Addition of Certain Persons and Modification of Certain Entries to the Entity List; and Removal of Certain Persons From the Entity List, 69852-69861 [2015-28552]
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Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
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(2) Service information identified in this
AD that is not incorporated by reference in
this AD is available at the addresses specified
in paragraphs (n)(5) and (n)(6) of this AD.
(n) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(3) The following service information was
approved for IBR on November 27, 2015.
(i) ALS Part 1, ‘‘Safe Life Airworthiness
Limitation Items,’’ Revision 01, dated
September 5, 2013, of the Airbus Model A300
Airworthiness Limitations Section.
(ii) ALS Part 1, ‘‘Safe Life Airworthiness
Limitation Items,’’ Revision 01, dated
September 5, 2013, of the Airbus Model
A300–600 Airworthiness Limitations
Section.
(iii) ALS Part 1, ‘‘Safe Life Airworthiness
Limitation Items,’’ Revision 01, dated
September 5, 2013, of the Airbus Model A310
Airworthiness Limitations Section.
(4) The following service information was
approved for IBR on October 27, 2009 (74 FR
48143, September 22, 2009).
(i) Section 05–10–00 of Chapter 05,
‘‘Service Life Limits and Maintenance
Checks,’’ of the Airbus A300 Aircraft
Maintenance Manual (AMM), Revision 28,
dated February 27, 1998.
(A) The AMM title page; the Record of
Revisions, Effective Pages, and Table of
Content pages; and Section 05–10–00; for
Chapter 05 of Airbus A300 AMM are all
dated February 27, 1998.
(B) The revision level of Chapter 05 of the
Airbus A300 AMM is indicated only in the
Record of Revisions section of Chapter 05.
(C) The List of Effective Pages (LOEP) for
Chapter 05 of the Airbus A300 AMM
contains the discrepancies identified in
paragraphs (n)(4)(i)(C)(1) through
(n)(4)(i)(C)(4) of this AD.
(1) The Transmittal Letter page, page 4 of
the LOEP and Table of Contents sections,
page 2 of Subsection 05–00–01, Subsection
05–10–00, and page 1 of Subsection 05–11–
11, are not listed in the LOEP for Chapter 05
of the Airbus A300 AMM.
(2) The LOEP for Chapter 05 of the Airbus
A300 AMM does not specify a date for the
Record of Revisions page.
(3) The LOEP for Chapter 05 of the Airbus
A300 AMM identifies three pages for
Subsection 05–11–00, Configuration 5;
however, only one page exists.
(4) The LOEP for Chapter 05 of the Airbus
A300 AMM identifies three pages for
Subsection 05–11–00, Configuration 9;
however, those pages do not exist.
(ii) Airbus A300 Airworthiness Limitations
Section, ALS Part 1, ‘‘Safe Life Airworthiness
Limitations Items’’ dated September 6, 2007.
(iii) Airbus A300–600 Airworthiness
Limitations Section, ALS Part 1, ‘‘Safe Life
Airworthiness Limitations Items’’ dated
December 21, 2006.
(iv) Airbus A310 Airworthiness
Limitations Section, ALS Part 1, ‘‘Safe Life
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Airworthiness Limitation Items’’ dated
December 21, 2006.
(5) For service information identified in
this AD, contact Airbus, Airworthiness
Office—EAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33
5 61 93 36 96; fax +33 5 61 93 44 51; email
account.airworth-eas@airbus.com; Internet
https://www.airbus.com.
(6) You may view this service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(7) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on October
21, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2015–27449 Filed 11–10–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 150911846–5846–01]
RIN 0694–AG74
Addition of Certain Persons and
Modification of Certain Entries to the
Entity List; and Removal of Certain
Persons From the Entity List
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
This rule amends the Export
Administration Regulations (EAR) by
adding seven persons under ten entries
to the Entity List. The seven 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
persons will be listed on the Entity List
under the destinations of China and
Hong Kong.
This final rule also removes two
persons from the Entity List. One entity
requested removal from the Entity List
in accordance with the procedure for
requesting removal or modification of
an Entity List entity. The End-User
Review Committee (ERC) decided to
remove this entity following a review of
information provided in the removal
request. The ERC decided to remove a
SUMMARY:
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second person from the Entity List
following a proposal submitted by an
ERC member agency, in accordance
with the procedure for requesting
removal or modification of an Entity
List entity.
Finally, this final rule modifies ten
existing entries on the Entity List
consisting of one entry under China and
nine entries under Hong Kong to
provide additional or modified
addresses and/or aliases for these
persons.
DATES: This rule is effective on
November 12, 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) 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
additional license 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, 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 seven persons under ten
entries to the Entity List. These seven
persons are being added on the basis of
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Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
§ 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 three entries in China and
seven entries in Hong Kong. There are
ten entries for the seven persons
because three persons are listed in both
China and Hong Kong, resulting in three
additional entries.
The ERC reviewed § 744.11(b)
(Criteria for revising the Entity List) in
making the determination to add these
seven persons under ten entries 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 seven
persons be added to the Entity List for
actions contrary to the national security
or foreign policy interests of the United
States.
The ERC has determined that for the
seven persons added, there is reasonable
cause to believe, based on specific and
articulable facts, that (Jack) Wang Wei,
Sky Rise Technology Ltd., TiMi
Technologies Co. Ltd., Caprice Group
Ltd., Reekay Technology Limited, and
32 Group China Ltd. have made
attempts to procure items, including
U.S.-origin items, for activities contrary
to the national security and foreign
policy interests of the United States.
Specifically, (Jack) Wang Wei has used
these companies to supply U.S.-origin
items to an Iranian party associated with
the Iranian defense industry and to an
Iranian party whose customers include
companies designated by the
Department of Treasury as Specially
Designated Nationals.
Pursuant to § 744.11(b)(2) of the EAR,
the ERC determined that the conduct of
these seven 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 seven persons this rule adds
to the Entity List on the basis of
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(4) Reekay Technology Ltd., a.k.a., the
following one alias:
—Reekay Technology.
Suite 502, 5th Floor Arion
Commercial Centre, No. 2–12
Queens Road West, Sheung Wan,
Hong Kong;
(5) Sky Rise Technology Ltd., a.k.a.,
the following one alias:
—Sky Rise Tech.
Room 1905, 19/F, Nam Wo Hong
Bldg., 148 Wing Lok Street, Sheung
Wang, Hong Kong; and Room 1118,
11/F, Block B1, Yau Tong Industrial
City, 17 Ko Fai Road, Yau Tong,
Kowloon, Hong Kong; and 1119,
11/F, Block B, Yau Tong Industrial
City, 17 Ko Fai Road, Yau Tong,
China
Kowloon, Hong Kong (See also
address under China);
(1) Sky Rise Technology Ltd., a.k.a.,
(6) TiMi Technologies Co., Ltd., a.k.a.,
the following one alias:
the following two aliases:
—Sky Rise Tech.
4–4–2301 Xinyi Jiayuan,
—TiMi Technology Co. Ltd.; and
Chongwenmen, Dongcheng, Beijing, —TiMi Tech.
China (See also addresses under
Room 1119, 11/F, Block B, Yau Tong
Hong Kong);
Industrial City, 17 Ko Fai Road, Yau
Tong, Kowloon, Hong Kong; and
(2) TiMi Technologies Co., Ltd., a.k.a.,
Room 1118, 11/F, Block B1, Yau
the following two aliases:
Tong Industrial City, 17 Ko Fai
—TiMi Technology Co. Ltd.; and
Road, Yau Tong, Kowloon, Hong
—TiMi Tech.
Kong; and Unit A, G/F, Pioneer
F/10, A-Tower, Nongke Building, 11/
Building, 213 Wai Yip St., Kwun
Shu Guang Hua Yuan Zhong Lu,
Tong, Kowloon, Hong Kong; and
Haidian District, Beijing, China,
Room 1905, 19/F, Nam Wo Hong
100097; and Nanhai Avenue,
Bldg., 148 Wing Lok Street, Sheung
Nanshan District, 518054,
Wang, Hong Kong (See also
Shenzhen, China (See also
addresses under China);
addresses under Hong Kong); and
(7) Wang Wei, a.k.a., the following one
(3) Wang Wei, a.k.a., the following one
alias:
alias:
—Jack Wang.
—Jack Wang.
Room 1905, 19/F, Nam Wo Hong
4–4–2301 Xinyi Jiayuan,
Bldg., 148 Wing Lok Street, Sheung
Chongwenmen, Dongcheng, Beijing,
Wang, Hong Kong; and Room 1118,
China; and F/10, A-Tower, Nongke
11/F, Block B, Yau Tong Industrial
Building, 11/Shu Guang Hua Yuan
City, 17 Ko Fai Road, Yau Tong,
Zhong Lu, Haidian District, Beijing,
Kowloon, Hong Kong; and Room
China, 100097 (See also addresses
1119, 11/F, Block B, Yau Tong
under Hong Kong).
