Addition of Certain Persons to the Entity List and Removal of Certain Persons From the Entity List; Correction of License Requirements, 12475-12483 [2018-05789]
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations
part 121. Therefore, prior to the
December 16, 2016 final rule,
§ 121.441(f) did not allow a deviation
even in cases in which the Flight
Standardization Board (FSB) determines
that the use of a lower level FSTD for
a specific maneuver or procedure may
be acceptable on a related aircraft
proficiency check. This oversight
resulted in inconsistency, as such a
determination by the FSB would be
based on similarities in design and
flight characteristics between the base
aircraft and the related aircraft. As a
result, the FAA recognized a need to
permit deviation from the FSTD
requirements in appendix F to part 121.
The December 16, 2016 final rule
amended § 121.441 by amending
paragraph (f), accordingly.
This technical amendment removes
paragraph (f)(2)(iii) from § 121.441
because the FAA’s recent changes to
§ 121.441 render the paragraph
unnecessary. Paragraph (f)(2)(ii)(B) of
§ 121.441 requires the inclusion of
maneuvers and procedures, as well as
the level of FSTD to be used for each
maneuver and procedure, in
applications for deviation from the
proficiency check requirements of
§ 121.441. Paragraph (f)(2)(iii) also states
carriers must include maneuvers and
procedures in related aircraft
proficiency checks. As a result, although
paragraph (f)(2)(iii) does not require a
listing of the level of FSTD the carrier
plans to use for each maneuver and
procedure, the two paragraphs are
unnecessarily redundant. Overall, the
amended regulatory text will continue
to ensure carriers that request a
deviation based on a designation of
related aircraft must include, for
purposes of qualification proficiency
checks, the necessary maneuvers and
procedures as well as the level of FSTD
to be used for each maneuver and
procedure.
III. Technical Amendment
Consistent with the foregoing, the
FAA removes paragraph (f)(2)(iii) to
eliminate the redundancy in paragraphs
(f)(2)(iii) and (f)(2)(ii)(B).
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List of Subjects in 14 CFR Part 121
Air carriers, Aircraft, Airmen,
Aviation safety.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 121 as follows:
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PART 121—OPERATING
REQUIREMENTS: DOMESTIC, FLAG,
AND SUPPLEMENTAL OPERATIONS
1. The authority citation for part 121
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40119, 41706, 42301 preceding note
added by Pub. L. 112–95, sec. 412, 126 Stat.
89, 44101, 44701–44702, 44705, 44709–
44711, 44713, 44716–44717, 44722, 44729,
44732, 46105; Pub. L. 111–216, 124 Stat.
2348 (49 U.S.C. 44701 note); Pub. L. 112–95,
126 Stat. 62 (49 U.S.C. 44732 note).
§ 121.441
[Amended]
2. Amend § 121.441 by removing
paragraph (f)(2)(iii).
■
Issued under authority provided by 49
U.S.C. 106(f) and 44701(a) in Washington,
DC.
Lirio Liu,
Executive Director, Office of Rulemaking.
[FR Doc. 2018–05859 Filed 3–21–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 180227219–8219–01]
RIN 0694–AH51
Addition of Certain Persons to the
Entity List and Removal of Certain
Persons From the Entity List;
Correction of License Requirements
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
This final rule amends the
Export Administration Regulations
(EAR) by adding twenty-three persons to
the Entity List. These twenty-three
persons have been determined by the
U.S. Government to be acting contrary
to the national security or foreign policy
interests of the United States and will be
listed on the Entity List under the
destinations of Pakistan, Singapore and
South Sudan. This rule also removes
one person under the destination of
Ecuador and one person under the
destination of the United Arab Emirates
(U.A.E.) from the Entity List. Both
removals are the result of requests for
removal received by BIS pursuant to the
section of the EAR used for requesting
removal or modification of an Entity
List entry and a review of information
provided in the removal requests.
Lastly, this rule corrects the license
requirement for twelve entities that
were added under the destination of
Russia as part of a recent BIS rule.
SUMMARY:
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DATES:
12475
This rule is effective March 22,
2018.
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 (15 CFR, Subchapter
C, part 744, Supplement No. 4)
identifies entities 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 Export
Administration Regulations (EAR) (15
CFR, Subchapter C, parts 730–774)
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 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 relevant Federal
Register notice adding entities to the
Entity List. BIS places entities on the
Entity List pursuant to 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), 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 makes 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 twenty-three persons to
the Entity List. These twenty-three
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 twenty-three entries added to
the Entity List consist of seven entities
located in Pakistan, one entity in
Singapore and fifteen entities in South
Sudan.
The ERC reviewed § 744.11(b)
(Criteria for revising the Entity List) in
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making the determination to add these
twenty-three persons to the Entity List.
Under that paragraph, persons for whom
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, along with
those acting on behalf of such persons,
may be added to the Entity List.
Paragraphs (b)(1) through (b)(5) of
§ 744.11 provide an illustrative list of
activities that could be contrary to the
national security or foreign policy
interests of the United States.
The ERC determined that the fifteen
entities being added to the Entity List
under the destination of South Sudan—
Ascom Sudd Operating Company; Dar
Petroleum Operating Company;
DietsmannNile; Greater Pioneer
Operating Co. Ltd; Juba Petrotech
Technical Services Ltd; Nile Delta
Petroleum Company; Nile Drilling and
Services Company; Nile Petroleum
Corporation; Nyakek and Sons; Oranto
Petroleum; Safinat Group; SIPET
Engineering and Consultancy Services;
South Sudan Ministry of Mining; South
Sudan Ministry of Petroleum; and Sudd
Petroleum Operating Co.—are
government, parastatal and private
entities in South Sudan that are
involved in activities that are contrary
to the foreign policy interests of the
United States.
In addition, the ERC determined that
Mushko Logistics Pte. Ltd. (located
under the destination of Singapore) and
Mushko Electronics Pvt. Ltd (located
under the destination of Pakistan) be
added to the Entity List on the grounds
that these two entities procured items
for several Pakistani entities on the
Entity List. The ERC has also
determined that Solutions Engineering
(located under the destination of
Pakistan) be added to the Entity List
based on their involvement in activities
contrary to U.S. national security and
foreign policy interests. Specifically, the
ERC determined that this entity has
been involved in the procurement of
U.S.-origin items on behalf of nuclearrelated entities in Pakistan that are
already listed on the Entity List.
For the remaining five entities being
added to the Entity List under the
destination of Pakistan, the ERC
determined that three of the entities,
Akhtar & Munir, Proficient Engineers
and Pervaiz Commercial Trading Co.
(PCTC), be added based on their
involvement in the proliferation of
unsafeguarded nuclear activities that are
contrary to the national security and/or
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foreign policy interests of the United
States. The ERC also determined that
Marine Systems Pvt. Ltd. be added to
the Entity List for assisting Pakistani
entities on the Entity List in
circumventing the restrictions of
§ 744.11 of the EAR by obtaining items
subject to the EAR on behalf of those
listed entities without the required
licenses. Lastly, the ERC determined
that Engineering and Commercial
Services (ECS) be added to the Entity
based on its involvement in supplying
a Pakistani nuclear-related entity on the
Entity List.
