Addition of Certain Entities to the Entity List, 722-725 [2016-31969]

Download as PDF 722 Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Rules and Regulations significant environmental impacts. In accordance with FAAO 1050.1F, paragraph 5–2 regarding Extraordinary Circumstances, this action has been reviewed for factors and circumstances in which a normally categorically excluded action may have a significant environmental impact requiring further analysis, and it is determined that no extraordinary circumstances exist that warrant preparation of an environmental assessment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 161228999–6999–01] RIN 0694–AH27 Addition of Certain Entities to the Entity List Bureau of Industry and Security, Commerce. ACTION: Final rule. AGENCY: The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding five entities to the Entity List. These five entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action in conjunction with the designations made by the Office of Foreign Asset Controls, Department of the Treasury, under amended Executive Order 13694. This final rule lists these entities on the Entity List under the destination of Russia. SUMMARY: DATES: This rule is effective January 4, 2017. FOR FURTHER INFORMATION CONTACT: [Amended] 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. 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, is amended as follows: SUPPLEMENTARY INFORMATION: Paragraph 2003. Offshore Airspace Areas Background * * ■ * * * Control 1154H [Removed] * * * * * Control 1173H [Removed] * * * * * Paragraph 6007. Offshore Airspace Areas * * * * * Control 1154L [Removed] * * * * * Control 1173L [Removed] jstallworth on DSK7TPTVN1PROD with RULES * * * * * Issued in Washington, DC, on November 29, 2016. Leslie M. Swann, Acting Manager, Airspace Policy Group. [FR Doc. 2016–29144 Filed 1–3–17; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 15:22 Jan 03, 2017 Jkt 241001 The Entity List (Supplement No. 4 to part 744 of the EAR) identifies entities and other persons reasonably believed to be involved in, or that pose a significant risk of being or becoming involved in, activities that are contrary to the national security or foreign policy of the United States. The EAR imposes additional licensing requirements on, and limits the availability of most license exceptions for exports, reexports, and transfers (in-country) to those persons or entities listed on the Entity List. The license review policy for each listed entity 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 on the Entity List based on certain sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 (Embargoes and Other Special Controls) of the EAR. The End-User Review Committee (ERC) is composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy, and where appropriate, the Treasury. The ERC makes decisions to add an entry to the Entity List by majority vote and to remove or modify an entry by unanimous vote. The Departments represented on the ERC have approved these changes to the Entity List. Entity List Additions Additions to the Entity List This rule implements the decision of the agencies of the ERC to add five entities to the Entity List. These five entities 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 five entries being added to the Entity List are in Russia. Under § 744.11(b) (Criteria for revising the Entity List) of the EAR, 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. The entities being added to the Entity List have been determined to be involved in activities that are contrary to the national security or foreign policy interests of the United States. Specifically, in this rule, BIS adds five entities to the Entity List, as further described below. Entity Additions Consistent With Executive Order 13694 Five entities are added based on activities that are described in Executive Order 13694 (80 FR 18077), Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities, issued by the President on April 1, 2015 and amended on December 29, 2016. As originally issued in April 2015, Executive Order 13694 created a new, targeted authority for the U.S. government to respond more effectively to the most significant of cyber threats, particularly in situations where malicious cyber actors operate beyond the reach of existing authorities, focusing on cyber-enabled malicious activities. Executive Order 13694 authorized the imposition of sanctions on individuals and entities determined E:\FR\FM\04JAR1.SGM 04JAR1 jstallworth on DSK7TPTVN1PROD with RULES Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Rules and Regulations to be responsible for or complicit in malicious cyber-enabled activities that result in enumerated harms that are reasonably likely to result in, or have materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States. Under Section 8 of the Executive Order 13694, all agencies of the United States Government are directed to take all appropriate measures within their authority to carry out the provisions of the Order. On December 29, 2016, the President issued an Executive Order Taking Additional Steps To Address The National Emergency With Respect