Addition of Certain Persons to the Entity List, 90712-90715 [2016-30061]

Download as PDF 90712 Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations persons, for any amounts owing in respect of the Guaranteed Obligation or other applicable debt obligations. (h) In the event that the Secretary considers it necessary or desirable to protect or further the interest of the United States in connection with exercise of rights as a lien holder or recovery of deficiencies due under the Guaranteed Obligation, the Secretary may take such action as he determines to be appropriate under the circumstances. (i) Nothing in this part precludes, nor shall any provision of this part be construed to preclude, the Secretary from purchasing any collateral or Holder’s or other Person’s interest in the Eligible Project upon foreclosure of the collateral. (j) Nothing in this part precludes, nor shall any provision of this part be construed to preclude, forbearance by any Holder with the consent of the Secretary for the benefit of the Borrower and the United States. (k) The Holder and the Secretary may agree to a formal or informal plan of reorganization in respect of the Borrower, to include a restructuring of the Guaranteed Obligation and other applicable debt of the Borrower on such terms and conditions as the Secretary determines are in the best interest of the United States. rmajette on DSK2TPTVN1PROD with RULES § 609.14 Preservation of collateral. (a) If the Secretary exercises his right under the Loan Guarantee Agreement to require the holder of pledged collateral to take such actions as the Secretary (subject to any applicable Intercreditor Agreement) may reasonably require to provide for the care, preservation, protection, and maintenance of such collateral so as to enable the United States to achieve maximum recovery from the collateral, the Secretary shall, subject to compliance with the Antideficiency Act, 31 U.S.C. 1341 et seq., reimburse the holder of such collateral for reasonable and appropriate expenses incurred in taking actions required by the Secretary (unless otherwise provided in applicable agreements). Except as provided in § 609.13, no party may waive or relinquish, without the consent of the Secretary, any such collateral to which the United States would be subrogated upon payment under the Loan Guarantee Agreement. (b) In the event of a default, the Secretary may enter into such contracts as he determines are required or appropriate, taking into account the term of any applicable Intercreditor Agreement, to care for, preserve, protect or maintain collateral pledged in respect VerDate Sep<11>2014 14:00 Dec 14, 2016 Jkt 241001 of Guaranteed Obligations. The cost of such contracts may be charged to the Borrower. § 609.15 Audit and access to records. Each Loan Guarantee Agreement and related documents shall provide that: (a) The Eligible Lender, or DOE in conjunction with the Federal Financing Bank where loans are funded by the Federal Financing Bank or other Holder or other party servicing the Guaranteed Obligations, as applicable, and the Borrower, shall keep such records concerning the Eligible Project as are necessary, including the Application, Term Sheet, Conditional Commitment, Loan Guarantee Agreement, Credit Agreement, mortgage, note, disbursement requests and supporting documentation, financial statements, audit reports of independent accounting firms, lists of all Eligible Project assets and non-Eligible Project assets pledged in respect of the Guaranteed Obligations, all off-take and other revenue producing agreements, documentation for all Eligible Project indebtedness, income tax returns, technology agreements, documentation for all permits and regulatory approvals and all other documents and records relating to the Borrower or the Eligible Project, as determined by the Secretary, to facilitate an effective audit and performance evaluation of the Eligible Project; and (b) The Secretary and the Comptroller General, or their duly authorized representatives, shall have access, for the purpose of audit and examination, to any pertinent books, documents, papers and records of the Borrower, Eligible Lender or DOE or other Holder or other party servicing the Guaranteed Obligation, as applicable. Such inspection may be made during regular office hours of the Borrower, Eligible Lender or DOE or other Holder, or other party servicing the Eligible Project and the Guaranteed Obligations, as applicable, or at any other time mutually