Pursuant to § 744.11(b) of the EAR,
the ERC determined that the conduct of
these twenty-three persons raises
sufficient concern that prior review of
exports, reexports or transfers (incountry) of all 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 twenty-three 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 identify aliases, thereby assisting
exporters, reexporters and transferors in
identifying persons on the Entity List.
This final rule adds the following
twenty-three persons to the Entity List:
Pakistan
(1) Akhtar & Munir, Hussain Plaza
60–B No. 3, Adamjee Road, Punjab
46000, Pakistan;
(2) Engineering and Commercial
Services (ECS), 204, 2nd Floor, Capital
Business Center, F–10 Markaz,
Islamabad, Pakistan;
(3) Marine Systems Pvt. Ltd., 2nd
Floor, Kashmir Plaza, Blue Area, G–6/F–
6 Islamabad, Pakistan;
(4) Mushko Electronics Pvt. Ltd., Safa
House Address, Abdullah Haroon Road,
Karachi Pakistan; and Victoria
Chambers, Abdullah Haroon Road,
Saddar Town, Karachi Pakistan; and
Office No. 3&8, First Floor, Center Point
Plaza, Main Boulevad, Gullberg-III,
Lahore, Pakistan; and 26–D Kashmir
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Plaza East, Jinnah Avenue, Blue Area,
Islamabad, Pakistan; and 68–W, Sama
Plaza, Blue Area Sector G–7, Islamabad,
Pakistan;
(5) Pervaiz Commercial Trading Co.
(PCTC), PCTC House, 36–B Model
Town, Lahore, Pakistan;
(6) Proficient Engineers, Tariq Block,
437 New Garen Town, Lahore, Pakistan;
and
(7) Solutions Engineering Pvt. Ltd.,
a.k.a., the following two aliases:
—Solutronix Engineering Pvt. Ltd. and
—Solutronix Pvt. Ltd.
95A Solutions Tower, DHA Phase 8
Commercial Broadway, Lahore,
Pakistan; and 54–B PAF Colony, Zarar
Shaheed, Lahore, Pakistan; and Ground
Floor, Almas Tower, Begum Salma
Tassadaq Road, Near E Plomer, Lahore,
Pakistan; and Suite 1&4, Hafeez
Chamber 85 The Mall Lahore, Pakistan;
and Gohawa Dak Dhana Bhatta Kohaar,
Lahore, Pakistan; and Sehajpal Village,
near New Airport Road, Lahore,
Pakistan; and, Office #201, 2nd Floor,
Capital Business Center, F–10 Markaz,
Islamabad, Pakistan; and 156 The Mall,
Rawalpindi, Pakistan.
Singapore
(1) Mushko Logistics Pte. Ltd., Unit
04–01, Lip Hing Industrial Building, 3
Pemimpin Drive, Singapore; and 37
Pemimpin Drive, #06–12 MAPEX,
Singapore; and Unit 04–01/03, Pandan
Logistics Hub, 49 Pandan Road,
Singapore; and 54 Lakeside Drive, #01–
22 Caspian, Singapore.
South Sudan
(1) Ascom Sudd Operating Company,
a.k.a., the following one alias:
—ASOC.
South Sudan;
(2) Dar Petroleum Operating
Company, a.k.a., the following one alias:
—DPOC.
Zhongnan Hotel, on UNMISS Road,
South Sudan;
(3) DietsmannNile, Tomping District
opposite Arkel Restaurant, two blocks
north of Airport Road, Juba, South
Sudan;
(4) Greater Pioneer Operating Co. Ltd,
a.k.a., the following one alias:
—GPOC.
South Sudan;
(5) Juba Petrotech Technical Services
Ltd, South Sudan;
(6) Nile Delta Petroleum Company,
Hai Malakai neighborhood, Juba, South
Sudan;
(7) Nile Drilling and Services
Company, Hai Amarat, Airport Road,
West Yat Building, Third Floor, Juba,
South Sudan;
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(8) Nile Petroleum Corporation, a.k.a.,
the following one alias:
—Nilepet.
Tomping District opposite Arkel
Restaurant, two blocks north of Airport
Road, Juba, South Sudan;
(9) Nyakek and Sons, Jubatown
District near the Ivory Bank, Juba, South
Sudan;
(10) Oranto Petroleum, Referendum
Road, Juba, South Sudan;
(11) Safinat Group, South Sudan;
(12) SIPET Engineering and
Consultancy Services, a.k.a., the
following one alias:
—SPECS.
Tomping District opposite Arkel
Restaurant, two blocks north of Airport
Road, Juba, South Sudan;
(13) South Sudan Ministry of Mining,
Nimra Talata, P.O. Box 376, Juba, South
Sudan;
(14) South Sudan Ministry of
Petroleum, Ministries Road, Opposite
the Presidential Palace, P.O. Box 376,
Juba, South Sudan; and
(15) Sudd Petroleum Operating Co.,
a.k.a., the following one alias:
—SPOC.
Tharjath, Unity State, South Sudan.
Removal From the Entity List
This rule implements a decision of
the ERC to remove the following two
entries from the Entity List on the basis
of removal requests received by BIS, as
follows: Corporacion Nacional de
Telecommunicaciones (CNT), located in
Ecuador, and Talaat Mehmood, located
in the U.A.E. The entry for CNT was
added to the Entity List on June 4, 2015
(see 80 FR 31836). The entry for Talaat
Mehmood was added to the Entity List
on May 26, 2017 (see 82 FR 24245). The
ERC decided to remove these two
entries based on information received
by BIS pursuant to § 744.16 of the EAR
and review conducted by the ERC.
This final rule implements the
decision to remove the following one
entity located in Ecuador and one entity
located in the U.A.E. from the Entity
List:
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Ecuador
(1) Corporacion Nacional de
Telecommunicaciones (CNT), Avenida
Gaspar de Villaroel, Quito Ecuador; and
Avda. Veintimilla, Suite 1149 y
Amazonas, Edificio Estudio Z, Quito,
Ecuador.
United Arab Emirates
(1) Talaat Mehmood, Q–4 136
Warehouse, Sharjah Airport
International Free (SAIF) Zone, Sharjah,
UAE; and Q1–08–051/B, Sharjah
Airport International Free (SAIF) Zone,
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Sharjah, UAE; and P.O. Box 121826,
Sharjah Airport International Free
(SAIF) Zone, Sharjah, UAE.