To Significant Malicious Cyber-Enabled Activities, which amended Executive Order 13694. With this action, the existing authorities have been amended to also allow for the imposition of sanctions on individuals and entities determined to be responsible for tampering, altering, or causing the misappropriation of information with the purpose or effect of interfering with or undermining election processes or institutions. Five entities and four individuals are identified in the Annex of the amended Executive Order and have been added to OFAC’s list of Specially Designated Nationals and Blocked Persons (SDN List). OFAC also designated an additional two individuals who also were added to the SDN List. BIS, pursuant to Executive Order 13694, as amended, and in consultation with the Departments of State, Defense, Energy, and the Treasury, has designated the five entities specified in the next three paragraphs. The Main Intelligence Directorate (a.k.a., the following two aliases: Glavnoe Razvedyvatel’noe Upravlenie; and GRU) is involved in external collection using human intelligence officers and a variety of technical tools, and is designated for tampering, altering, or causing a misappropriation of information with the purpose or effect of interfering with the 2016 U.S. election processes. The Federal Security Service (FSB), (f.k.a., Esage Lab) a.k.a., Federalnaya Sluzhba Bezopasnosti, assisted the GRU in conducting the activities described above. There were also three other entities involved: (1) The Special Technology Center, (a.k.a., STLC, Ltd.) assisted the GRU in conducting signals intelligence operations; (2) Zorsecurity Center (a.k.a., Esage Lab) provided the GRU with technical research and development; and (3) the Autonomous Noncommercial Organization VerDate Sep<11>2014 15:22 Jan 03, 2017 Jkt 241001 Professional Association of Designers of Data Processing Systems (a.k.a., ANO PO KSI) provided specialized training to the GRU. With these additions, BIS imposes on these entities a license requirement for exports, reexports, or transfers (incountry) of all items subject to the EAR and a license review policy of presumption of denial. The license requirement applies to any transaction in which items are to be exported, reexported, or transferred (in-country) to any of the entities or in which such entities 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 license requirement implements an appropriate measure within the authority of the EAR to carry out the provisions of Executive Order 13694. This final rule adds the following five entities to the Entity List: Russia (1) Autonomous Noncommercial Organization Professional Association of Designers of Data Processing Systems, a.k.a., the following one alias: —ANO PO KSI. Prospekt Mira D 68, Str 1A, Moscow 129110, Russia; and Dom 3, Lazurnaya Ulitsa, Solnechnogorskiy Raion, Andreyevka, Moscow Region 141551, Russia; (2) Federal Security Service (FSB), a.k.a., the following one alias: —Federalnaya Sluzhba Bezopasnosti. Ulitsa Kuznetskiy Most, Dom 22, Moscow 107031, Russia; and Lubyanskaya Ploschad, Dom 2, Moscow 107031, Russia; (3) Main Intelligence Directorate, a.k.a., the following three aliases —Glavnoe Razvedyvatel’noe Upravlenie; —GRU; and —Main Intelligence Department. Khoroshevskoye Shosse 76, Khodinka, Moscow, Russia; and Ministry of Defence of the Russian Federation, Frunzenskaya nab., 22/2, Moscow 119160, Russia; (4) Special Technology Center, a.k.a., the following one alias: —STC, Ltd. Gzhatskaya 21 k2, St. Petersburg, Russia; and 21–2 Gzhatskaya Street, St. Petersburg, Russia; and (5) Zorsecurity Center (f.k.a., Esage Lab), a.k.a., the following one alias: —TSOR Security. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 723 Luzhnetskaya Embankment 2⁄4, Building 17, Office 444, Moscow 119270, Russia. 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 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 E:\FR\FM\04JAR1.SGM 04JAR1 724 Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Rules and Regulations 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 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 entities being added to the Entity List. If the effective date of this rule were delayed to allow for notice and comment, then 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 Country create an incentive for these persons to either accelerate their receipt of 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/or take other measures to try to limit the impact of the listing on the Entity List once a final rule is 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. For the reasons stated in the preamble, the Bureau of Industry and Security amends part 744 of the Export Administration Regulations (15 CFR parts 730–774) as follows: Entity * * * 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 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); Notice of September 15, 2016, 81 FR 64343 (September 19, 2016). 