Industrial City, 17 Ko Fai Road, Yau
Hong Kong
Tong, Kowloon, Hong Kong (See
(1) 32 Group China Ltd., Room 1905,
also addresses under China).
19/F, Nam Wo Hong Bldg., 148 Wing
Removals From the Entity List
Lok Street, Sheung Wang, Hong Kong;
This rule implements a decision of
and Room 1119, 11/F, Block B, Yau
the ERC to remove two persons, Weihai
Tong Industrial City, 17 Ko Fai Road,
New Era Chemical Industrial Company
Yau Tong, Kowloon, Hong Kong;
Limited, located in China; and Able City
(2) Caprice Group Ltd., Room 1119,
Development Limited, located in Hong
11/F, Block B1, Yau Tong Industrial
Kong, from the Entity List. This rule
City, 17 Ko Fai Road, Yau Tong,
removes Weihai New Era Chemical
Kowloon, Hong Kong; and Unit B1, G/
Industrial Company Limited on the
F, Pioneer Building, 213 Wai Yip St.,
basis of a removal request submitted by
Kwun Tong, Kowloon, Hong Kong; and
this listed person pursuant to § 744.16
Unit A, G/F, Pioneer Building, 213 Wai
(Procedure for requesting removal or
Yip St., Kwun Tong, Kowloon, Hong
modification of an Entity List entity) of
Kong;
(3) Kitronix Display, Unit B1, G/F,
the EAR. Able City Development
Pioneer Building, 213 Wai Yip St.,
Limited is being removed pursuant to a
Kwun Tong, Kowloon, Hong Kong;
proposal submitted by an End-User
§ 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 enduser. 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
seven persons under ten entries to the
Entity List:
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69854
Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
Review Committee (ERC) member
agency, in accordance with Supplement
No. 5 to Part 744 of the EAR, as
discussed below.
A. Removal pursuant to § 744.16.
Based upon a review of the
information provided in a removal
request made in accordance with
§ 744.16 of the EAR and further review
conducted by the ERC, the ERC
determined that the Weihai New Era
Chemical Industrial Company Limited
should be removed from the Entity List.
Weihai New Era Chemical Industrial
Company 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 Weihai New Era Chemical
Industrial Company Limited from the
Entity List was based on information
provided by the company in its appeal
request pursuant to § 744.16.
In accordance with § 744.16(c), the
Deputy Assistant Secretary for Export
Administration has sent written
notification informing this person of the
ERC’s decision.
B. Other removal based on ERC
decision.
This rule implements a decision of
the ERC to remove one person located
in Hong Kong, Able City Development
Limited, from the Entity List. The ERC
determined that this person no longer
met the criteria for inclusion on the
Entity List. Able City Development
Limited was added to the Entity List on
July 21, 2009 (74 FR 35797) pursuant to
§ 744.11(b) of the EAR. In accordance
with the procedures outlined in
Supplement No. 5 to part 744 of the
EAR, any agency that participates in the
ERC may make a proposal to add,
modify or remove an entry from the
Entity List by submitting that proposal
to the chairman. For this removal, an
ERC member agency proposed to the
ERC to remove Able City Development
Limited because a review of records
indicated that the entity has dissolved.
Because this entity does not exist, in
accordance with § 744.16(c), the Deputy
Assistant Secretary for Export
Administration has not sent written
notification informing this person of the
ERC’s decision.
This final rule implements the
decision to remove the following two
persons from the Entity List:
China
(1) Weihai New Era Chemical
Industrial Company Limited, No. 985
Fenghua Shan Road, Yangting New
Industrial District, Huancui District,
Weihai, China.
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Hong Kong
(1) Able City Development Limited,
Unit C, 9/F Neich Tower, 128
Gloucester Road, Wanchai, Hong Kong;
and Unit 401, Harbour Ctr., Tower 2, 8
Hok Cheung Street, Hung Hom,
Kowloon, Hong Kong.
The removal of the two 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 two
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
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.
Additionally, as noted above, Able City
Development Limited no longer exists
so there should be no transactions
involving this person.
the entry for Serko Limited; add one
additional address and one alias to the
entry for Tex-Co Logistics Ltd.; and add
one additional address and one alias to
the entry for Yeraz, LTD.
This final rule makes the following
modifications to ten entries on the
Entity List:
China
(1) China Electronics Technology
Group Corporation 29 (CETC 29)
Research Institute, a.k.a., the following
ten aliases:
—CETC 29th Research Institute;
—China Southwest Electronic
Equipment Research Institute
(SWIEE);
—29 (SIWEI Co) Institute;
—SIWI Electronics Corporation;
—Chengdu SIWI Electronics Inc.;
—Chengdu SIWEI Electronics Company;
—Chengdu 29 Institute;
—Si Wei Company 29th Institute;
—SIWI Group; and
—Southwest China Institute of
Electronics.
No. 496 West Yingkang Road,
Chengdu, Sichuan Province 610036,
China; and Box #429, #1
Waixichadianziheng Street,
Chengdu, Sichuan Province 610036,
China; and 5 Cheng Wen Road,
Chengdu, China 610036; and No. 3
Research Department, Zhongdian,
China; and No. 29 Institute, Waixi
Chadi, Chengdu, China; and No. 81
BaiChao Road, XiPu Town, PiXian
County, Chengdu, China; and Siwei
Electron Mansion, Xiejiasi,
Qingyang, Chengdu, China; and 1
Hengjie Chadianzi Western Suburb,
Chengdu, China.
Modifications to the Entity List
Hong Kong
This final rule implements decisions
of the ERC to modify ten existing entries
on the Entity List. Under the destination
of China, the ERC made a determination
to add six additional addresses and
eight additional aliases to the entry for
China Electronics Technology Group
Corporation 29 (CETC 29) Research
Institute. Under the destination of Hong
Kong, the ERC made a determination to
make the following modifications to
nine entries, as follows: add one
additional address to the entry for
Biznest, LTD; add one additional
address to the entry for Giant Base Asia
Limited; add one additional address to
the entry for Jadeshine Engineering (HK)
Co.; add one additional address to the
entry for JLD Technology; add one
additional address and two additional
aliases to the entry for Kinglead
Electronics Co., Ltd.; add one alias to
the entry for PRC Lode Technology
Company; add one additional address to
(1) Biznest, LTD, Room 927 9/F Far
East Consortium Building, 121 Des
Voeux Road C, Central District, Hong
Kong; and 4/F, Hong Kong Trade
Centre, 161–167 Des Voeux Road,
Central, Hong Kong;
(2) Giant Base Asia Limited, Room
2205, 22/F, Kowloon Building, 555
Nathan Road, Hong Kong; and Flat E,
Block 1, 12/F, Superluck Industrial
Centre, Tsuen Wan, New Territories,
Hong Kong;
(3) Jadeshine Engineering (HK) Co.,
Room 702, Boss Commercial Centre,
Ferry Street 38, Kowloon, Hong Kong;
and G/F BLK C 255 Sai Tau Wai DD 123
Lot 1307 Yuen Long, NT, Hong Kong;
(4) JLD Technology, Hong Kong Co.,
Ltd., Room 1237, Pacific Trade Centre,
No. 2 Kai Hing Road, Kowloon Bay,
Hong Kong; and Room 301–2, Hang
Seng Wanchai Building, 3rd Floor, No.
200 Hennessy Road, Wanchai, Hong
Kong;
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Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
(5) Kinglead Electronics Co., Ltd.,
a.k.a., the following four aliases:
—Kinglead International Trading;
—Kinglead Trading;
—Kinglead International Trading
Limited; and
—Phonide Electronics Limited.
Room 1041 Pacific Trade Center, No.
2 Kai Hing Road, Kowloon Bay,
Hong Kong; and B5–3, 29/F, Legend
Tower, 7 Shing Yip Street, Kwun
Tong, Kowloon, Hong Kong (See
alternate address under China);
(6) PRC Lode Technology Company,
a.k.a., the following one alias:
—Lode International Limited.
Room 1019–1020 Nan Fung Centre,
264–298 Castle Peak Road, Tsuen
Wan New Territories, Hong Kong;
and Room 1522 Nan Fung Centre,
264–298 Castle Peak Road, Tsuen
Wan New Territories, Hong Kong
(See alternate addresses under
China);
(7) Serko Limited, Room 704 7/F,
Landwide Commercial Building, 118–
120 Austin Rd, Tsim Sha Tsui, Hong
Kong; and Room 1509, Unit A, 15th
Floor, Mai Shun Industrial Building,
No. 18–24 Kwai Cheong Road, New
Territories, Hong Kong;
(8) Tex-Co Logistics Ltd., a.k.a., the
following one alias:
—Tex-Co Hongxin Logistics Limited.