Correction of License Requirements
On February 16, 2018, BIS published
a final rule, Russian Sanctions: Addition
of Certain Entities to the Entity List (83
FR 6949) (the February 16 rule), which
added twenty-one entities to the Entity
List under the destinations of Georgia,
Poland, and Russia. Of the twenty-one
entities added in the February 16 rule,
twelve were added based on activities
described in Executive Order 13662 (79
FR 16169), Blocking Property of
Additional Persons Contributing to the
Situation in Ukraine, issued on March
20, 2014. The preamble of the February
16 rule described the imposition of a
license requirement for twelve Russian
entities: Kaliningradnefteprodukt OOO;
Kinef OOO; Kirishiavtoservis OOO;
Lengiproneftekhim OOO; Media-Invest
OOO; Novgorodnefteprodukt OOO;
Pskovnefteprodukt OOO; SNGB AO; SO
Tvernefteprodukt OOO; Sovkhoz
Chervishevski PAO; Strakhovove
Obshchestvo Surgutneftegaz OOO; and
Surgutmebel OOO, for activities
described in § 746.5 of the EAR.
Specifically, the preamble stated that a
license is required for exports,
reexports, or transfers (in-country) of all
items subject to the EAR, when the
exporter, reexporter or transferor knows
that the item will be used directly or
indirectly in exploratinon for, or
production of, oil or gas in Russian
deepwater (greater than 500 feet) or
Arctic offshore locations or shale
formations in Russia, or is unable to
determine whether the item will be used
in such projects. However, the February
16 rule’s amendments to the EAR
adding these twelve entities incorrectly
specified in the entry for each entity a
license requirement that read as follows:
‘‘For all items subject to the EAR. (See
§ 744.11 of the EAR).’’ This final rule
corrects the license requirement column
in the entry for each of the twelve
entities to clarify that the Entity List’s
license requirements apply to all items
subject to the EAR when used in
projects specified in § 746.5 of the EAR,
as stated in the February 16 rule’s
preamble. The full name of each entity,
along with any aliases, and
accompanying addresses, is as follows:
(1) Kaliningradnefteprodukt OOO,
a.k.a., the following three aliases:
—Kaliningradnefteprodukt LLC;
—Limited Liability Company
Kaliningradnefteproduct; and
—LLC Kaliningradnefteproduct.
22–b Komsomolskaya Ulitsa, Central
District, Kaliningrad, Russia;
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(2) Kinef OOO, a.k.a., the following
three aliases:
—Kinef, LLC;
—Limited Liability Company
Production Association
Kirishinefteorgsintez; and
—LLC Kinef.
d. 1 Shosse Entuziastov, Kirishi,
Leningradskaya Oblast 187110, Russia;
(3) Kirishiavtoservis OOO, a.k.a., the
following two aliases:
—Limited Liability Company
Kirishiavtoservis; and
—LLC Kirishiavtoservis.
lit A, 12 Smolenskaya Ulitsa, St.
Petersburg 196084;
(4) Lengiproneftekhim OOO, a.k.a.,
the following three aliases:
—Institut Po Proektirovaniyu
Predpriyaty
Neftepererabatyvayuschey I
Neftekhimicheskoy Promyshlennosti,
Limited Liability Company;
—Limited Liability Company Oil
Refining and Petrochemical Facilities
Design Institute; and
—LLC Lengiproneftekhim.
d. 94, Obvodnogo Kanala, nab, St.
Petersburg 196084, Russia;
(5) Media-Invest OOO, a.k.a., the
following two aliases:
—Limited Liability Company MediaInvest; and
—LLC Media-Invest.
17 Bld 1 Zubovsky Blvd., Moscow
119847, Russia;
(6) Novgorodnefteprodukt OOO,
a.k.a., the following three aliases:
—Limited Liability Company
Novgorodnefteproduct;
—LLC Novgorodnefteproduct; and
—Novgorodnefteprodukt LLC.
d. 20 Germana Ulitsa, Veliky Novgorod,
Novgorodskaya Oblast 173002, Russia;
(7) Pskovnefteprodukt OOO, a.k.a., the
following two aliases:
—Limited Liability Company Marketing
Association Pskovnefteproduct; and
—LLC Pskovnefteproduct.
4 Oktyabrsky Prospekt, Pskov 180000,
Russia;
(8) SNGB AO, a.k.a., the following
three aliases:
—Closed Joint Stock Company
Surgutneftegasbank (ZAO SNGB);
—Joint Stock Company
Surgutneftegasbank; and
—JSC BANK SNGB.
19 Kukuyvitskogo Street, Surgut
628400, Russia;
(9) SO Tvernefteprodukt OOO, a.k.a.,
the following two aliases:
—Limited Liability Company Marketing
Association Tvernefteproduct; and
—LLC MA Tvernefteproduct.
6 Novotorzhskaya Ulitsa, Tver, Russia;
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(10) Sovkhoz Chervishevski PAO,
a.k.a., the following three aliases:
—OJSC Sovkhoz Chervishevsky;
—Open Joint Stock Company Sovkhoz
Chervishevsky; and
—Sovkhoz Chervishevsky, JSC.
d. 81 Sovetskaya Ulitsa, S.
Chervichevsky, Tyumensky Rayon,
Tyumensky Oblast 625519, Russia;
(11) Strakhovove Obshchestvo
Surgutneftegaz OOO, a.k.a., the
following three aliases:
—Insurance Company Surgutneftegas,
LLC;
—Limited Liability Company Insurance
Company Surgutneftegas; and
—LLC Insurance Company
Surgutneftegas.
9/1 Lermontova Ulitsa, Surgut 628418,
Russia;
(12) Surgutmebel OOO, a.k.a., the
following four aliases:
—Limited Liability Company
Syrgutmebel;
—LLC Surgutmebel;
—LLC Syrgutmebel; and
—Surgutmebel, LLC.
Vostochnaya Industrial 1 Territory 2,
Poselok Barsovo, Surgutsky District,
Yugra, Khanty-Mansiysky Autonomos
Okrug, Russia.
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
March 22, 2018, pursuant to actual
orders for export or reexport to a foreign
destination, may proceed to that
destination under the previous
eligibility for a License Exception or
export or reexport without a license
(NLR).
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Export Administration Act of 1979
Although the Export Administration
Act of 1979 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 15,
2017, 82 FR 39005 (Aug. 16, 2017), has
continued the EAR in effect under the
International Emergency Economic
Powers Act (15 U.S.C. 1701 et seq.). BIS
continues to carry out the provisions of
the Export Administration Act of 1979,
as appropriate and to the extent
permitted by law, pursuant to Executive
Order 13222, as amended by Executive
Order 13637.
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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 twenty-three persons added
to the Entity List in this final rule, the
provisions of the Administrative
Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking, the
opportunity for public participation and
a 30-day delay in effective date are
inapplicable, because this regulation
involves a military or foreign affairs
function of the United States (5 U.S.C.