2. Supplement No. 4 to part 744 is amended by adding under the destination of Russia, in alphabetical order, five Russian entities. The additions read as follows: ■ Supplement No. 4 to Part 744—Entity List * * * * * * Federal Register citation License review policy License requirement * PART 744—[AMENDED] * * RUSSIA VerDate Sep<11>2014 * * Autonomous Noncommercial Organization Professional Association of Designers of Data Processing Systems, a.k.a., the following one alias: —ANO PO KSI Prospekt Mira D 68, Str 1A, Moscow 129110, Russia; and Dom 3, Lazurnaya Ulitsa, Solnechnogorskiy Raion, Andreyevka, Moscow Region 141551, Russia * For all items subject to the EAR. (See § 744.11 of the EAR) * Presumption of denial * 82 FR [INSERT FR PAGE NUMBER AND 1/4/2017] * jstallworth on DSK7TPTVN1PROD with RULES * * * Federal Security Service (FSB), a.k.a., the following one alias: —Federalnaya Sluzhba Bezopasnosti Ulitsa Kuznetskiy Most, Dom 22, Moscow 107031, Russia; and Lubyanskaya Ploschad, Dom 2, Moscow 107031, Russia * For all items subject to the EAR. (See § 744.11 of the EAR) * Presumption of denial * 82 FR [INSERT FR PAGE NUMBER AND 1/4/2017] 15:22 Jan 03, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\04JAR1.SGM 04JAR1 725 Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Rules and Regulations Country Federal Register citation License review policy Entity License requirement * * * Main Intelligence Directorate, a.k.a., the following three aliases: —Glavnoe Razvedyvatel’noe Upravlenie; —GRU; and —Main Intelligence Department Khoroshevskoye Shosse 76, Khodinka, Moscow, Russia; and Ministry of Defence of the Russian Federation, Frunzenskaya nab., 22/2, Moscow 119160, Russia * For all items subject to the EAR. (See § 744.11 of the EAR) * Presumption of denial * 82 FR [INSERT FR PAGE NUMBER AND 1/4/2017] * * * Special Technology Center, a.k.a., the following one alias: —STC, Ltd Gzhatskaya 21 k2, St. Petersburg, Russia; and 21–2 Gzhatskaya Street, St. Petersburg, Russia. * For all items subject to the EAR. (See § 744.11 of the EAR) * Presumption of denial * 82 FR [INSERT FR PAGE NUMBER AND 1/4/2017] * * * Zorsecurity Center (f.k.a., Esage Lab), a.k.a., the following one alias: —TSOR Security Luzhnetskaya Embankment 2⁄4, Building 17, Office 444, Moscow 119270, Russia * For all items subject to the EAR. (See § 744.11 of the EAR) * Presumption of denial * 82 FR [INSERT FR PAGE NUMBER AND 1/4/2017] * * * Dated: December 29, 2016. Eric L. Hirschhorn, Under Secretary of Commerce for Industry and Security. DEPARTMENT OF JUSTICE 28 CFR Part 16 [Docket No. OAG 155] RIN 1105–AB51; A.G. Order No. 3803–2016 Revision of Department of Justice Freedom of Information Act Regulations Department of Justice. Interim final rule with request for comments. AGENCY: ACTION: This rule amends the Department of Justice’s regulations under the Freedom of Information Act (FOIA) to incorporate certain changes made to the FOIA by the FOIA Improvement Act of 2016. In addition, this rule amends certain provisions in the fee section to reflect developments in the case law and to streamline the description of the factors to be jstallworth on DSK7TPTVN1PROD with RULES 15:22 Jan 03, 2017 Jkt 241001 Effective Date: This rule is effective February 3, 2017. Comment Date: Public comments must be submitted by March 6, 2017. Comments submitted by mail will be accepted as timely if they are postmarked on or before that date. Electronic comments may be submitted via www.regulations.gov prior to midnight Eastern Time at the end of that day. ADDRESSES: You may submit written comments, identified by RIN 1105– AB51 or Docket No. OAG 155, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Lindsay Roberts, AttorneyAdvisor, Office of Information Policy, 1425 New York Avenue NW., Room 11050, Washington, DC 20530. Instructions: All submissions received must include the agency name and docket number for this rulemaking. For additional details on submitting comments, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. DATES: BILLING CODE 3510–33–P VerDate Sep<11>2014 * considered when making fee waiver determinations. [FR Doc. 2016–31969 Filed 12–30–16; 4:15 pm] SUMMARY: * PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 * FOR FURTHER INFORMATION CONTACT: Lindsay Roberts, Attorney-Advisor, Office of Information Policy, (202) 514– 3642. SUPPLEMENTARY INFORMATION: This rule amends the Department’s regulations under the Freedom of Information Act to incorporate certain changes made to the FOIA, 5 U.S.C. 552, by the FOIA Improvement Act of 2016, Public Law 114–185, 130 Stat. 538 (June 30, 2016). The FOIA Improvement Act of 2016 provides that agencies must allow a minimum of 90 days for requesters to file an administrative appeal. The Act also requires that agencies notify requesters of the availability of dispute resolution services at various times throughout the FOIA process. Finally, the Act codifies the Department of Justice’s ‘‘foreseeable harm’’ standard. This rule updates the Department’s regulations in 28 CFR part 16, subpart A, to reflect those statutory changes. In addition, as explained below, this rule amends provisions in § 16.10 (Fees) to incorporate the new statutory restrictions on charging fees in certain circumstances, to reflect developments in the case law, and to streamline the description of the factors to be E:\FR\FM\04JAR1.SGM 04JAR1