GF Seapower Industrial Building 177,
Hoi Bun Road, Kowloon, Hong
Kong, and Room 2202, 22F,
Causeway Bay Plaza 1, 489
Hennessey Road, Causeway Bay,
Hong Kong, and Room B03, 6/F,
Cheong Wah Factory Building, 39–
41 Sheung Heung Road, Tokwawan,
Kowloon, Hong Kong; and Room G,
6/F Winner Building, 36 Man Yue
Street, Hung Hom, Kowloon; and
(9) Yeraz, LTD, a.k.a., the following
one alias:
—Mikrocity HK Limited.
Room 927 9/F Far East Consortium
Building, 121 Des Voeux Road C,
Central District, Hong Kong; and
Room 402–403, 4/F, Hong Kong
Trade Centre, 161–167 Des Voeux
Road, Central, Hong Kong.
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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
November 12, 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
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17:30 Nov 10, 2015
Jkt 238001
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,
2015, 80 FR 48233 (August 11, 2015),
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._
PO 00000
Frm 00019
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69855
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 seven persons under ten
entries added to the Entity List in this
final rule, and the ten existing entities
whose entries on the Entity List are
being modified to provide additional or
modified addresses and/or aliases, 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 or
modified 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.
For the two removals from the Entity
List in this final rule, pursuant to the
Administrative Procedure Act (APA), 5
U.S.C. 553(b)(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
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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
two removals have been made within
the established regulatory framework of
the Entity List. One of the entities
removed by this rule no longer exists. 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 to the
other entity removed by this rule
because the customer remained a listed
person on the Entity List even after the
ERC approved the removal pursuant to
the rule published at 73 FR 49311 on
August 21, 2008. By publishing without
prior notice and comment, BIS allows
the applicant to receive U.S. exports
immediately since the applicant already
has received approval by the ERC
pursuant to 15 CFR part 744,
Supplement No. 5, as noted in 15 CFR
744.16(b).
The removal from the Entity List as a
result of a removal request granted by
the ERC or for other reasons 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, including
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 two
entities. In addition, the information
included in the removal request is
information exchanged between the
applicant and the ERC, which by law
(section 12(c) of the Export
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17:30 Nov 10, 2015
Jkt 238001
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 two
persons from the Entity List removes a
requirement (the Entity-List-based
license requirement and limitation on
use of license exceptions) on these two
persons being removed from the Entity
List. The rule does not impose a
requirement on any other person for
these two 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 Subjects 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
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
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 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); Notice of August 7,
2015, 80 FR 48233 (August 11, 2015); Notice
of September 18, 2015, 80 FR 57281
(September 22, 2015).
2. Supplement No. 4 to part 744 is
amended:
■ a. By adding under China, in
alphabetical order, three Chinese
entities;
■ b. By revising under China, one
Chinese entity, ‘‘China Electronics
Technology Group Corporation 29
(CETC 29) Research Institute’’;
■ c. By removing under China, one
Chinese entity, ‘‘Weihai New Era
Chemical Industrial Company Limited,
No. 985 Fenghua Shan Road, Yangting
New Industrial District, Huancui
District, Weihai, China.’’;
■ d. By adding under Hong Kong, in
alphabetical order, seven Hong Kong
entities;
■ e. By revising under Hong Kong, nine
Hong Kong entities, ‘‘Biznest, LTD’’,
‘‘Giant Base Asia Limited’’, ‘‘Jadeshine
Engineering (HK) Co.’’, ‘‘JLD
Technology’’, ‘‘Kinglead Electronics Co.,
Ltd.’’, ‘‘PRC Lode Technology
Company’’, ‘‘Serko Limited’’, ‘‘Tex-Co
Logistics Ltd.’’, ‘‘Yeraz, LTD’’; and
■ f. By removing under Hong Kong, one
Hong Kong entity, ‘‘Able City
Development Limited, Unit C, 9/F Neich
Tower, 128 Gloucester Road, Wanchai,
Hong Kong; and Unit 401, Harbour Ctr.,
Tower 2, 8 Hok Cheung Street, Hung
Hom, Kowloon, Hong Kong.’’
The additions and revisions read as
follows:
■
Supplement No. 4 to Part 744—Entity
List
*
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*
China, People’s Republic
of
Entity
*
*
*
Federal
Register
citation
License
review policy
License requirement
*
*
*
*
*
China Electronics Technology Group
Corporation 29 (CETC 29) Research Institute, a.k.a., the following ten aliases:
—CETC 29th Research Institute;
—China
Southwest
Electronic
Equipment Research Institute
(SWIEE);
—29 (SIWEI Co) Institute;
—SIWI Electronics Corporation;
—Chengdu SIWI Electronics Inc.;
—Chengdu SIWEI Electronics Company;
—Chengdu 29 Institute;
—Si Wei Company 29th Institute;
—SIWI Group; and
—Southwest China Institute of Electronics
No. 496 West Yingkang Road,
Chengdu,
Sichuan
Province
610036, China; and Box #429, #1
Waixichadianziheng
Street,
Chengdu,
Sichuan
Province
610036, China; and 5 Cheng Wen
Road, Chengdu, China 610036;
and No.3 Research Department,
Zhongdian, China; and No. 29 Institute, Waixi Chadi, Chengdu,
China; and No.81 BaiChao Road,
XiPu Town, PiXian County,
Chengdu, China; and Siwei Electron Mansion, Xiejiasi, Qingyang,
Chengdu, China; and 1 Hengjie
Chadianzi
Western
Suburb,
Chengdu, China.
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
79 FR 44680, 8/1/2014.
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
*
*
*
Sky Rise Technology Ltd., a.k.a.,
the following one alias:
—Sky Rise Tech
4–4–2301
Xinyi
Jiayuan,
Chongwenmen, Dongcheng, Beijing, China (See also addresses
under Hong Kong).
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
*
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
TiMi Technologies Co., Ltd., a.k.a.,
the following two aliases:
—TiMi Technology Co. Ltd
—TiMi Tech
F/10, A-Tower, Nongke Building, 11/
Shu Guang Hua Yuan Zhong Lu,
Haidian District, Beijing, China,
100097; and Nanhai Avenue,
Nanshan
District,
518054,
Shenzhen, China (See also addresses under Hong Kong)
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
*
*
*
Wang Wei, a.k.a., the following one
alias:
—Jack Wang
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
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Register
citation
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License
review policy
*
*
32Group China Ltd., Room 1905,
19/F, Nam Wo Hong Bldg., 148
Wing Lok Street, Sheung Wang,
Hong Kong; and Room 1119, 11/
F, Block B, Yau Tong Industrial
City, 17 Ko Fai Road, Yau Tong,
Kowloon, Hong Kong.
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
*
*
*
Biznest, LTD, Room 927 9/F Far
East Consortium Building, 121
Des Voeux Road C, Central District, Hong Kong; and 4/F, Hong
Kong Trade Centre, 161–167 Des
Voeux Road, Central, Hong Kong.
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
76 FR 44259, 7/25/11.
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
*
*
*
Caprice Group Ltd., Room 1119, 11/
F, Block B1, Yau Tong Industrial
City, 17 Ko Fai Road, Yau Tong,
Kowloon, Hong Kong; and Unit
B1, G/F Pioneer Building, 213 Wai
Yip St., Kwun Tong, Kowloon,
Hong Kong; and Unit A, G/F, Pioneer Building, 213 Wai Yip St.,
Kwun Tong, Kowloon, Hong Kong.
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
*
*
*
Giant Base Asia Limited, Room
2205, 22/F, Kowloon Building, 555
Nathan Road, Hong Kong; and
Flat E, Block 1, 12/F, Superluck
Industrial Centre, Tsuen Wan,
New Territories, Hong Kong.
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
78 FR 18808, 03/28/13.
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
*
*
*
Kitronix Display, Unit B1, G/F, Pioneer Building, 213 Wai Yip St.,
Kwun Tong, Kowloon, Hong Kong.
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
*
*
*
Jadeshine Engineering (HK) Co.,
Room 702, Boss Commercial
Centre, Ferry Street 38, Kowloon,
Hong Kong; and G/F BLK C 255
Sai Tau Wai DD 123 Lot 1307
Yuen Long, NT, Hong Kong.
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
78 FR 18808, 03/28/13.
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
*
*
*
JLD Technology, Hong Kong Co.,
Ltd., Room 1237, Pacific Trade
Centre, No. 2 Kai Hing Road,
Kowloon Bay, Hong Kong; and
Room
301–2,
Hang
Seng
Wanchai Building, 3rd Floor, No.
200 Hennessy Road, Wanchai,
Hong Kong.