553(a)(1)). BIS implementation of this
rule is necessary to protect U.S. national
security or foreign policy interests by
preventing items subject to the EAR
from being exported, reexported, or
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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 persons being added to the
Entity List by this action would
continue to be able to receive items
subject to the EAR without a license and
to conduct activities contrary to the
national security or foreign policy
interests of the United States. In
addition, publishing a proposed rule
would give these persons notice of the
U.S. Government’s intention to place
them on the Entity List, which could
create an incentive for them to
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, including taking steps to set up
additional aliases, change addresses,
and engaging in other measures to try to
limit the impact of the listing on the
Entity List once a final rule is
published.
5. For the two entities removed from
the Entity List in this final rule,
pursuant to the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), BIS finds good cause to
waive requirements that this rule be
subject to notice and the opportunity for
public comment because it would be
contrary to the public interest. In
determining whether to grant a request
for removal 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 entities
requesting removal from the Entity List,
the nature and terms of which are set
forth in 15 CFR part 744, supplement
No. 5, as noted in 15 CFR 744.16(b). The
information, commitments, and criteria
for this extensive review were all
established through the notice of
proposed rulemaking and public
comment process (72 FR 31005 (June 5,
2007) (proposed rule), and 73 FR 49311
(August 21, 2008) (final rule)). These
two removals have been made within
the established regulatory framework of
the Entity List. If the rule were to be
delayed to allow for public comment,
U.S. exporters may face unnecessary
economic losses as they turn away
potential sales to the entities 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 applicants
whose removal has been approved by
the ERC to receive U.S. exports
E:\FR\FM\22MRR1.SGM
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations
immediately, subject to any other
potential license requirements that may
apply under provisions of the EAR other
than the Entity List).
Removals from the Entity List involve
interagency deliberation and result from
review of public and non-public
sources, including, where applicable,
sensitive law enforcement information
and classified information, and the
measurement of such information
against the Entity List removal criteria.
This information is extensively
reviewed according to the criteria for
evaluating removal requests from the
Entity List, as set out in 15 CFR part
744, supplement No. 5, and 15 CFR
744.16(b). For reasons of national
security, BIS is not at liberty to provide
to the public detailed information on
which the ERC relied to make the
decisions to remove these 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 of 1979),
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 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
entities from the Entity List removes
requirements (the Entity-List-based
license requirement and limitation on
use of license exceptions) on those two
entities. The rule does not impose a
requirement on any other person for
these removals from the Entity List.
Further, no other law requires that a
Country
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. 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;
License
requirement
Entity
*
2. Supplement No. 4 to part 744 is
amended:
■ a. By removing the heading ‘‘Ecuador’’
and one Ecuadorian entity,
‘‘Corporacion Nacional de
Telecommunicaciones (CNT), Avenida
Gaspar de Villaroel, Quito Ecuador; and
Avda. Veintimilla, Suite 1149 y
Amazonas, Edificio Estudio Z, Quito,
Ecuador.’’;
■ b. By adding, under Pakistan, in
alphabetical order, seven Pakistani
entities;
■ c. By revising, under Russia, twelve
Russian entities;
■ d. By adding, under Singapore, in
alphabetical order, one Singaporean
entity;
■ e. By adding, in alphabetical order, a
heading for South Sudan and fifteen
South Sudanese entities;
■ f. By removing, under United Arab
Emirates, one Emirati entity, ‘‘Talaat
Mehmood, Q–4 136 Warehouse, Sharjah
Airport International Free (SAIF) Zone,
Sharjah, UAE; and Q1–08–051/B,
Sharjah Airport International Free
(SAIF) Zone, Sharjah, UAE; and P.O.
Box 121826, Sharjah Airport
International Free (SAIF) Zone, Sharjah,
UAE.’’
The additions and revisions read as
follows:
■
Supplement No. 4 to Part 744—Entity
List
Federal Register
citation
License review policy
*
*
*
*
*
*
*
*
*
*
*
Akhtar & Munir, Hussain Plaza 60–B
No. 3, Adamjee Road, Punjab 46000,
Pakistan;
*
*
Engineering and Commercial Services
(ECS), 204, 2nd Floor, Capital Business Center, F–10 Markaz,
Islamabad, Pakistan.
*
*
VerDate Sep<11>2014
E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp.,
p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993
Comp., p. 608; E.O. 12938, 59 FR 59099, 3
CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR
5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of August
15, 2017, 82 FR 39005 (August 16, 2017);
Notice of September 18, 2017, 82 FR 43825
(September 19, 2017); Notice of November 6,
2017, 82 FR 51971 (November 8, 2017);
Notice of January 17, 2018, 83 FR 2731
(January 18, 2018).
*
PAKISTAN ........
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notice of proposed rulemaking and an
opportunity for public comment be
given for this final rule.
6. The Department finds that there is
good cause under 5 U.S.C. 553(b)(3)(B)
to waive the provisions of the APA
regarding notice of proposed
rulemaking, the opportunity for public
comment, and a 30-day delay in
effective date for corrections made to
twelve entries on the Entity List as part
of this rule. This rule merely corrects an
error resulting from a February 16, 2018
rule regarding the licensing requirement
under the EAR that is applicable to
items destined for or otherwise
involving twelve entities that were
added to the Entity List by the rule. The
February 16, 2018 rule was a final rule
with immediate effectiveness. It would
be contrary to the public interest to
delay publication of a correction and
thereby exacerbate confusion on the part
of the public as to the correct licensing
requirement for shipments to or
involving these twelve entities.
7. 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.
17:42 Mar 21, 2018
Jkt 244001
PO 00000
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).
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations
Entity
License
requirement
License review policy
Federal Register
citation
Marine Systems Pvt. Ltd., 2nd Floor,
Kashmir Plaza, Blue Area, G–6/F–6
Islamabad, Pakistan.
*
*
Mushko Electronics Pvt. Ltd., Safa
House Address, Abdullah Haroon
Road, Karachi Pakistan; and Victoria
Chambers, Abdullah Haroon Road,
Saddar Town, Karachi Pakistan; and
Office No. 3&8, First Floor, Center
Point Plaza, Main Boulevad,
Gullberg-III, Lahore, Pakistan; 26–D
Kashmir Plaza East, Jinnah Avenue,
Blue Area, Islamabad, Pakistan; and
68–W, Sama Plaza, Blue Area Sector G–7, Islamabad, Pakistan.
*
*
Pervaiz Commercial Trading Co.
(PCTC), PCTC House, 36–B Model
Town, Lahore, Pakistan.
*
*
Proficient Engineers, Tariq Block, 437
New Garen Town, Lahore, Pakistan.
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 ......
83 FR [INSERT FR PAGE
NUMBER AND
3/22/18].
*
83 FR [INSERT FR PAGE
NUMBER AND
3/22/18].
*
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 ......
Country
*
*
Solutions Engineering Pvt. Ltd., a.k.a.,
the following two aliases:
—Solutronix Engineering Pvt. Ltd. and
—Solutronix Pvt. Ltd.