Agencies

[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Rules and Regulations]
[Pages 722-725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31969]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 161228999-6999-01]
RIN 0694-AH27


Addition of Certain Entities to the Entity List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: The Bureau of Industry and Security (BIS) amends the Export 
Administration Regulations (EAR) by adding five entities to the Entity 
List. These five entities have been determined by the U.S. Government 
to be acting contrary to the national security or foreign policy 
interests of the United States. BIS is taking this action in 
conjunction with the designations made by the Office of Foreign Asset 
Controls, Department of the Treasury, under amended Executive Order 
13694. This final rule lists these entities on the Entity List under 
the destination of Russia.

DATES: This rule is effective January 4, 2017.

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 of the EAR) 
identifies entities and other persons reasonably believed to be 
involved in, or that pose a significant risk of being or becoming 
involved in, activities that are contrary to the national security or 
foreign policy of the United States. The EAR imposes additional 
licensing requirements on, and limits the availability of most license 
exceptions for exports, reexports, and transfers (in-country) to those 
persons or entities listed on the Entity List. The license review 
policy for each listed entity 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 on the Entity List based on certain sections of part 744 
(Control Policy: End-User and End-Use Based) and part 746 (Embargoes 
and Other Special Controls) of the EAR.
    The End-User Review Committee (ERC) is composed of representatives 
of the Departments of Commerce (Chair), State, Defense, Energy, and 
where appropriate, the Treasury. The ERC makes decisions to add an 
entry to the Entity List by majority vote and to remove or modify an 
entry by unanimous vote. The Departments represented on the ERC have 
approved these changes to the Entity List.

Entity List Additions

Additions to the Entity List

    This rule implements the decision of the agencies of the ERC to add 
five entities to the Entity List. These five entities 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 five entries being 
added to the Entity List are in Russia.
    Under Sec.  744.11(b) (Criteria for revising the Entity List) of 
the EAR, 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. The entities being added to the Entity List 
have been determined to be involved in activities that are contrary to 
the national security or foreign policy interests of the United States. 
Specifically, in this rule, BIS adds five entities to the Entity List, 
as further described below.

Entity Additions Consistent With Executive Order 13694

    Five entities are added based on activities that are described in 
Executive Order 13694 (80 FR 18077), Blocking the Property of Certain 
Persons Engaging in Significant Malicious Cyber-Enabled Activities, 
issued by the President on April 1, 2015 and amended on December 29, 
2016.
    As originally issued in April 2015, Executive Order 13694 created a 
new, targeted authority for the U.S. government to respond more 
effectively to the most significant of cyber threats, particularly in 
situations where malicious cyber actors operate beyond the reach of 
existing authorities, focusing on cyber-enabled malicious activities. 
Executive Order 13694 authorized the imposition of sanctions on 
individuals and entities determined

