctions, and/or to take steps to set up
additional aliases and other measures to try to limit the impact of the
listing on the Entity List. 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 clarification to Russian industry sector sanctions and
clarification to the introductory text of the Entity List, the
Department finds that there is good cause under 5 U.S.C. 553(b)(B) to
waive the provisions of the Administrative Procedure Act requiring
prior notice and the opportunity for public comment because allowing
for notice and comment would be contrary to the public interest. The
revisions to Sec. 746.5(a)(2) and the introductory text to Supplement
No. 4 to Part 744, facilitate public understanding of existing
interpretations of current EAR provisions, and therefore prior notice
and the opportunity for public comment would prevent BIS promulgating
these revisions as soon as possible so that the public will be aware of
the correct text and meaning of these current EAR provisions.
BIS finds good cause to waive the 30-day delay in effectiveness
under 5 U.S.C. 553(d)(3). As mentioned previously, the revisions
described here made by this rule consist of minor clarifications that
need to be in place as soon as possible to avoid confusion by the
public regarding the intent and meaning of these changes to the EAR.
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for these amendments 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.
List of Subjects
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
15 CFR Part 746
Exports, Reporting and recordkeeping requirements.
Accordingly, parts 744 and 746 of the Export Administration
Regulations (15 CFR parts 730-774) are 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 by:
0
a. Adding introductory text;
0
b. Removing from the table the text below the headings and above the
entry for ``Afghansistan''; and
0
c. Adding under Russia, in alphabetical order, the entity ``Yuzhno-
Kirinskoye Field, in the Sea of Okhotsk''.
The additions read as follows:
Supplement No. 4 to Part 744--Entity List
This Supplement lists certain entities subject to license
requirements for specified items under this part 744 and part 746 of
the EAR. License requirements for these entities include exports,
reexports, and transfers (in-country) unless otherwise stated. This
list of entities is revised and updated on a periodic basis in this
Supplement by adding new or amended notifications and deleting
notifications no longer in effect.
----------------------------------------------------------------------------------------------------------------
License review Federal Register
Country Entity License requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
RUSSIA................. * * * * * *
Yuzhno-Kirinskoye Field, in For all items Presumption of 80 FR [INSERT FR
the Sea of Okhotsk. subject to the denial. PAGE NUMBER]; 8/
EAR. (See Sec. 7/15.
746.5 of the EAR).
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 47405]]
PART 746--[AMENDED]
0
3. The authority citation for 15 CFR part 746 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C.
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR,
1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003;
Presidential Determination 2007-7 of December 7, 2006, 72 FR 1899
(January 16, 2007); Notice of August 7, 2014, 79 FR 46959 (August
11, 2014); Notice of May 6, 2015, 80 FR 26815 (May 8, 2015).
0
4. Section 746.5 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 746.5 Russian industry sector sanctions.
(a) * * *
(2) Additional prohibition on those informed by BIS. BIS may inform
persons, either individually by specific notice or through amendment to
the EAR, that a license is required for a specific export, reexport, or
transfer (in-country) or for the export, reexport, or transfer (in-
country) of specified items to a certain end-user or end-use, because
there is an unacceptable risk of use in, or diversion to, the
activities specified in paragraph (a)(1) of this section in Russia.
Specific notice is to be given only by, or at the direction of, the
Deputy Assistant Secretary for Export Administration. When such notice
is provided orally, it will be followed by a written notice within two
working days signed by the Deputy Assistant Secretary for Export
Administration. However, the absence of any such notification does not
excuse persons from compliance with the license requirements of
paragraph (a)(1) of this section.
* * * * *
Dated: July 30, 2015.
Eric L. Hirschhorn,
Under Secretary of Commerce for Industry and Security.
[FR Doc. 2015-19274 Filed 8-6-15; 8:45 am]
BILLING CODE 3510-33-P