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
79 FR 32441, 6/5/14.
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
Country
Entity
4–4–2301
Xinyi
Jiayuan,
Chongwenmen, Dongcheng, Beijing, China; and F/10, A-Tower,
Nongke Building, 11/Shu Guang
Hua Yuan Zhong Lu, Haidian District, Beijing, China, 100097 (See
also addresses under Hong Kong)
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Hong Kong .....................
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69859
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Register
citation
Entity
License requirement
License
review policy
*
*
*
Kinglead Electronics Co., Ltd.,
a.k.a., the following four aliases:
—Kinglead InternationalTrading;
—Kinglead Trading;
—Kinglead International Trading
Limited; and
—Phonide Electronics Limited
Room 1041 Pacific Trade Center,
No. 2 Kai Hing Road, Kowloon
Bay, Hong Kong; and B5–3, 29/F,
Legend Tower, 7 Shing Yip
Street, Kwun Tong, Kowloon,
Hong Kong (See alternate address under China).
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
79 FR 32441,
6/5/14.
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
*
*
*
PRC Lode Technology Company,
a.k.a., the following one alias:
—Lode International Limited.
Room 1019–1020 Nan Fung Centre,
264–298 Castle Peak Road,
Tsuen Wan New Territories, Hong
Kong; and Room 1522 Nan Fung
Centre, 264–298 Castle Peak
Road, Tsuen Wan New Territories, Hong Kong (See alternate
addresses under China).
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
79 FR 44680, 8/1/2014.
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
*
*
*
Reekay Technology Ltd., a.k.a., the
following one alias:
—Reekay Technology. Suite 502,
5th Floor Arion Commercial Centre, No. 2–12 Queens Road West,
Sheung Wan, Hong Kong
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
*
*
*
Serko Limited, Room 704 7/F,
Landwide Commercial Building,
118–120 Austin Rd, Tsim Sha
Tsui, Hong Kong; and Room
1509, Unit A, 15th Floor, Mai
Shun Industrial Building, No. 18–
24 Kwai Cheong Road, New Territories, Hong Kong.
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
77 FR 61249, 10/9/12.
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
*
*
*
Sky Rise Technology Ltd., a.k.a.,
the following one alias:
—Sky Rise Tech.
Room 1905, 19/F, Nam Wo Hong
Bldg., 148 Wing Lok Street,
Sheung Wang, Hong Kong; and
Room 1118, 11/F, Block B1, Yau
Tong Industrial City, 17 Ko Fai
Road, Yau Tong, Kowloon, Hong
Kong; and Room 1119, 11/F,
Block B, Yau Tong Industrial City,
17 Ko Fai Road, Yau Tong,
Kowloon, Hong Kong (See also
address under China).
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
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Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
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*
Entity
Federal
Register
citation
License
review policy
License requirement
*
*
*
Tex-Co Logistics Ltd., a.k.a., the fol- For all items subject to
lowing one alias:
the EAR. (See
—Tex-Co Hongxin Logistics Limited.
§ 744.11 of the EAR).
GF Seapower Industrial Building
177, Hoi Bun Road, Kowloon,
Hong Kong, and Room 2202, 22F,
Causeway Bay Plaza 1, 489
Hennessey Road, Causeway Bay,
Hong Kong, and Room B03, 6/F,
Cheong Wah Factory Building,
39–41 Sheung Heung Road,
Tokwawan, Kowloon, Hong Kong;
and Room G, 6/F Winner Building,
36 Man Yue Street, Hung Hom,
Kowloon.
TiMi Technologies Co., Ltd., a.k.a., For all items subject to
the following two aliases:
the EAR. (See
—TiMi Technology Co. Ltd.
§ 744.11 of the EAR).
—TiMi Tech.
Room 1119, 11/F, Block B, Yau
Tong Industrial City, 17 Ko Fai
Road, Yau Tong, Kowloon, Hong
Kong; and Room 1118, 11/F,
Block B1, Yau Tong Industrial
City, 17 Ko Fai Road, Yau Tong,
Kowloon, Hong Kong; and Unit A,
G/F, Pioneer Building, 213 Wai Yip
St., Kwun Tong, Kowloon, Hong
Kong; and Room 1905, 19/F, Nam
Wo Hong Bldg., 148 Wing Lok
Street, Sheung Wang, Hong Kong
(See also addresses under China).
*
*
Presumption of denial ...
*
75 FR 7358,
2/19/10.
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
Presumption of denial ...
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
*
*
*
Wang Wei, a.k.a., the following one
alias:
—Jack Wang.
Room 1905, 19/F, Nam Wo Hong
Bldg., 148 Wing Lok Street,
Sheung Wang, Hong Kong; and
Room 1118, 11/F, Block B, Yau
Tong Industrial City, 17 Ko Fai
Road, Yau Tong, Kowloon, Hong
Kong; and Room 1119, 11/F,
Block B, Yau Tong Industrial City,
17 Ko Fai Road, Yau Tong,
Kowloon, Hong Kong (See also
addresses under China).
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
*
*
*
Yeraz, LTD, a.k.a., the following one
alias:
—Mikrocity HK Limited.
Room 927 9/F Far East Consortium
Building, 121 Des Voeux Road C,
Central District, Hong Kong; and
Room 402–403, 4/F, Hong Kong
Trade Centre, 161–167 Des
Voeux Road, Central, Hong Kong.
*
For all items subject to
the EAR. (See
§ 744.11 of the EAR).
*
*
Presumption of denial ...
*
76 FR 44259, 7/25/11.
80 FR [INSERT FR
PAGE NUMBER],
11/12/2015.
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Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
Dated: November 5, 2015.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2015–28552 Filed 11–10–15; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA–419F]
Schedules of Controlled Substances:
Placement of Eluxadoline Into
Schedule IV
Drug Enforcement
Administration, Department of Justice.
ACTION: Final rule.
AGENCY:
With the issuance of this final
rule, the Administrator of the Drug
Enforcement Administration places the
substance 5-[[[(2S)-2-amino-3-[4aminocarbonyl)-2,6-dimethylphenyl]-1oxopropyl][(1S)-1-(4-phenyl-1Himidazol-2-yl)ethyl]amino]methyl]-2methoxybenzoic acid (eluxadoline),
including its salts, isomers, and salts of
isomers, into schedule IV of the
Controlled Substances Act. This
scheduling action is pursuant to the
Controlled Substances Act which
requires that such actions be made on
the record after opportunity for a
hearing through formal rulemaking.
This action imposes the regulatory
controls and administrative, civil, and
criminal sanctions applicable to
schedule IV controlled substances on
persons who handle (manufacture,
distribute, dispense, import, export,
engage in research, conduct
instructional activities, or possess) or
propose to handle eluxadoline.
DATES: Effective date: December 17,
2015.
SUMMARY:
John
R. Scherbenske, Office of Diversion
Control, Drug Enforcement
Administration; Mailing Address: 8701
Morrissette Drive, Springfield, Virginia
22152, Telephone: (202) 598–6812.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Legal Authority
The Drug Enforcement
Administration (DEA) implements and
enforces titles II and III of the
Comprehensive Drug Abuse Prevention
and Control Act of 1970, as amended. 21
U.S.C. 801–971. Titles II and III are
referred to as the ‘‘Controlled
Substances Act’’ and the ‘‘Controlled
Substances Import and Export Act,’’
VerDate Sep<11>2014
17:30 Nov 10, 2015
Jkt 238001
respectively, and are collectively
referred to as the ‘‘Controlled
Substances Act’’ or the ‘‘CSA’’ for the
purpose of this action. The DEA
publishes the implementing regulations
for these statutes in title 21 of the Code
of Federal Regulations (CFR), chapter II.
The CSA and its implementing
regulations are designed to prevent,
detect, and eliminate the diversion of
controlled substances and listed
chemicals into the illicit market while
ensuring an adequate supply is available
for the legitimate medical, scientific,
research, and industrial needs of the
United States. Controlled substances
have the potential for abuse and
dependence and are controlled to
protect the public health and safety.
Under the CSA, each controlled
substance is classified into one of five
schedules based upon its potential for
abuse, its currently accepted medical
use in treatment in the United States,
and the degree of dependence the
substance may cause. 21 U.S.C. 812. The
initial schedules of controlled
substances established by Congress are
found at 21 U.S.C. 812(c), and the
current list of controlled substances is
published at 21 CFR part 1308.
Pursuant to 21 U.S.C. 811(a)(1), the
Attorney General may, by rule, ‘‘add to
such a schedule or transfer between
such schedules any drug or other
substance if he (A) finds that such drug
or other substance has a potential for
abuse, and (B) makes with respect to
such drug or other substance the
findings prescribed by [21 U.S.C. 812(b)]
for the schedule in which such drug is
to be placed * * *.’’ The Attorney
General has delegated scheduling
authority under 21 U.S.C. 811 to the
Administrator of the DEA. 28 CFR
0.100.