[[Page 723]]

to be responsible for or complicit in malicious cyber-enabled 
activities that result in enumerated harms that are reasonably likely 
to result in, or have materially contributed to, a significant threat 
to the national security, foreign policy, or economic health or 
financial stability of the United States. Under Section 8 of the 
Executive Order 13694, all agencies of the United States Government are 
directed to take all appropriate measures within their authority to 
carry out the provisions of the Order.
    On December 29, 2016, the President issued an Executive Order 
Taking Additional Steps To Address The National Emergency With Respect 
To Significant Malicious Cyber-Enabled Activities, which amended 
Executive Order 13694. With this action, the existing authorities have 
been amended to also allow for the imposition of sanctions on 
individuals and entities determined to be responsible for tampering, 
altering, or causing the misappropriation of information with the 
purpose or effect of interfering with or undermining election processes 
or institutions. Five entities and four individuals are identified in 
the Annex of the amended Executive Order and have been added to OFAC's 
list of Specially Designated Nationals and Blocked Persons (SDN List). 
OFAC also designated an additional two individuals who also were added 
to the SDN List.
    BIS, pursuant to Executive Order 13694, as amended, and in 
consultation with the Departments of State, Defense, Energy, and the 
Treasury, has designated the five entities specified in the next three 
paragraphs.
    The Main Intelligence Directorate (a.k.a., the following two 
aliases: Glavnoe Razvedyvatel'noe Upravlenie; and GRU) is involved in 
external collection using human intelligence officers and a variety of 
technical tools, and is designated for tampering, altering, or causing 
a misappropriation of information with the purpose or effect of 
interfering with the 2016 U.S. election processes.
    The Federal Security Service (FSB), (f.k.a., Esage Lab) a.k.a., 
Federalnaya Sluzhba Bezopasnosti, assisted the GRU in conducting the 
activities described above.
    There were also three other entities involved: (1) The Special 
Technology Center, (a.k.a., STLC, Ltd.) assisted the GRU in conducting 
signals intelligence operations; (2) Zorsecurity Center (a.k.a., Esage 
Lab) provided the GRU with technical research and development; and (3) 
the Autonomous Noncommercial Organization Professional Association of 
Designers of Data Processing Systems (a.k.a., ANO PO KSI) provided 
specialized training to the GRU.
    With these additions, BIS imposes on these entities a license 
requirement for exports, reexports, or transfers (in-country) of all 
items subject to the EAR and a license review policy of presumption of 
denial. The license requirement applies to any transaction in which 
items are to be exported, reexported, or transferred (in-country) to 
any of the entities or in which such entities 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 license requirement implements an appropriate measure 
within the authority of the EAR to carry out the provisions of 
Executive Order 13694.
    This final rule adds the following five entities to the Entity 
List:
Russia
    (1) Autonomous Noncommercial Organization Professional Association 
of Designers of Data Processing Systems, a.k.a., the following one 
alias:

--ANO PO KSI.

    Prospekt Mira D 68, Str 1A, Moscow 129110, Russia; and Dom 3, 
Lazurnaya Ulitsa, Solnechnogorskiy Raion, Andreyevka, Moscow Region 
141551, Russia;
    (2) Federal Security Service (FSB), a.k.a., the following one 
alias:

--Federalnaya Sluzhba Bezopasnosti.

    Ulitsa Kuznetskiy Most, Dom 22, Moscow 107031, Russia; and 
Lubyanskaya Ploschad, Dom 2, Moscow 107031, Russia;
    (3) Main Intelligence Directorate, a.k.a., the following three 
aliases

--Glavnoe Razvedyvatel'noe Upravlenie;
--GRU; and
--Main Intelligence Department.

    Khoroshevskoye Shosse 76, Khodinka, Moscow, Russia; and Ministry of 
Defence of the Russian Federation, Frunzenskaya nab., 22/2, Moscow 
119160, Russia;
    (4) Special Technology Center, a.k.a., the following one alias:

--STC, Ltd.

    Gzhatskaya 21 k2, St. Petersburg, Russia; and 21-2 Gzhatskaya 
Street, St. Petersburg, Russia; and
    (5) Zorsecurity Center (f.k.a., Esage Lab), a.k.a., the following 
one alias:

--TSOR Security.