convenient. § 609.16 Deviations. (a) To the extent that the requirements under this part are not specified by the Act or other applicable statutes, DOE may authorize deviations from the requirements of this part upon: (1) Either receipt from the Applicant, Borrower or Project Sponsor, as applicable, of— (i) A written request that the Secretary deviate from one or more requirements; and (ii) A supporting statement briefly describing one or more justifications for such deviation; or PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 (iii) A determination by the Secretary in his discretion to undertake a deviation; (2) A finding by the Secretary that such deviation supports program objectives and the special circumstances stated in the request make such deviation clearly in the best interest of the Government; and (3) If the waiver would constitute a substantial change in the financial terms of the Loan Guarantee Agreement and related documents, consultation by DOE with OMB and the Secretary of the Treasury. (b) If a deviation under this section results in an increase in the applicable Credit Subsidy Cost, such increase shall be funded either by additional fees paid by or on behalf of the Borrower or, if an appropriation is available by means of an appropriations act. The Secretary has discretion to determine how the cost of a deviation is funded. [FR Doc. 2016–30006 Filed 12–14–16; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 161110999–6999–01] RIN 0694–AH21 Addition of Certain Persons to the Entity List Bureau of Industry and Security, Commerce. ACTION: Final rule. AGENCY: This final rule amends the Export Administration Regulations (EAR) by adding seven persons 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 seven persons will be listed on the Entity List under the destination of Pakistan. DATES: This rule is effective December 15, 2016. 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, Email: ERC@ bis.doc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background The Entity List (Supplement No. 4 to part 744) identifies entities and other E:\FR\FM\15DER1.SGM 15DER1 Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations 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. rmajette on DSK2TPTVN1PROD with RULES ERC Entity List Decisions Additions to the Entity List This rule implements the decision of the ERC to add seven persons to the Entity List. These seven persons are being added on the basis of § 744.11 (License requirements that apply to entities acting contrary to the national security or foreign policy interests of the United States) of the EAR. The seven entries added to the entity list consist of seven entries in Pakistan. The ERC reviewed § 744.11(b) (Criteria for revising the Entity List) in making the determination to add these seven persons to the Entity List. Under that paragraph, persons and those acting on behalf of such persons may be added to the Entity List if there is reasonable cause to believe, based on specific and articulable facts, that they 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. Paragraphs (b)(1) through (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(b) of the EAR, the ERC determined that seven persons, VerDate Sep<11>2014 14:00 Dec 14, 2016 Jkt 241001 located in the destination of Pakistan, be added to the Entity List for actions contrary to the national security or foreign policy interests of the United States. The ERC determined that there is reasonable cause to believe, based on specific and articulable facts, that Ahad International; Engineering Solutions Pvt. Ltd.; National Engineering and Scientific Commission (NESCOM); three NESCOM subsidiaries: Air Weapons Complex (AWC), Maritime Technology Complex (MTC) and New Auto Engineering (NAE); and Universal Tooling Services, have been involved in actions contrary to the national security or foreign policy interests of the United States. These government, parastatal, and private entities in Pakistan are determined to be involved in activities that are contrary to the national security and/or foreign policy of the United States. Pursuant to § 744.11(b) 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. Therefore, these seven persons are being added to the Entity List. For the seven persons added to the Entity List, BIS imposes 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. The acronym ‘‘a.k.a.’’ (also known as) is used in entries on the Entity List to help exporters, reexporters and transferors better identify listed persons on the Entity List. This final rule adds the following seven persons to the Entity List: Pakistan (1) Ahad International, Suite #5–6, 2nd Floor, Empress Tower, Empress Road, Lahore54000, Pakistan; and 11–12–13, 2nd Floor, Nomro Center, Badami Bagh, Lahore, Pakistan; (2) Air Weapons Complex (AWC), AWC: E–5, Officers Colony, Wah Cantt, Punjab, Pakistan; (3) Engineering Solutions Pvt. Ltd., PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 90713 726, G–11/2. Ibne-Sina Road, Islamabad, Pakistan; (4) Maritime Technology Complex (MTC), MTC: Plot 94, Karachi, Pakistan; and MTC: System Division, PN Dockyard, Karachi, Pakistan; (5) National Engineering and Scientific Commission (NESCOM), NESCOM Head Quarter, Plot #94, Sector H–11/4, Islamabad, Pakistan; (6) New Auto Engineering (NAE), NAE: 72, Industrial Area, Peshawar Road, Rawalpindi, Pakistan; and (7) Universal Tooling Services, a.k.a., the following three aliases: —Forward Design and Manufacturing; —MSM Enterprises; and —Technopak Engineering. Deen Plaza, 68/62, Adamjee Road, Saddar P.O. Box 1640, GPO Rawalpindi, Pakistan; and G–7, Nimra Centre 7, Badami Bagh, Lahore, Pakistan; and 31/B Faisal Town, Lahore, Punjab, Pakistan; and Model Town, HMC Road, Taxila, Pakistan. 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 December 15, 2016, 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 4, 2016, 81 FR 52587 (August 8, 2016), 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 E:\FR\FM\15DER1.SGM 15DER1 90714 Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations 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. 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 to this rule 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, the entities being added to the Entity List by this action would continue to be able to receive items without a license and to conduct activities contrary to the national security or foreign policy interests of the United States. In addition, publishing a proposed rule would give these parties notice of the U.S. Government’s intention to place them on the Entity List and 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, and/or to take steps to set up additional aliases, change addresses, and other measures to try to limit the impact of the listing on the Entity List once a final rule was published. Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared. 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 through 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. 4601 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 18, 2015, 80 FR 57281 (September 22, 2015); Notice of November 12, 2015, 80 FR 70667 (November 13, 2015); Notice of January 20, 2016, 81 FR 3937 (January 22, 2016); Notice of August 4, 2016, 81 FR 52587 (August 8, 2016). 2. Supplement No. 4 to part 744 is amended by adding under Pakistan, in alphabetical order, seven Pakistani entities to read as follows: ■ SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST Country rmajette on DSK2TPTVN1PROD with RULES * PAKISTAN License requirement Entity * * * * * Ahad International, Suite #5–6, 2nd Floor, Empress Tower, Empress Road, Lahore-54000, Pakistan; and. 11–12–13, 2nd Floor, Nomro Center, Badami Bagh, Lahore, Pakistan. Air Weapons Complex (AWC), AWC: E–5, Officers Colony, Wah Cantt, Punjab, Pakistan. * * Engineering Solutions Pvt. Ltd., 726, G–11/2. Ibne-Sina Road, Islamabad, Pakistan. * * Maritime Technology Complex (MTC), MTC: Plot 94, Karachi, Pakistan; and MTC: System Division, PN Dockyard, Karachi, Pakistan. VerDate Sep<11>2014 18:21 Dec 14, 2016 Jkt 241001 PO 00000 License review policy * Federal Register citation * * * For all items subject to the EAR. (See § 744.11 of the EAR). * * Presumption of denial ...... * 81 FR [INSERT FR PAGE NUMBER], 12/15/16. For all items subject to the EAR. (See § 744.11 of the EAR). * For all items subject to the EAR. (See § 744.11 of the EAR). * For all items subject to the EAR. (See § 744.11 of the EAR). Presumption of denial ...... 81 FR [INSERT FR PAGE NUMBER], 12/15/16. * * Presumption of denial ...... * 81 FR [INSERT FR PAGE NUMBER], 12/15/16. * * Presumption of denial ...... * 81 FR [INSERT FR PAGE NUMBER], 12/15/16. Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\15DER1.SGM 15DER1 90715 Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued Entity License requirement License review policy Federal Register citation * * National Engineering and Scientific Commission (NESCOM), NESCOM Head Quarter, Plot #94, Sector H– 11/4, Islamabad, Pakistan. * * New Auto Engineering (NAE), NAE: 72, Industrial Area, Peshawar Road, Rawalpindi, Pakistan. * * Universal Tooling Services, a.k.a., the following three aliases: —Forward Design and Manufacturing; —MSM Enterprises; and —Technopak Engineering. Deen Plaza, 68/62, Adamjee Road, Saddar P.O. Box 1640, GPO Rawalpindi, Pakistan; and —G–7, Nimra Centre 7, Badami Bagh, Lahore, Pakistan; and 31/B Faisal Town, Lahore, Punjab, Pakistan; and Model Town, HMC Road, Taxila, Pakistan. * * * For all items subject to the EAR. (See § 744.11 of the EAR). * * Presumption of denial ...... * 81 FR [INSERT FR PAGE NUMBER], 12/15/16. * For all items subject to the EAR. (See § 744.11 of the EAR). * For all items subject to the EAR. (See § 744.11 of the EAR). * * Presumption of denial ...... * 81 FR [INSERT FR PAGE NUMBER], 12/15/16. * * Presumption of denial. ..... * 81 FR [INSERT FR PAGE NUMBER], 12/15/16. Country * * BILLING CODE 3510–33–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE * * * * SUPPLEMENTARY INFORMATION: 15 CFR Part 2004 I. Background [Docket Number USTR–2016–0015] RIN 0350–AA08 Freedom of Information Act Policies and Procedures Office of the United States Trade Representative. ACTION: Final rule. AGENCY: This rule amends the Office of the United States Trade Representative’s (USTR) regulations under the Freedom of Information Act (FOIA). The final rule is a comprehensive update of the prior USTR implementing rule and describes in plain language how to make a FOIA request to USTR and how the FOIA Office processes requests for records. The FOIA rule appears in subpart B to part 2004. DATES: The final rule will become effective December 15, 2016. FOR FURTHER INFORMATION CONTACT: Janice Kaye, Monique Ricker or Melissa SUMMARY: rmajette on DSK2TPTVN1PROD with RULES * Keppel, Office of General Counsel, United States Trade Representative, Anacostia Naval Annex, Building 410/ Door 123, 250 Murray Lane SW., Washington DC 20509, jkaye@ ustr.eop.gov; mricker@ustr.eop.gov; mkeppel@ustr.eop.gov, or the USTR FOIA Public Liaison at FOIA@ ustr.eop.gov or 202–395–3419. [FR Doc. 2016–30061 Filed 12–14–16; 8:45 am] 16:50 Dec 14, 2016 * * * Dated: December 8, 2016. Kevin J. Wolf, Assistant Secretary for Export Administration. VerDate Sep<11>2014 * Jkt 241001 On September 23, 2016, USTR published a proposed rule to revise its existing regulations under the FOIA. See 81 FR 65586. The 60-day comment period ended on November 22, 2016. USTR received two submissions, one public comment and feedback from the U.S. Department of Justice (DoJ). The USTR rule is modeled after a template provided by DoJ. We have carefully considered both submissions and, in response, we have made several modifications to the rule, described in more detail in part II. The rule is effective upon publication to meet the requirement that we update our FOIA implementing regulation by December 30, 2016, found in section 3 of the FOIA Improvement Act of 2016. See Public Law 114–185, 130 Stat. 544 (June 30, 2016). For convenience, the entire text of the final rule is set out below. PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 II. Section-by-Section Analysis Section 2004.1: In response to suggestions from DoJ, we have retained only the first sentence in subsection (c) to avoid inconsistencies with the foreseeable harm standard in the FOIA statute, 5 U.S.C. 552(a)(8). Section 2004.2: In response to suggestions from DoJ, we added ‘‘in an electronic format’’ after ‘‘for public inspection and copying’’ for consistency with the language of the FOIA statute. Section 2004.3: In subsection (a)(3), we combined paragraphs (i) and (ii) and eliminated the requirement for notarization to verify identity and renumbered paragraph (iii) as paragraph (ii). In subsection (b) in response to suggestions from DoJ, we eliminated paragraph (3) and clarified our suggestions for submitting a carefully tailored FOIA request so USTR can identify the records sought and expeditiously process the request. Section 2004.5: In response to suggestions from DoJ, we made clarifying changes in subsection (a) and eliminated the language about discretionary releases in subsection (b) to avoid any inconsistences with the statutory foreseeable harm standard, 5 U.S.C. 552(a)(8). Section 2004.6: In response to suggestions from DoJ, we added a reminder in subsection (a) that the response time to a FOIA request is measured in working days, not calendar E:\FR\FM\15DER1.SGM 15DER1