The CSA provides that proceedings
for the issuance, amendment, or repeal
of the scheduling of any drug or other
substance may be initiated by the
Attorney General (1) on her own
motion; (2) at the request of the
Secretary of the Department of Health
and Human Services (HHS); 1 or (3) on
the petition of any interested party. 21
U.S.C. 811(a). This action was initiated
1 As set forth in a memorandum of understanding
entered into by the Food and Drug Administration
(FDA) and the National Institute on Drug Abuse
(NIDA), the FDA acts as the lead agency within the
HHS in carrying out the Secretary’s scheduling
responsibilities under the CSA, with the
concurrence of NIDA. 50 FR 9518, Mar. 8, 1985.
The Secretary of the HHS has delegated to the
Assistant Secretary for Health of the HHS the
authority to make domestic drug scheduling
recommendations. 58 FR 35460, July 1, 1993.
Accordingly, all subsequent references to
‘‘Secretary’’ have been replaced with ‘‘Assistant
Secretary.’’
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
69861
at the request of the Assistant Secretary
of the HHS and imposes the regulatory
controls and administrative, civil, and
criminal sanctions applicable to
controlled substances, including those
specific to schedule IV controlled
substances, on persons who handle or
propose to handle eluxadoline.
Background
Eluxadoline (5-[[[(2S)-2-amino-3-[4aminocarbonyl)-2,6-dimethylphenyl]-1oxopropyl][(1S)-1-(4-phenyl-1Himidazol-2-yl)ethyl]amino]methyl]-2methoxybenzoic acid), is a new
molecular entity with central nervous
system opioid properties. Eluxadoline
has mixed mu opioid receptor (MOR)
and kappa opioid receptor (KOR)
agonist and delta opioid receptor (DOR)
antagonist properties. The Food and
Drug Administration (FDA) approved
eluxadoline (brand name ‘‘VIBERZI’’) as
a prescription drug for the treatment of
irritable bowel syndrome with diarrhea
(IBS–D) on May 27, 2015.
DEA and HHS Eight Factor Analyses
On May 5, 2015, the HHS provided
the DEA with a scientific and medical
evaluation document prepared by the
FDA entitled ‘‘Basis for the
Recommendation to Place Eluxadoline
in Schedule IV of the Controlled
Substances Act.’’ After considering the
eight factors in 21 U.S.C. 811(c),
including consideration of the
substance’s abuse potential, legitimate
medical use, and dependence liability,
the Assistant Secretary of the HHS
recommended that eluxadoline be
controlled in schedule IV of the CSA. In
response, the DEA completed its own
eight-factor analysis of eluxadoline.
Both the DEA and HHS analyses and
other relevant documents are available
in their entirety in the public docket of
this rule (Docket Number DEA–419) at
https://www.regulations.gov under
‘‘Supporting Documents.’’ 2
Determination to Schedule Eluxadoline
After a review of the available data,
including the scientific and medical
evaluation and the scheduling
recommendation from the HHS, the
Administrator of the DEA published in
the Federal Register a notice of
proposed rulemaking (NPRM) entitled
‘‘Schedules of Controlled Substances:
Placement of Eluxadoline into Schedule
2 Although the published notice of proposed
rulemaking stated that such items had been placed
into the docket on regulations.gov, the
Administration discovered in preparing this final
rule that the HHS analysis had in fact not been
posted. However, that document was available for
review at DEA. The DEA posted the cited analysis
to regulations.gov upon discovery of the error.
E:\FR\FM\12NOR1.SGM
12NOR1
]]>Agencies
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Rules and Regulations]
[Pages 69852-69861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28552]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 150911846-5846-01]
RIN 0694-AG74
Addition of Certain Persons and Modification of Certain Entries
to the Entity List; and Removal of Certain Persons From the Entity List
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Export Administration Regulations (EAR)
by adding seven persons under ten entries to the Entity List. The seven
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 persons will be
listed on the Entity List under the destinations of China and Hong
Kong.
This final rule also removes two persons from the Entity List. One
entity requested removal from the Entity List in accordance with the
procedure for requesting removal or modification of an Entity List
entity. The End-User Review Committee (ERC) decided to remove this
entity following a review of information provided in the removal
request. The ERC decided to remove a second person from the Entity List
following a proposal submitted by an ERC member agency, in accordance
with the procedure for requesting removal or modification of an Entity
List entity.
Finally, this final rule modifies ten existing entries on the
Entity List consisting of one entry under China and nine entries under
Hong Kong to provide additional or modified addresses and/or aliases
for these persons.
DATES: This rule is effective on November 12, 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) 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 additional license 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,
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 seven persons
under ten entries to the Entity List. These seven persons are being
added on the basis of
[[Page 69853]]
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 three entries in China and seven entries in Hong Kong. There
are ten entries for the seven persons because three persons are listed
in both China and Hong Kong, resulting in three additional entries.
The ERC reviewed Sec. 744.11(b) (Criteria for revising the Entity
List) in making the determination to add these seven persons under ten
entries 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 seven persons be
added to the Entity List for actions contrary to the national security
or foreign policy interests of the United States.
The ERC has determined that for the seven persons added, there is
reasonable cause to believe, based on specific and articulable facts,
that (Jack) Wang Wei, Sky Rise Technology Ltd., TiMi Technologies Co.
Ltd., Caprice Group Ltd., Reekay Technology Limited, and 32 Group China
Ltd. have made attempts to procure items, including U.S.-origin items,
for activities contrary to the national security and foreign policy
interests of the United States. Specifically, (Jack) Wang Wei has used
these companies to supply U.S.-origin items to an Iranian party
associated with the Iranian defense industry and to an Iranian party
whose customers include companies designated by the Department of
Treasury as Specially Designated Nationals.
Pursuant to Sec. 744.11(b)(2) of the EAR, the ERC determined that
the conduct of these seven 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 seven persons this rule adds to the Entity List 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 seven persons under ten entries
to the Entity List:
China
(1) Sky Rise Technology Ltd., a.k.a., the following one alias:
--Sky Rise Tech.
4-4-2301 Xinyi Jiayuan, Chongwenmen, Dongcheng, Beijing, China (See
also addresses under Hong Kong);
(2) TiMi Technologies Co., Ltd., a.k.a., the following two aliases:
--TiMi Technology Co. Ltd.; and
--TiMi Tech.
F/10, A-Tower, Nongke Building, 11/Shu Guang Hua Yuan Zhong Lu,
Haidian District, Beijing, China, 100097; and Nanhai Avenue, Nanshan
District, 518054, Shenzhen, China (See also addresses under Hong Kong);
and
(3) Wang Wei, a.k.a., the following one alias:
--Jack Wang.
4-4-2301 Xinyi Jiayuan, Chongwenmen, Dongcheng, Beijing, China; and
F/10, A-Tower, Nongke Building, 11/Shu Guang Hua Yuan Zhong Lu, Haidian
District, Beijing, China, 100097 (See also addresses under Hong Kong).
Hong Kong
(1) 32 Group China Ltd., Room 1905, 19/F, Nam Wo Hong Bldg., 148
Wing Lok Street, Sheung Wang, Hong Kong; and Room 1119, 11/F, Block B,
Yau Tong Industrial City, 17 Ko Fai Road, Yau Tong, Kowloon, Hong Kong;
(2) Caprice Group Ltd., Room 1119, 11/F, Block B1, Yau Tong
Industrial City, 17 Ko Fai Road, Yau Tong, Kowloon, Hong Kong; and Unit
B1, G/F, Pioneer Building, 213 Wai Yip St., Kwun Tong, Kowloon, Hong
Kong; and Unit A, G/F, Pioneer Building, 213 Wai Yip St., Kwun Tong,
Kowloon, Hong Kong;
(3) Kitronix Display, Unit B1, G/F, Pioneer Building, 213 Wai Yip
St., Kwun Tong, Kowloon, Hong Kong;
(4) Reekay Technology Ltd., a.k.a., the following one alias:
--Reekay Technology.
Suite 502, 5th Floor Arion Commercial Centre, No. 2-12 Queens Road
West, Sheung Wan, Hong Kong;
(5) Sky Rise Technology Ltd., a.k.a., the following one alias:
--Sky Rise Tech.
Room 1905, 19/F, Nam Wo Hong Bldg., 148 Wing Lok Street, Sheung
Wang, Hong Kong; and Room 1118, 11/F, Block B1, Yau Tong Industrial
City, 17 Ko Fai Road, Yau Tong, Kowloon, Hong Kong; and 1119, 11/F,
Block B, Yau Tong Industrial City, 17 Ko Fai Road, Yau Tong, Kowloon,
Hong Kong (See also address under China);
(6) TiMi Technologies Co., Ltd., a.k.a., the following two aliases:
--TiMi Technology Co. Ltd.; and
--TiMi Tech.