95A Solutions Tower, DHA Phase 8
Commercial Broadway, Lahore, Pakistan; and 54–B PAF Colony, Zarar
Shaheed, Lahore, Pakistan; and
Ground Floor, Almas Tower, Begum
Salma Tassadaq Road, Near E
Plomer, Lahore, Pakistan; and Suite
1&4, Hafeez Chamber 85 The Mall
Lahore, Pakistan; and Gohawa Dak
Dhana Bhatta Kohaar, Lahore, Pakistan; and Sehajpal Village, near New
Airport Road, Lahore, Pakistan; and,
Office #201, 2nd Floor, Capital Business Center, F–10 Markaz,
Islamabad, Pakistan; and 156 The
Mall, Rawalpindi, Pakistan.
*
daltland on DSKBBV9HB2PROD with RULES
*
*
Presumption of denial ......
*
*
Presumption of denial ......
*
83 FR [INSERT FR PAGE
NUMBER AND
3/22/18].
*
83 FR [INSERT FR PAGE
NUMBER AND
3/22/18].
*
83 FR [INSERT FR PAGE
NUMBER AND
3/22/18].
*
RUSSIA ............
*
*
*
*
*
*
*
*
*
*
*
Kaliningradnefteprodukt OOO, a.k.a.,
the following three aliases:
—Kaliningradnefteprodukt LLC;
—Limited Liability Company
Kaliningradnefteproduct; and
—LLC Kaliningradnefteproduct.
22–b Komsomolskaya Ulitsa, Central
District, Kaliningrad, Russia.
*
*
Kinef OOO, a.k.a., the following three
aliases:
—Kinef, LLC;
—Limited Liability Company Production
Association Kirishinefteorgsintez; and
—LLC Kinef.
d. 1 Shosse Entuziastov, Kirishi,
Leningradskaya Oblast 187110, Russia.
*
*
VerDate Sep<11>2014
*
*
Presumption of denial ......
17:42 Mar 21, 2018
Jkt 244001
PO 00000
For all items subject to
the EAR when used in
projects specified in
§ 746.5 of the EAR.
Presumption of denial ......
83 FR 6952, 2/16/18. 83
FR [INSERT FR PAGE
NUMBER AND
3/22/18].
*
For all items subject to
the EAR when used in
projects specified in
§ 746.5 of the EAR.
*
*
Presumption of denial ......
*
83 FR 6952, 2/16/18. 83
FR [INSERT FR PAGE
NUMBER AND
3/22/18].
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations
daltland on DSKBBV9HB2PROD with RULES
Country
License
requirement
VerDate Sep<11>2014
License review policy
Federal Register
citation
For all items subject to
the EAR when used in
projects specified in
§ 746.5 of the EAR.
Presumption of denial ......
83 FR 6952, 2/16/18. 83
FR [INSERT FR PAGE
NUMBER AND
3/22/18].
*
For all items subject to
the EAR when used in
projects specified in
§ 746.5 of the EAR.
*
*
Presumption of denial ......
*
83 FR 6952, 2/16/18. 83
FR [INSERT FR PAGE
NUMBER AND
3/22/18].
*
For all items subject to
the EAR when used in
projects specified in
§ 746.5 of the EAR.
*
*
Presumption of denial ......
*
83 FR 6952, 2/16/18. 83
FR [INSERT FR PAGE
NUMBER AND
3/22/18].
*
For all items subject to
the EAR when used in
projects specified in
§ 746.5 of the EAR.
*
*
Presumption of denial ......
*
83 FR 6952, 2/16/18. 83
FR [INSERT FR PAGE
NUMBER AND
3/22/18].
*
For all items subject to
the EAR when used in
projects specified in
§ 746.5 of the EAR.
*
*
Presumption of denial ......
*
83 FR 6952, 2/16/18. 83
FR [INSERT FR PAGE
NUMBER AND
3/22/18].
*
For all items subject to
the EAR when used in
projects specified in
§ 746.5 of the EAR.
*
*
Presumption of denial ......
*
83 FR 6952, 2/16/18. 83
FR [INSERT FR PAGE
NUMBER AND
3/22/18].
For all items subject to
the EAR when used in
projects specified in
§ 746.5 of the EAR.
Presumption of denial ......
83 FR 6952, 2/16/18. 83
FR [INSERT FR PAGE
NUMBER AND
3/22/18].
*
For all items subject to
the EAR when used in
projects specified in
§ 746.5 of the EAR.
*
*
Presumption of denial ......
*
83 FR 6952, 2/16/18. 83
FR [INSERT FR PAGE
NUMBER AND
3/22/18].
Entity
Kirishiavtoservis OOO, a.k.a., the following two aliases:
—Limited Liability Company
Kirishiavtoservis; and
—LLC Kirishiavtoservis.
lit A, 12 Smolenskaya Ulitsa, St. Petersburg 196084.
*
*
Lengiproneftekhim OOO, a.k.a., the following three aliases:
—Institut Po Proektirovaniyu
Predpriyaty
Neftepererabatyvayuschey I
Neftekhimicheskoy Promyshlennosti,
Limited Liability Company;
—Limited Liability Company Oil Refining and Petrochemical Facilities Design Institute; and
—LLC Lengiproneftekhim.
d. 94, Obvodnogo Kanala, nab, St. Petersburg 196084, Russia.
*
*
Media-Invest OOO, a.k.a., the following
two aliases:
—Limited Liability Company Media-Invest; and
—LLC Media-Invest.
17 Bld 1 Zubovsky Blvd, Moscow
119847, Russia.
*
*
Novgorodnefteprodukt OOO, a.k.a., the
following three aliases:
—Limited Liability Company
Novgorodnefteproduct;
—LLC Novgorodnefteproduct; and
—Novgorodnefteprodukt LLC.
d. 20 Germana Ulitsa, Veliky Novgorod,
Novgorodskaya Oblast 173002, Russia.
*
*
Pskovnefteprodukt OOO, a.k.a., the following two aliases:
—Limited Liability Company Marketing
Association Pskovnefteproduct; and
—LLC Pskovnefteproduct.
4 Oktyabrsky Prospekt, Pskov 180000,
Russia.
*
*
SNGB AO, a.k.a., the following three
aliases:
—Closed Joint Stock Company
Surgutneftegasbank (ZAO SNGB);
—Joint Stock Company
Surgutneftegasbank; and
—JSC BANK SNGB.
19 Kukuyvitskogo Street, Surgut
628400, Russia.
SO Tvernefteprodukt OOO, a.k.a., the
following two aliases:
—Limited Liability Company Marketing
Association Tvernefteproduct; and
—LLC MA Tvernefteproduct.
6 Novotorzhskaya Ulitsa, Tver, Russia.
*
*
Sovkhoz Chervishevski PAO, a.k.a.,
the following three aliases:
—OJSC Sovkhoz Chervishevsky;
—Open Joint Stock Company Sovkhoz
Chervishevsky; and
—Sovkhoz Chervishevsky, JSC.
d. 81 Sovetskaya Ulitsa, S.