Agencies

[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Rules and Regulations]
[Pages 90712-90715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30061]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 161110999-6999-01]
RIN 0694-AH21


Addition of Certain Persons to the Entity List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This final rule amends the Export Administration Regulations 
(EAR) by adding seven persons 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 seven persons will be 
listed on the Entity List under the destination of Pakistan.

DATES: This rule is effective December 15, 2016.

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, 
Email: ERC@bis.doc.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The Entity List (Supplement No. 4 to part 744) identifies entities 
and other

[[Page 90713]]

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 
to the Entity List. These seven persons are being added on the basis of 
Sec.  744.11 (License requirements that apply to entities acting 
contrary to the national security or foreign policy interests of the 
United States) of the EAR. The seven entries added to the entity list 
consist of seven entries in Pakistan.
    The ERC reviewed Sec.  744.11(b) (Criteria for revising the Entity 
List) in making the determination to add these seven persons to the 
Entity List. Under that paragraph, persons and those acting on behalf 
of such persons may be added to the Entity List if there is reasonable 
cause to believe, based on specific and articulable facts, that they 
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. Paragraphs 
(b)(1) through (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(b) of the EAR, the ERC determined that 
seven persons, located in the destination of Pakistan, be added to the 
Entity List for actions contrary to the national security or foreign 
policy interests of the United States. The ERC determined that there is 
reasonable cause to believe, based on specific and articulable facts, 
that Ahad International; Engineering Solutions Pvt. Ltd.; National 
Engineering and Scientific Commission (NESCOM); three NESCOM 
subsidiaries: Air Weapons Complex (AWC), Maritime Technology Complex 
(MTC) and New Auto Engineering (NAE); and Universal Tooling Services, 
have been involved in actions contrary to the national security or 
foreign policy interests of the United States. These government, 
parastatal, and private entities in Pakistan are determined to be 
involved in activities that are contrary to the national security and/
or foreign policy of the United States.
    Pursuant to Sec.  744.11(b) 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. Therefore, 
these seven persons are being added to the Entity List.
    For the seven persons added to the Entity List, BIS imposes 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. The acronym ``a.k.a.'' (also known as) is 
used in entries on the Entity List to help exporters, reexporters and 
transferors better identify listed persons on the Entity List.
    This final rule adds the following seven persons to the Entity 
List:

Pakistan

(1) Ahad International,
    Suite #5-6, 2nd Floor, Empress Tower, Empress Road, Lahore-54000, 
Pakistan; and 11-12-13, 2nd Floor, Nomro Center, Badami Bagh, Lahore, 
Pakistan;
(2) Air Weapons Complex (AWC),
    AWC: E-5, Officers Colony, Wah Cantt, Punjab, Pakistan;
(3) Engineering Solutions Pvt. Ltd.,
    726, G-11/2. Ibne-Sina Road, Islamabad, Pakistan;
(4) Maritime Technology Complex (MTC),
    MTC: Plot 94, Karachi, Pakistan; and
    MTC: System Division, PN Dockyard, Karachi, Pakistan;
(5) National Engineering and Scientific Commission (NESCOM),
    NESCOM Head Quarter, Plot #94, Sector H-11/4, Islamabad, Pakistan;
(6) New Auto Engineering (NAE),
    NAE: 72, Industrial Area, Peshawar Road, Rawalpindi, Pakistan; and
(7) Universal Tooling Services, a.k.a., the following three aliases:
    --Forward Design and Manufacturing;
    --MSM Enterprises; and
    --Technopak Engineering.

    Deen Plaza, 68/62, Adamjee Road, Saddar P.O. Box 1640, GPO 
Rawalpindi, Pakistan; and G-7, Nimra Centre 7, Badami Bagh, Lahore, 
Pakistan; and 31/B Faisal Town, Lahore, Punjab, Pakistan; and Model 
Town, HMC Road, Taxila, Pakistan.

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 December 15, 2016, 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 4, 2016, 81 FR 52587 (August 8, 2016), 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

[[Page 90714]]

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. 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 to this 
rule 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, the entities being added to the Entity List by this action would 
continue to be able to receive items without a license and to conduct 
activities contrary to the national security or foreign policy 
interests of the United States. In addition, publishing a proposed rule 
would give these parties notice of the U.S. Government's intention to 
place them on the Entity List and 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, and/or to take steps to 
set up additional aliases, change addresses, and other measures to try 
to limit the impact of the listing on the Entity List once a final rule 
was published. Further, no other law requires that a notice of proposed 
rulemaking and an opportunity for public comment be given for this 
rule. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule by 5 U.S.C. 
553, or by any other law, the analytical requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly, 
no regulatory flexibility analysis is required and none has been 
prepared.