Room 1119, 11/F, Block B, Yau Tong Industrial City, 17 Ko Fai Road,
Yau Tong, Kowloon, Hong Kong; and Room 1118, 11/F, Block B1, Yau Tong
Industrial City, 17 Ko Fai Road, Yau Tong, Kowloon, Hong Kong; and Unit
A, G/F, Pioneer Building, 213 Wai Yip St., Kwun Tong, Kowloon, Hong
Kong; and Room 1905, 19/F, Nam Wo Hong Bldg., 148 Wing Lok Street,
Sheung Wang, Hong Kong (See also addresses under China);
(7) Wang Wei, a.k.a., the following one alias:
--Jack Wang.
Room 1905, 19/F, Nam Wo Hong Bldg., 148 Wing Lok Street, Sheung
Wang, Hong Kong; and Room 1118, 11/F, Block B, Yau Tong Industrial
City, 17 Ko Fai Road, Yau Tong, Kowloon, Hong Kong; and Room 1119, 11/
F, Block B, Yau Tong Industrial City, 17 Ko Fai Road, Yau Tong,
Kowloon, Hong Kong (See also addresses under China).
Removals From the Entity List
This rule implements a decision of the ERC to remove two persons,
Weihai New Era Chemical Industrial Company Limited, located in China;
and Able City Development Limited, located in Hong Kong, from the
Entity List. This rule removes Weihai New Era Chemical Industrial
Company Limited on the basis of a removal request submitted by this
listed person pursuant to Sec. 744.16 (Procedure for requesting
removal or modification of an Entity List entity) of the EAR. Able City
Development Limited is being removed pursuant to a proposal submitted
by an End-User
[[Page 69854]]
Review Committee (ERC) member agency, in accordance with Supplement No.
5 to Part 744 of the EAR, as discussed below.
A. Removal pursuant to Sec. 744.16.
Based upon a review of the information provided in a removal
request made in accordance with Sec. 744.16 of the EAR and further
review conducted by the ERC, the ERC determined that the Weihai New Era
Chemical Industrial Company Limited should be removed from the Entity
List.
Weihai New Era Chemical Industrial Company 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 Weihai New Era
Chemical Industrial Company Limited from the Entity List was based on
information provided by the company in its appeal request pursuant to
Sec. 744.16.
In accordance with Sec. 744.16(c), the Deputy Assistant Secretary
for Export Administration has sent written notification informing this
person of the ERC's decision.
B. Other removal based on ERC decision.
This rule implements a decision of the ERC to remove one person
located in Hong Kong, Able City Development Limited, from the Entity
List. The ERC determined that this person no longer met the criteria
for inclusion on the Entity List. Able City Development Limited was
added to the Entity List on July 21, 2009 (74 FR 35797) pursuant to
Sec. 744.11(b) of the EAR. In accordance with the procedures outlined
in Supplement No. 5 to part 744 of the EAR, any agency that
participates in the ERC may make a proposal to add, modify or remove an
entry from the Entity List by submitting that proposal to the chairman.
For this removal, an ERC member agency proposed to the ERC to remove
Able City Development Limited because a review of records indicated
that the entity has dissolved. Because this entity does not exist, in
accordance with Sec. 744.16(c), the Deputy Assistant Secretary for
Export Administration has not sent written notification informing this
person of the ERC's decision.
This final rule implements the decision to remove the following two
persons from the Entity List:
China
(1) Weihai New Era Chemical Industrial Company Limited, No. 985
Fenghua Shan Road, Yangting New Industrial District, Huancui District,
Weihai, China.
Hong Kong
(1) Able City Development Limited, Unit C, 9/F Neich Tower, 128
Gloucester Road, Wanchai, Hong Kong; and Unit 401, Harbour Ctr., Tower
2, 8 Hok Cheung Street, Hung Hom, Kowloon, Hong Kong.
The removal of the two 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 two 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 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. Additionally, as
noted above, Able City Development Limited no longer exists so there
should be no transactions involving this person.
Modifications to the Entity List
This final rule implements decisions of the ERC to modify ten
existing entries on the Entity List. Under the destination of China,
the ERC made a determination to add six additional addresses and eight
additional aliases to the entry for China Electronics Technology Group
Corporation 29 (CETC 29) Research Institute. Under the destination of
Hong Kong, the ERC made a determination to make the following
modifications to nine entries, as follows: add one additional address
to the entry for Biznest, LTD; add one additional address to the entry
for Giant Base Asia Limited; add one additional address to the entry
for Jadeshine Engineering (HK) Co.; add one additional address to the
entry for JLD Technology; add one additional address and two additional
aliases to the entry for Kinglead Electronics Co., Ltd.; add one alias
to the entry for PRC Lode Technology Company; add one additional
address to the entry for Serko Limited; add one additional address and
one alias to the entry for Tex-Co Logistics Ltd.; and add one
additional address and one alias to the entry for Yeraz, LTD.
This final rule makes the following modifications to ten entries on
the Entity List:
China
(1) China Electronics Technology Group Corporation 29 (CETC 29)
Research Institute, a.k.a., the following ten aliases:
--CETC 29th Research Institute;
--China Southwest Electronic Equipment Research Institute (SWIEE);
--29 (SIWEI Co) Institute;
--SIWI Electronics Corporation;
--Chengdu SIWI Electronics Inc.;
--Chengdu SIWEI Electronics Company;
--Chengdu 29 Institute;
--Si Wei Company 29th Institute;
--SIWI Group; and
--Southwest China Institute of Electronics.
No. 496 West Yingkang Road, Chengdu, Sichuan Province 610036,
China; and Box #429, #1 Waixichadianziheng Street, Chengdu, Sichuan
Province 610036, China; and 5 Cheng Wen Road, Chengdu, China 610036;
and No. 3 Research Department, Zhongdian, China; and No. 29 Institute,
Waixi Chadi, Chengdu, China; and No. 81 BaiChao Road, XiPu Town, PiXian
County, Chengdu, China; and Siwei Electron Mansion, Xiejiasi, Qingyang,
Chengdu, China; and 1 Hengjie Chadianzi Western Suburb, Chengdu, China.
Hong Kong
(1) Biznest, LTD, Room 927 9/F Far East Consortium Building, 121
Des Voeux Road C, Central District, Hong Kong; and 4/F, Hong Kong Trade
Centre, 161-167 Des Voeux Road, Central, Hong Kong;
(2) Giant Base Asia Limited, Room 2205, 22/F, Kowloon Building, 555
Nathan Road, Hong Kong; and Flat E, Block 1, 12/F, Superluck Industrial
Centre, Tsuen Wan, New Territories, Hong Kong;
(3) Jadeshine Engineering (HK) Co., Room 702, Boss Commercial
Centre, Ferry Street 38, Kowloon, Hong Kong; and G/F BLK C 255 Sai Tau
Wai DD 123 Lot 1307 Yuen Long, NT, Hong Kong;
(4) JLD Technology, Hong Kong Co., Ltd., Room 1237, Pacific Trade
Centre, No. 2 Kai Hing Road, Kowloon Bay, Hong Kong; and Room 301-2,
Hang Seng Wanchai Building, 3rd Floor, No. 200 Hennessy Road, Wanchai,
Hong Kong;
[[Page 69855]]
(5) Kinglead Electronics Co., Ltd., a.k.a., the following four
aliases:
--Kinglead International Trading;
--Kinglead Trading;
--Kinglead International Trading Limited; and
--Phonide Electronics Limited.
Room 1041 Pacific Trade Center, No. 2 Kai Hing Road, Kowloon Bay,
Hong Kong; and B5-3, 29/F, Legend Tower, 7 Shing Yip Street, Kwun Tong,
Kowloon, Hong Kong (See alternate address under China);
(6) PRC Lode Technology Company, a.k.a., the following one alias:
--Lode International Limited.
Room 1019-1020 Nan Fung Centre, 264-298 Castle Peak Road, Tsuen Wan
New Territories, Hong Kong; and Room 1522 Nan Fung Centre, 264-298
Castle Peak Road, Tsuen Wan New Territories, Hong Kong (See alternate
addresses under China);
(7) Serko Limited, Room 704 7/F, Landwide Commercial Building, 118-
120 Austin Rd, Tsim Sha Tsui, Hong Kong; and Room 1509, Unit A, 15th
Floor, Mai Shun Industrial Building, No. 18-24 Kwai Cheong Road, New
Territories, Hong Kong;
(8) Tex-Co Logistics Ltd., a.k.a., the following one alias:
--Tex-Co Hongxin Logistics Limited.