Chervichevsky, Tyumensky Rayon,
Tyumensky Oblast 625519, Russia.
17:42 Mar 21, 2018
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Country
License
requirement
*
*
Strakhovove Obshchestvo
Surgutneftegaz OOO, a.k.a., the following three aliases:
—Insurance Company Surgutneftegas,
LLC;
—Limited Liability Company Insurance
Company Surgutneftegas; and
—LLC Insurance Company
Surgutneftegas.
9/1 Lermontova Ulitsa, Surgut 628418,
Russia.
*
*
Surgutmebel OOO, a.k.a., the following
four aliases:
—Limited Liability Company
Syrgutmebel;
—LLC Surgutmebel;
—LLC Syrgutmebel; and
—Surgutmebel, LLC.
Vostochnaya Industrial 1 Territory 2,
Poselok Barsovo, Surgutsky District,
Yugra, Khanty-Mansiysky Autonomos
Okrug, Russia.
SINGAPORE ....
*
*
*
SOUTH SUDAN
daltland on DSKBBV9HB2PROD with RULES
Federal Register
citation
*
For all items subject to
the EAR when used in
projects specified in
§ 746.5 of the EAR.
*
*
Presumption of denial ......
*
83 FR 6952, 2/16/18. 83
FR [INSERT FR PAGE
NUMBER AND
3/22/18].
*
For all items subject to
the EAR when used in
projects specified in
§ 746.5 of the EAR.
*
*
Presumption of denial ......
*
83 FR 6952, 2/16/18. 83
FR [INSERT FR PAGE
NUMBER AND
3/22/18].
*
*
Mushko Logistics Pte. Ltd., Unit 04–01,
Lip Hing Industrial Building, 3
Pemimpin Drive, Singapore; and 37
Pemimpin Drive, #06–12 MAPEX,
Singapore; and Unit 04–01/03,
Pandan Logistics Hub, 49 Pandan
Road, Singapore; and 54 Lakeside
Drive, #01–22 Caspian, Singapore.
*
Ascom Sudd Operating Company,
a.k.a., the following one alias:
—ASOC.
South Sudan.
Dar Petroleum Operating Company,
a.k.a., the following one alias:
—DPOC.
Zhongnan Hotel, on UNMISS Road,
South Sudan.
DietsmannNile, Tomping District opposite Arkel Restaurant, two blocks
north of Airport Road, Juba, South
Sudan.
Greater Pioneer Operating Co. Ltd,
a.k.a., the following one alias:
—GPOC.
South Sudan.
Juba Petrotech Technical Services Ltd.
South Sudan.
17:42 Mar 21, 2018
Jkt 244001
PO 00000
*
For all items subject to
the EAR. (See § 744.11
of the EAR).
*
Nile Delta Petroleum Company, Hai
Malakai neighborhood, Juba, South
Sudan.
Nile Drilling and Services Company,
Hai Amarat, Airport Road, West Yat
Building, Third Floor, Juba, South
Sudan.
Nile Petroleum Corporation, a.k.a., the
following one alias:
—Nilepet.
Tomping District opposite Arkel Restaurant, two blocks north of Airport
Road, Juba, South Sudan.
VerDate Sep<11>2014
License review policy
Entity
*
Presumption of denial ......
*
*
*
83 FR [INSERT FR PAGE
NUMBER AND
3/22/18].
*
For all items subject to
the EAR. (See § 744.11
of the EAR.)
Presumption of denial ......
83 FR [INSERT FR PAGE
NUMBER AND
3/22/18].
For all items subject to
the EAR. (See § 744.11
of the EAR.)
Presumption of denial ......
83 FR [INSERT FR PAGE
NUMBER AND
3/22/18].
For all items subject to
the EAR. (See § 744.11
of the EAR.)
Presumption of denial ......
83 FR [INSERT FR PAGE
NUMBER AND
3/22/18].
For all items subject to
the EAR. (See § 744.11
of the EAR.)
Presumption of denial ......
83 FR [INSERT FR PAGE
NUMBER AND
3/22/18].
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 ......
83 FR [INSERT FR PAGE
NUMBER AND
3/22/18].
83 FR [INSERT FR PAGE
NUMBER AND
3/22/18].
83 FR [INSERT FR PAGE
NUMBER AND
3/22/18].
For all items subject to
the EAR. (See § 744.11
of the EAR.)
Presumption of denial ......
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations
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License
requirement
Nyakek and Sons, Jubatown District
near the Ivory Bank, Juba, South
Sudan.
Oranto Petroleum, Referendum Road,
Juba, South Sudan.
Safinat Group.
South Sudan.
SIPET Engineering and Consultancy
Services, a.k.a., the following one
alias:
—SPECS.
Tomping District opposite Arkel Restaurant, two blocks north of Airport
Road, Juba, South Sudan.
South Sudan Ministry of Mining, Nimra
Talata, P.O. Box 376, Juba, South
Sudan.
South Sudan Ministry of Petroleum,
Ministries Road, Opposite the Presidential Palace, P.O. Box 376, Juba,
South Sudan.
Sudd Petroleum Operating Co., a.k.a.,
the following one alias:
—SPOC.
Tharjath, Unity State, South Sudan.
*
*
[FR Doc. 2018–05789 Filed 3–21–18; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 1
[Docket No. FDA–2018–D–0721]
Application of the Foreign Supplier
Verification Program Regulation to the
Importation of Live Animals: Guidance
for Industry; Availability
Food and Drug Administration,
HHS.
ACTION:
Notification of availability.
The Food and Drug
Administration (FDA, Agency, or we) is
announcing the availability of a
guidance for industry entitled
‘‘Application of the Foreign Supplier
Verification Program Regulations to the
Importation of Live Animals: Guidance
for Industry.’’ The purpose of this
document is to state FDA’s intent to
exercise enforcement discretion
regarding application of the regulation
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
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.)
For all items subject to
the EAR. (See § 744.11
of the EAR.)
Presumption of denial ......
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 ......
For all items subject to
the EAR. (See § 744.11
of the EAR.)
Presumption of denial ......
*
Dated: March 16, 2018.
Richard E. Ashooh,
Assistant Secretary for Export
Administration.
AGENCY:
License review policy
Entity
17:42 Mar 21, 2018
Jkt 244001
*
Presumption of denial ......
Presumption of denial ......
Presumption of denial ......
Presumption of denial ......
*
on foreign supplier verification
programs (FSVPs) to importers of
certain live animals. The enforcement
discretion would apply to importers of
live animals that are required to be
slaughtered and processed at U.S.
Department of Agriculture (USDA)
regulated establishments subject to
USDA-administered Hazard Analysis
and Critical Control Point (HACCP)
requirements, or at State-inspected
establishments subject to requirements
equivalent to the Federal standard.
DATES: The announcement of the
guidance is published in the Federal
Register on March 22, 2018.