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 through 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. 4601 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 18, 2015, 80 FR 57281 
(September 22, 2015); Notice of November 12, 2015, 80 FR 70667 
(November 13, 2015); Notice of January 20, 2016, 81 FR 3937 (January 
22, 2016); Notice of August 4, 2016, 81 FR 52587 (August 8, 2016).


0
2. Supplement No. 4 to part 744 is amended by adding under Pakistan, in 
alphabetical order, seven Pakistani entities to read as follows:

                                    Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
                                                                          License review       Federal Register
         Country                  Entity          License requirement         policy               citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
PAKISTAN
                                                                 * * * * * *
                           Ahad International,   For all items         Presumption of        81 FR [INSERT FR
                            Suite #5-6, 2nd       subject to the EAR.   denial.               PAGE NUMBER], 12/
                            Floor, Empress        (See Sec.   744.11                          15/16.
                            Tower, Empress        of the EAR).
                            Road, Lahore-54000,
                            Pakistan; and.
                           11-12-13, 2nd Floor,
                            Nomro Center,
                            Badami Bagh,
                            Lahore, Pakistan.
                           Air Weapons Complex   For all items         Presumption of        81 FR [INSERT FR
                            (AWC), AWC: E-5,      subject to the EAR.   denial.               PAGE NUMBER], 12/
                            Officers Colony,      (See Sec.   744.11                          15/16.
                            Wah Cantt, Punjab,    of the EAR).
                            Pakistan.
                                                                 * * * * * *
                           Engineering           For all items         Presumption of        81 FR [INSERT FR
                            Solutions Pvt.        subject to the EAR.   denial.               PAGE NUMBER], 12/
                            Ltd., 726, G-11/2.    (See Sec.   744.11                          15/16.
                            Ibne-Sina Road,       of the EAR).
                            Islamabad, Pakistan.
                                                                 * * * * * *
                           Maritime Technology   For all items         Presumption of        81 FR [INSERT FR
                            Complex (MTC), MTC:   subject to the EAR.   denial.               PAGE NUMBER], 12/
                            Plot 94, Karachi,     (See Sec.   744.11                          15/16.
                            Pakistan; and MTC:    of the EAR).
                            System Division, PN
                            Dockyard, Karachi,
                            Pakistan.

[[Page 90715]]

 
                                                                 * * * * * *
                           National Engineering  For all items         Presumption of        81 FR [INSERT FR
                            and Scientific        subject to the EAR.   denial.               PAGE NUMBER], 12/
                            Commission            (See Sec.   744.11                          15/16.
                            (NESCOM), NESCOM      of the EAR).
                            Head Quarter, Plot
                            #94, Sector H-11/4,
                            Islamabad, Pakistan.
                                                                 * * * * * *
                           New Auto Engineering  For all items         Presumption of        81 FR [INSERT FR
                            (NAE), NAE: 72,       subject to the EAR.   denial.               PAGE NUMBER], 12/
                            Industrial Area,      (See Sec.   744.11                          15/16.
                            Peshawar Road,        of the EAR).
                            Rawalpindi,
                            Pakistan.
                                                                 * * * * * *
                           Universal Tooling     For all items         Presumption of        81 FR [INSERT FR
                            Services, a.k.a.,     subject to the EAR.   denial..              PAGE NUMBER], 12/
                            the following three   (See Sec.   744.11                          15/16.
                            aliases:              of the EAR).
                           --Forward Design and
                            Manufacturing;.
                           --MSM Enterprises;
                            and.
                           --Technopak
                            Engineering..
                           Deen Plaza, 68/62,
                            Adamjee Road,
                            Saddar P.O. Box
                            1640, GPO
                            Rawalpindi,
                            Pakistan; and
                           --G-7, Nimra Centre
                            7, Badami Bagh,
                            Lahore, Pakistan;
                            and 31/B Faisal
                            Town, Lahore,
                            Punjab, Pakistan;
                            and Model Town, HMC
                            Road, Taxila,
                            Pakistan.
                                                                 * * * * * *
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: December 8, 2016.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2016-30061 Filed 12-14-16; 8:45 am]
 BILLING CODE 3510-33-P