GF Seapower Industrial Building 177, Hoi Bun Road, Kowloon, Hong
Kong, and Room 2202, 22F, Causeway Bay Plaza 1, 489 Hennessey Road,
Causeway Bay, Hong Kong, and Room B03, 6/F, Cheong Wah Factory
Building, 39-41 Sheung Heung Road, Tokwawan, Kowloon, Hong Kong; and
Room G, 6/F Winner Building, 36 Man Yue Street, Hung Hom, Kowloon; and
(9) Yeraz, LTD, a.k.a., the following one alias:
--Mikrocity HK Limited.
Room 927 9/F Far East Consortium Building, 121 Des Voeux Road C,
Central District, Hong Kong; and Room 402-403, 4/F, Hong Kong Trade
Centre, 161-167 Des Voeux Road, Central, Hong Kong.
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 November 12, 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, 2015, 80 FR 48233 (August 11, 2015), 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 seven persons under ten entries added to the Entity List
in this final rule, and the ten existing entities whose entries on the
Entity List are being modified to provide additional or modified
addresses and/or aliases, 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
or modified 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.
For the two removals from the Entity List in this final rule,
pursuant to the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(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
[[Page 69856]]
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
two removals have been made within the established regulatory framework
of the Entity List. One of the entities removed by this rule no longer
exists. 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 to the other entity removed by this rule because the
customer remained a listed person on the Entity List even after the ERC
approved the removal pursuant to the rule published at 73 FR 49311 on
August 21, 2008. By publishing without prior notice and comment, BIS
allows the applicant to receive U.S. exports immediately since the
applicant already has received approval by the ERC pursuant to 15 CFR
part 744, Supplement No. 5, as noted in 15 CFR 744.16(b).
The removal from the Entity List as a result of a removal request
granted by the ERC or for other reasons 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,
including 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 two entities. In addition,
the information included in the removal request is information
exchanged between the applicant and the ERC, which by law (section
12(c) of the Export Administration Act), BIS is restricted from sharing
with the public. Moreover, removal requests from the Entity List
contain confidential business information, which is necessary for the
extensive review conducted by the U.S. Government in assessing such
removal requests.
Section 553(d) of the APA generally provides that rules may not
take effect earlier than thirty (30) days after they are published in
the Federal Register. BIS finds good cause to waive the 30-day delay in
effectiveness under 5 U.S.C. 553(d)(1) because this rule is a
substantive rule which relieves a restriction. This rule's removal of
two persons from the Entity List removes a requirement (the Entity-
List-based license requirement and limitation on use of license
exceptions) on these two persons being removed from the Entity List.
The rule does not impose a requirement on any other person for these
two 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 Subjects 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 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); Notice of August 7, 2015, 80 FR 48233 (August 11, 2015);
Notice of September 18, 2015, 80 FR 57281 (September 22, 2015).
0
2. Supplement No. 4 to part 744 is amended:
0
a. By adding under China, in alphabetical order, three Chinese
entities;
0
b. By revising under China, one Chinese entity, ``China Electronics
Technology Group Corporation 29 (CETC 29) Research Institute'';
0
c. By removing under China, one Chinese entity, ``Weihai New Era
Chemical Industrial Company Limited, No. 985 Fenghua Shan Road,
Yangting New Industrial District, Huancui District, Weihai, China.'';
0
d. By adding under Hong Kong, in alphabetical order, seven Hong Kong
entities;
0
e. By revising under Hong Kong, nine Hong Kong entities, ``Biznest,
LTD'', ``Giant Base Asia Limited'', ``Jadeshine Engineering (HK) Co.'',
``JLD Technology'', ``Kinglead Electronics Co., Ltd.'', ``PRC Lode
Technology Company'', ``Serko Limited'', ``Tex-Co Logistics Ltd.'',
``Yeraz, LTD''; and
0
f. By removing under Hong Kong, one Hong Kong entity, ``Able City
Development Limited, Unit C, 9/F Neich Tower, 128 Gloucester Road,
Wanchai, Hong Kong; and Unit 401, Harbour Ctr., Tower 2, 8 Hok Cheung
Street, Hung Hom, Kowloon, Hong Kong.''
The additions and revisions read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
[[Page 69857]]
----------------------------------------------------------------------------------------------------------------
License License review Federal Register
Country Entity requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
China, People's Republic of
* * * * * * *
China Electronics For all items Presumption of 79 FR 44680, 8/1/
Technology Group subject to the denial. 2014.
Corporation 29 EAR. (See Sec. 80 FR [INSERT FR
(CETC 29) 744.11 of the PAGE NUMBER], 11/
Research EAR). 12/2015.
Institute,
a.k.a., the
following ten
aliases:
--CETC 29th
Research
Institute;.
--China Southwest
Electronic
Equipment
Research
Institute
(SWIEE);
--29 (SIWEI Co)
Institute;
--SIWI Electronics
Corporation;
--Chengdu SIWI
Electronics Inc.;
--Chengdu SIWEI
Electronics
Company;
--Chengdu 29
Institute;
--Si Wei Company
29th Institute;
--SIWI Group; and
--Southwest China
Institute of
Electronics
No. 496 West
Yingkang Road,
Chengdu, Sichuan
Province 610036,
China; and Box
#429, #1
Waixichadianzihen
g Street,
Chengdu, Sichuan
Province 610036,
China; and 5
Cheng Wen Road,
Chengdu, China
610036; and No.3
Research
Department,
Zhongdian, China;
and No. 29
Institute, Waixi
Chadi, Chengdu,
China; and No.81
BaiChao Road,
XiPu Town, PiXian
County, Chengdu,
China; and Siwei
Electron Mansion,
Xiejiasi,
Qingyang,
Chengdu, China;
and 1 Hengjie
Chadianzi Western
Suburb, Chengdu,
China.
* * * * * * *
Sky Rise For all items Presumption of 80 FR [INSERT FR
Technology Ltd., subject to the denial. PAGE NUMBER], 11/
a.k.a., the EAR. (See Sec. 12/2015.
following one 744.11 of the
alias: EAR).
--Sky Rise Tech...
4-4-2301 Xinyi
Jiayuan,
Chongwenmen,
Dongcheng,
Beijing, China
(See also
addresses under
Hong Kong).
* * * * * * *
TiMi Technologies For all items Presumption of 80 FR [INSERT FR
Co., Ltd., subject to the denial. PAGE NUMBER], 11/
a.k.a., the EAR. (See Sec. 12/2015.
following two 744.11 of the
aliases: EAR).
--TiMi Technology
Co. Ltd.
--TiMi Tech.......
F/10, A-Tower,
Nongke Building,
11/Shu Guang Hua
Yuan Zhong Lu,
Haidian District,
Beijing, China,
100097; and
Nanhai Avenue,
Nanshan District,
518054, Shenzhen,
China (See also
addresses under
Hong Kong)
* * * * * * *
Wang Wei, a.k.a., For all items Presumption of 80 FR [INSERT FR
the following one subject to the denial. PAGE NUMBER], 11/
alias: EAR. (See Sec. 12/2015.
--Jack Wang....... 744.11 of the
EAR).
[[Page 69858]]
4-4-2301 Xinyi
Jiayuan,
Chongwenmen,
Dongcheng,
Beijing, China;
and F/10, A-
Tower, Nongke
Building, 11/Shu
Guang Hua Yuan
Zhong Lu, Haidian
District,
Beijing, China,
100097 (See also
addresses under
Hong Kong)
* * * * * * *
Hong Kong....................... 32Group China For all items Presumption of 80 FR [INSERT FR
Ltd., Room 1905, subject to the denial. PAGE NUMBER], 11/
19/F, Nam Wo Hong EAR. (See Sec. 12/2015.
Bldg., 148 Wing 744.11 of the
Lok Street, EAR).
Sheung Wang, Hong
Kong; and Room
1119, 11/F, Block
B, Yau Tong
Industrial City,
17 Ko Fai Road,
Yau Tong,
Kowloon, Hong
Kong.
* * * * * * *
Biznest, LTD, Room For all items Presumption of 76 FR 44259, 7/25/
927 9/F Far East subject to the denial. 11.
Consortium EAR. (See Sec. 80 FR [INSERT FR
Building, 121 Des 744.11 of the PAGE NUMBER], 11/
Voeux Road C, EAR). 12/2015.
Central District,
Hong Kong; and 4/
F, Hong Kong
Trade Centre, 161-
167 Des Voeux
Road, Central,
Hong Kong.
* * * * * * *
Caprice Group For all items Presumption of 80 FR [INSERT FR
Ltd., Room 1119, subject to the denial. PAGE NUMBER], 11/
11/F, Block B1, EAR. (See Sec. 12/2015.
Yau Tong 744.11 of the
Industrial City, EAR).