    Luzhnetskaya Embankment \2/4\, Building 17, Office 444, Moscow 
119270, Russia.
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 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

[[Page 724]]

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 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 entities being added to the Entity List. If the 
effective date of this rule were delayed to allow for notice and 
comment, then 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 their receipt of 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/or take other measures to try to limit the impact of the listing on 
the Entity List once a final rule is 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.

    For the reasons stated in the preamble, the Bureau of Industry and 
Security amends part 744 of the Export Administration Regulations (15 
CFR parts 730-774) 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 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); 
Notice of September 15, 2016, 81 FR 64343 (September 19, 2016).

0
2. Supplement No. 4 to part 744 is amended by adding under the 
destination of Russia, in alphabetical order, five Russian entities.
    The additions read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                License        License review   Federal Register
           Country                       Entity               requirement          policy           citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
RUSSIA
 
                                                   * * * * * *
                               Autonomous Noncommercial    For all items      Presumption of    82 FR [INSERT FR
                                Organization Professional   subject to the     denial.           PAGE NUMBER AND
                                Association of Designers    EAR. (See Sec.                       1/4/2017]
                                of Data Processing          744.11 of the
                                Systems, a.k.a., the        EAR)
                                following one alias:
                               --ANO PO KSI
                               Prospekt Mira D 68, Str
                                1A, Moscow 129110,
                                Russia; and Dom 3,
                                Lazurnaya Ulitsa,
                                Solnechnogorskiy Raion,
                                Andreyevka, Moscow Region
                                141551, Russia
 
                                                   * * * * * *
                               Federal Security Service    For all items      Presumption of    82 FR [INSERT FR
                                (FSB), a.k.a., the          subject to the     denial.           PAGE NUMBER AND
                                following one alias:        EAR. (See Sec.                       1/4/2017]
                               --Federalnaya Sluzhba        744.11 of the
                                Bezopasnosti                EAR)
                               Ulitsa Kuznetskiy Most,
                                Dom 22, Moscow 107031,
                                Russia; and Lubyanskaya
                                Ploschad, Dom 2, Moscow
                                107031, Russia
 

[[Page 725]]

 
                                                   * * * * * *
                               Main Intelligence           For all items      Presumption of    82 FR [INSERT FR
                                Directorate, a.k.a., the    subject to the     denial.           PAGE NUMBER AND
                                following three aliases:    EAR. (See Sec.                       1/4/2017]
                               --Glavnoe Razvedyvatel'noe   744.11 of the
                                Upravlenie;                 EAR)
                               --GRU; and
                               --Main Intelligence
                                Department
                               Khoroshevskoye Shosse 76,
                                Khodinka, Moscow, Russia;
                                and Ministry of Defence
                                of the Russian
                                Federation, Frunzenskaya
                                nab., 22/2, Moscow
                                119160, Russia
 
                                                   * * * * * *
                               Special Technology Center,  For all items      Presumption of    82 FR [INSERT FR
                                a.k.a., the following one   subject to the     denial.           PAGE NUMBER AND
                                alias:                      EAR. (See Sec.                       1/4/2017]
                               --STC, Ltd                   744.11 of the
                                                            EAR)
                               Gzhatskaya 21 k2, St.
                                Petersburg, Russia; and
                                21-2 Gzhatskaya Street,
                                St. Petersburg, Russia.
 
                                                   * * * * * *
                               Zorsecurity Center          For all items      Presumption of    82 FR [INSERT FR
                                (f.k.a., Esage Lab),        subject to the     denial.           PAGE NUMBER AND
                                a.k.a., the following one   EAR. (See Sec.                       1/4/2017]
                                alias:                      744.11 of the
                               --TSOR Security              EAR)
                               Luzhnetskaya Embankment \2/
                                4\, Building 17, Office
                                444, Moscow 119270,
                                Russia
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: December 29, 2016.
Eric L. Hirschhorn,
Under Secretary of Commerce for Industry and Security.
[FR Doc. 2016-31969 Filed 12-30-16; 4:15 pm]
BILLING CODE 3510-33-P