ADDRESSES: You may submit either
electronic or written comments on
Agency guidances at any time as
follows:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
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]]>Agencies
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Rules and Regulations]
[Pages 12475-12483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05789]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 180227219-8219-01]
RIN 0694-AH51
Addition of Certain Persons to the Entity List and Removal of
Certain Persons From the Entity List; Correction of License
Requirements
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Export Administration Regulations
(EAR) by adding twenty-three persons to the Entity List. These twenty-
three persons have been determined by the U.S. Government to be acting
contrary to the national security or foreign policy interests of the
United States and will be listed on the Entity List under the
destinations of Pakistan, Singapore and South Sudan. This rule also
removes one person under the destination of Ecuador and one person
under the destination of the United Arab Emirates (U.A.E.) from the
Entity List. Both removals are the result of requests for removal
received by BIS pursuant to the section of the EAR used for requesting
removal or modification of an Entity List entry and a review of
information provided in the removal requests. Lastly, this rule
corrects the license requirement for twelve entities that were added
under the destination of Russia as part of a recent BIS rule.
DATES: This rule is effective March 22, 2018.
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: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Entity List (15 CFR, Subchapter C, part 744, Supplement No. 4)
identifies entities 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 Export Administration Regulations (EAR) (15 CFR, Subchapter
C, parts 730-774) 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 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 relevant Federal
Register notice adding entities to the Entity List. BIS places entities
on the Entity List pursuant to 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), 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
makes 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 twenty-three
persons to the Entity List. These twenty-three 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 twenty-three entries
added to the Entity List consist of seven entities located in Pakistan,
one entity in Singapore and fifteen entities in South Sudan.
The ERC reviewed Sec. 744.11(b) (Criteria for revising the Entity
List) in
[[Page 12476]]
making the determination to add these twenty-three persons to the
Entity List. Under that paragraph, persons for whom 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, along with
those acting on behalf of such persons, may be added to the Entity
List. Paragraphs (b)(1) through (b)(5) of Sec. 744.11 provide an
illustrative list of activities that could be contrary to the national
security or foreign policy interests of the United States.
The ERC determined that the fifteen entities being added to the
Entity List under the destination of South Sudan--Ascom Sudd Operating
Company; Dar Petroleum Operating Company; DietsmannNile; Greater
Pioneer Operating Co. Ltd; Juba Petrotech Technical Services Ltd; Nile
Delta Petroleum Company; Nile Drilling and Services Company; Nile
Petroleum Corporation; Nyakek and Sons; Oranto Petroleum; Safinat
Group; SIPET Engineering and Consultancy Services; South Sudan Ministry
of Mining; South Sudan Ministry of Petroleum; and Sudd Petroleum
Operating Co.--are government, parastatal and private entities in South
Sudan that are involved in activities that are contrary to the foreign
policy interests of the United States.
In addition, the ERC determined that Mushko Logistics Pte. Ltd.
(located under the destination of Singapore) and Mushko Electronics
Pvt. Ltd (located under the destination of Pakistan) be added to the
Entity List on the grounds that these two entities procured items for
several Pakistani entities on the Entity List. The ERC has also
determined that Solutions Engineering (located under the destination of
Pakistan) be added to the Entity List based on their involvement in
activities contrary to U.S. national security and foreign policy
interests. Specifically, the ERC determined that this entity has been
involved in the procurement of U.S.-origin items on behalf of nuclear-
related entities in Pakistan that are already listed on the Entity
List.
For the remaining five entities being added to the Entity List
under the destination of Pakistan, the ERC determined that three of the
entities, Akhtar & Munir, Proficient Engineers and Pervaiz Commercial
Trading Co. (PCTC), be added based on their involvement in the
proliferation of unsafeguarded nuclear activities that are contrary to
the national security and/or foreign policy interests of the United
States. The ERC also determined that Marine Systems Pvt. Ltd. be added
to the Entity List for assisting Pakistani entities on the Entity List
in circumventing the restrictions of Sec. 744.11 of the EAR by
obtaining items subject to the EAR on behalf of those listed entities
without the required licenses. Lastly, the ERC determined that
Engineering and Commercial Services (ECS) be added to the Entity based
on its involvement in supplying a Pakistani nuclear-related entity on
the Entity List.
Pursuant to Sec. 744.11(b) of the EAR, the ERC determined that the
conduct of these twenty-three persons raises sufficient concern that
prior review of exports, reexports or transfers (in-country) of all
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 twenty-three 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 identify aliases, thereby
assisting exporters, reexporters and transferors in identifying persons
on the Entity List.
This final rule adds the following twenty-three persons to the
Entity List:
Pakistan
(1) Akhtar & Munir, Hussain Plaza 60-B No. 3, Adamjee Road, Punjab
46000, Pakistan;
(2) Engineering and Commercial Services (ECS), 204, 2nd Floor,
Capital Business Center, F-10 Markaz, Islamabad, Pakistan;
(3) Marine Systems Pvt. Ltd., 2nd Floor, Kashmir Plaza, Blue Area,
G-6/F-6 Islamabad, Pakistan;
(4) Mushko Electronics Pvt. Ltd., Safa House Address, Abdullah
Haroon Road, Karachi Pakistan; and Victoria Chambers, Abdullah Haroon
Road, Saddar Town, Karachi Pakistan; and Office No. 3&8, First Floor,
Center Point Plaza, Main Boulevad, Gullberg-III, Lahore, Pakistan; and
26-D Kashmir Plaza East, Jinnah Avenue, Blue Area, Islamabad, Pakistan;
and 68-W, Sama Plaza, Blue Area Sector G-7, Islamabad, Pakistan;
(5) Pervaiz Commercial Trading Co. (PCTC), PCTC House, 36-B Model
Town, Lahore, Pakistan;
(6) Proficient Engineers, Tariq Block, 437 New Garen Town, Lahore,
Pakistan; and
(7) Solutions Engineering Pvt. Ltd., a.k.a., the following two
aliases:
--Solutronix Engineering Pvt. Ltd. and
--Solutronix Pvt. Ltd.
95A Solutions Tower, DHA Phase 8 Commercial Broadway, Lahore, Pakistan;
and 54-B PAF Colony, Zarar Shaheed, Lahore, Pakistan; and Ground Floor,
Almas Tower, Begum Salma Tassadaq Road, Near E Plomer, Lahore,
Pakistan; and Suite 1&4, Hafeez Chamber 85 The Mall Lahore, Pakistan;
and Gohawa Dak Dhana Bhatta Kohaar, Lahore, Pakistan; and Sehajpal
Village, near New Airport Road, Lahore, Pakistan; and, Office #201, 2nd
Floor, Capital Business Center, F-10 Markaz, Islamabad, Pakistan; and
156 The Mall, Rawalpindi, Pakistan.
Singapore
(1) Mushko Logistics Pte. Ltd., Unit 04-01, Lip Hing Industrial
Building, 3 Pemimpin Drive, Singapore; and 37 Pemimpin Drive, #06-12
MAPEX, Singapore; and Unit 04-01/03, Pandan Logistics Hub, 49 Pandan
Road, Singapore; and 54 Lakeside Drive, #01-22 Caspian, Singapore.