17 Ko Fai Road,
Yau Tong,
Kowloon, Hong
Kong; and Unit
B1, G/F Pioneer
Building, 213 Wai
Yip St., Kwun
Tong, Kowloon,
Hong Kong; and
Unit A, G/F,
Pioneer Building,
213 Wai Yip St.,
Kwun Tong,
Kowloon, Hong
Kong.
* * * * * * *
Giant Base Asia For all items Presumption of 78 FR 18808, 03/28/
Limited, Room subject to the denial. 13.
2205, 22/F, EAR. (See Sec. 80 FR [INSERT FR
Kowloon Building, 744.11 of the PAGE NUMBER], 11/
555 Nathan Road, EAR). 12/2015.
Hong Kong; and
Flat E, Block 1,
12/F, Superluck
Industrial
Centre, Tsuen
Wan, New
Territories, Hong
Kong.
* * * * * * *
Kitronix Display, For all items Presumption of 80 FR [INSERT FR
Unit B1, G/F, subject to the denial. PAGE NUMBER], 11/
Pioneer Building, EAR. (See Sec. 12/2015.
213 Wai Yip St., 744.11 of the
Kwun Tong, EAR).
Kowloon, Hong
Kong.
* * * * * * *
Jadeshine For all items Presumption of 78 FR 18808, 03/28/
Engineering (HK) subject to the denial. 13.
Co., Room 702, EAR. (See Sec. 80 FR [INSERT FR
Boss Commercial 744.11 of the PAGE NUMBER], 11/
Centre, Ferry EAR). 12/2015.
Street 38,
Kowloon, Hong
Kong; and G/F BLK
C 255 Sai Tau Wai
DD 123 Lot 1307
Yuen Long, NT,
Hong Kong.
* * * * * * *
JLD Technology, For all items Presumption of 79 FR 32441, 6/5/
Hong Kong Co., subject to the denial. 14.
Ltd., Room 1237, EAR. (See Sec. 80 FR [INSERT FR
Pacific Trade 744.11 of the PAGE NUMBER], 11/
Centre, No. 2 Kai EAR). 12/2015.
Hing Road,
Kowloon Bay, Hong
Kong; and Room
301-2, Hang Seng
Wanchai Building,
3rd Floor, No.
200 Hennessy
Road, Wanchai,
Hong Kong.
[[Page 69859]]
* * * * * * *
Kinglead For all items Presumption of 79 FR 32441,
Electronics Co., subject to the denial. 6/5/14.
Ltd., a.k.a., the EAR. (See Sec. 80 FR [INSERT FR
following four 744.11 of the PAGE NUMBER], 11/
aliases: EAR). 12/2015.
--Kinglead
InternationalTrad
ing;.
--Kinglead
Trading;.
--Kinglead
International
Trading Limited;
and.
--Phonide
Electronics
Limited.
Room 1041 Pacific
Trade Center, No.
2 Kai Hing Road,
Kowloon Bay, Hong
Kong; and B5-3,
29/F, Legend
Tower, 7 Shing
Yip Street, Kwun
Tong, Kowloon,
Hong Kong (See
alternate address
under China)..
* * * * * * *
PRC Lode For all items Presumption of 79 FR 44680, 8/1/
Technology subject to the denial. 2014.
Company, a.k.a., EAR. (See Sec. 80 FR [INSERT FR
the following one 744.11 of the PAGE NUMBER], 11/
alias: EAR). 12/2015.
--Lode
International
Limited..
Room 1019-1020 Nan
Fung Centre, 264-
298 Castle Peak
Road, Tsuen Wan
New Territories,
Hong Kong; and
Room 1522 Nan
Fung Centre, 264-
298 Castle Peak
Road, Tsuen Wan
New Territories,
Hong Kong (See
alternate
addresses under
China)..
* * * * * * *
Reekay Technology For all items Presumption of 80 FR [INSERT FR
Ltd., a.k.a., the subject to the denial. PAGE NUMBER], 11/
following one EAR. (See Sec. 12/2015.
alias: 744.11 of the
--Reekay EAR).
Technology. Suite
502, 5th Floor
Arion Commercial
Centre, No. 2-12
Queens Road West,
Sheung Wan, Hong
Kong.
* * * * * * *
Serko Limited, For all items Presumption of 77 FR 61249, 10/9/
Room 704 7/F, subject to the denial. 12.
Landwide EAR. (See Sec. 80 FR [INSERT FR
Commercial 744.11 of the PAGE NUMBER], 11/
Building, 118-120 EAR). 12/2015.
Austin Rd, Tsim
Sha Tsui, Hong
Kong; and Room
1509, Unit A,
15th Floor, Mai
Shun Industrial
Building, No. 18-
24 Kwai Cheong
Road, New
Territories, Hong
Kong.
* * * * * * *
Sky Rise For all items Presumption of 80 FR [INSERT FR
Technology Ltd., subject to the denial. PAGE NUMBER], 11/
a.k.a., the EAR. (See Sec. 12/2015.
following one 744.11 of the
alias: EAR).
--Sky Rise Tech...
Room 1905, 19/F,
Nam Wo Hong
Bldg., 148 Wing
Lok Street,
Sheung Wang, Hong
Kong; and Room
1118, 11/F, Block
B1, Yau Tong
Industrial City,
17 Ko Fai Road,
Yau Tong,
Kowloon, Hong
Kong; and Room
1119, 11/F, Block
B, Yau Tong
Industrial City,
17 Ko Fai Road,
Yau Tong,
Kowloon, Hong
Kong (See also
address under
China)..
[[Page 69860]]
* * * * * * *
Tex-Co Logistics For all items Presumption of 75 FR 7358,
Ltd., a.k.a., the subject to the denial. 2/19/10.
following one EAR. (See Sec. 80 FR [INSERT FR
alias: 744.11 of the PAGE NUMBER], 11/
--Tex-Co Hongxin EAR). 12/2015.
Logistics
Limited..
GF Seapower
Industrial
Building 177, Hoi
Bun Road,
Kowloon, Hong
Kong, and Room
2202, 22F,
Causeway Bay
Plaza 1, 489
Hennessey Road,
Causeway Bay,
Hong Kong, and
Room B03, 6/F,
Cheong Wah
Factory Building,
39-41 Sheung
Heung Road,
Tokwawan,
Kowloon, Hong
Kong; and Room G,
6/F Winner
Building, 36 Man
Yue Street, Hung
Hom, Kowloon..
TiMi Technologies For all items Presumption of 80 FR [INSERT FR
Co., Ltd., subject to the denial. PAGE NUMBER], 11/
a.k.a., the EAR. (See Sec. 12/2015.
following two 744.11 of the
aliases: EAR).
--TiMi Technology
Co. Ltd..
--TiMi Tech.......
Room 1119, 11/F,
Block B, Yau Tong
Industrial City,
17 Ko Fai Road,
Yau Tong,
Kowloon, Hong
Kong; and Room
1118, 11/F, Block
B1, Yau Tong
Industrial City,
17 Ko Fai Road,
Yau Tong,
Kowloon, Hong
Kong; and Unit A,.
G/F, Pioneer
Building, 213 Wai
Yip St., Kwun
Tong, Kowloon,
Hong Kong; and
Room 1905, 19/F,
Nam Wo Hong
Bldg., 148 Wing
Lok Street,
Sheung Wang, Hong
Kong (See also
addresses under
China).
* * * * * * *
Wang Wei, a.k.a., For all items Presumption of 80 FR [INSERT FR
the following one subject to the denial. PAGE NUMBER], 11/
alias: EAR. (See Sec. 12/2015.
--Jack Wang....... 744.11 of the
Room 1905, 19/F, EAR).
Nam Wo Hong
Bldg., 148 Wing
Lok Street,
Sheung Wang, Hong
Kong; and Room
1118, 11/F, Block
B, Yau Tong
Industrial City,
17 Ko Fai Road,
Yau Tong,
Kowloon, Hong
Kong; and Room
1119, 11/F, Block
B, Yau Tong
Industrial City,
17 Ko Fai Road,
Yau Tong,
Kowloon, Hong
Kong (See also
addresses under
China)..
* * * * * * *
Yeraz, LTD, For all items Presumption of 76 FR 44259, 7/25/
a.k.a., the subject to the denial. 11.
following one EAR. (See Sec. 80 FR [INSERT FR
alias: 744.11 of the PAGE NUMBER], 11/
--Mikrocity HK EAR). 12/2015.
Limited..
Room 927 9/F Far
East Consortium
Building, 121 Des
Voeux Road C,
Central District,
Hong Kong; and
Room 402-403, 4/
F, Hong Kong
Trade Centre, 161-
167 Des Voeux
Road, Central,
Hong Kong..
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 69861]]
Dated: November 5, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-28552 Filed 11-10-15; 8:45 am]
BILLING CODE 3510-33-P