South Sudan
(1) Ascom Sudd Operating Company, a.k.a., the following one alias:
--ASOC.
South Sudan;
(2) Dar Petroleum Operating Company, a.k.a., the following one
alias:
--DPOC.
Zhongnan Hotel, on UNMISS Road, South Sudan;
(3) DietsmannNile, Tomping District opposite Arkel Restaurant, two
blocks north of Airport Road, Juba, South Sudan;
(4) Greater Pioneer Operating Co. Ltd, a.k.a., the following one
alias:
--GPOC.
South Sudan;
(5) Juba Petrotech Technical Services Ltd, South Sudan;
(6) Nile Delta Petroleum Company, Hai Malakai neighborhood, Juba,
South Sudan;
(7) Nile Drilling and Services Company, Hai Amarat, Airport Road,
West Yat Building, Third Floor, Juba, South Sudan;
[[Page 12477]]
(8) Nile Petroleum Corporation, a.k.a., the following one alias:
--Nilepet.
Tomping District opposite Arkel Restaurant, two blocks north of Airport
Road, Juba, South Sudan;
(9) Nyakek and Sons, Jubatown District near the Ivory Bank, Juba,
South Sudan;
(10) Oranto Petroleum, Referendum Road, Juba, South Sudan;
(11) Safinat Group, South Sudan;
(12) SIPET Engineering and Consultancy Services, a.k.a., the
following one alias:
--SPECS.
Tomping District opposite Arkel Restaurant, two blocks north of Airport
Road, Juba, South Sudan;
(13) South Sudan Ministry of Mining, Nimra Talata, P.O. Box 376,
Juba, South Sudan;
(14) South Sudan Ministry of Petroleum, Ministries Road, Opposite
the Presidential Palace, P.O. Box 376, Juba, South Sudan; and
(15) Sudd Petroleum Operating Co., a.k.a., the following one alias:
--SPOC.
Tharjath, Unity State, South Sudan.
Removal From the Entity List
This rule implements a decision of the ERC to remove the following
two entries from the Entity List on the basis of removal requests
received by BIS, as follows: Corporacion Nacional de
Telecommunicaciones (CNT), located in Ecuador, and Talaat Mehmood,
located in the U.A.E. The entry for CNT was added to the Entity List on
June 4, 2015 (see 80 FR 31836). The entry for Talaat Mehmood was added
to the Entity List on May 26, 2017 (see 82 FR 24245). The ERC decided
to remove these two entries based on information received by BIS
pursuant to Sec. 744.16 of the EAR and review conducted by the ERC.
This final rule implements the decision to remove the following one
entity located in Ecuador and one entity located in the U.A.E. from the
Entity List:
Ecuador
(1) Corporacion Nacional de Telecommunicaciones (CNT), Avenida
Gaspar de Villaroel, Quito Ecuador; and Avda. Veintimilla, Suite 1149 y
Amazonas, Edificio Estudio Z, Quito, Ecuador.
United Arab Emirates
(1) Talaat Mehmood, Q-4 136 Warehouse, Sharjah Airport
International Free (SAIF) Zone, Sharjah, UAE; and Q1-08-051/B, Sharjah
Airport International Free (SAIF) Zone, Sharjah, UAE; and P.O. Box
121826, Sharjah Airport International Free (SAIF) Zone, Sharjah, UAE.
Correction of License Requirements
On February 16, 2018, BIS published a final rule, Russian
Sanctions: Addition of Certain Entities to the Entity List (83 FR 6949)
(the February 16 rule), which added twenty-one entities to the Entity
List under the destinations of Georgia, Poland, and Russia. Of the
twenty-one entities added in the February 16 rule, twelve were added
based on activities described in Executive Order 13662 (79 FR 16169),
Blocking Property of Additional Persons Contributing to the Situation
in Ukraine, issued on March 20, 2014. The preamble of the February 16
rule described the imposition of a license requirement for twelve
Russian entities: Kaliningradnefteprodukt OOO; Kinef OOO;
Kirishiavtoservis OOO; Lengiproneftekhim OOO; Media-Invest OOO;
Novgorodnefteprodukt OOO; Pskovnefteprodukt OOO; SNGB AO; SO
Tvernefteprodukt OOO; Sovkhoz Chervishevski PAO; Strakhovove
Obshchestvo Surgutneftegaz OOO; and Surgutmebel OOO, for activities
described in Sec. 746.5 of the EAR. Specifically, the preamble stated
that a license is required for exports, reexports, or transfers (in-
country) of all items subject to the EAR, when the exporter, reexporter
or transferor knows that the item will be used directly or indirectly
in exploratinon for, or production of, oil or gas in Russian deepwater
(greater than 500 feet) or Arctic offshore locations or shale
formations in Russia, or is unable to determine whether the item will
be used in such projects. However, the February 16 rule's amendments to
the EAR adding these twelve entities incorrectly specified in the entry
for each entity a license requirement that read as follows: ``For all
items subject to the EAR. (See Sec. 744.11 of the EAR).'' This final
rule corrects the license requirement column in the entry for each of
the twelve entities to clarify that the Entity List's license
requirements apply to all items subject to the EAR when used in
projects specified in Sec. 746.5 of the EAR, as stated in the February
16 rule's preamble. The full name of each entity, along with any
aliases, and accompanying addresses, is as follows:
(1) Kaliningradnefteprodukt OOO, a.k.a., the following three
aliases:
--Kaliningradnefteprodukt LLC;
--Limited Liability Company Kaliningradnefteproduct; and
--LLC Kaliningradnefteproduct.
22-b Komsomolskaya Ulitsa, Central District, Kaliningrad, Russia;
(2) Kinef OOO, a.k.a., the following three aliases:
--Kinef, LLC;
--Limited Liability Company Production Association
Kirishinefteorgsintez; and
--LLC Kinef.
d. 1 Shosse Entuziastov, Kirishi, Leningradskaya Oblast 187110, Russia;
(3) Kirishiavtoservis OOO, a.k.a., the following two aliases:
--Limited Liability Company Kirishiavtoservis; and
--LLC Kirishiavtoservis.
lit A, 12 Smolenskaya Ulitsa, St. Petersburg 196084;
(4) Lengiproneftekhim OOO, a.k.a., the following three aliases:
--Institut Po Proektirovaniyu Predpriyaty Neftepererabatyvayuschey I
Neftekhimicheskoy Promyshlennosti, Limited Liability Company;
--Limited Liability Company Oil Refining and Petrochemical Facilities
Design Institute; and
--LLC Lengiproneftekhim.
d. 94, Obvodnogo Kanala, nab, St. Petersburg 196084, Russia;
(5) Media-Invest OOO, a.k.a., the following two aliases:
--Limited Liability Company Media-Invest; and
--LLC Media-Invest.
17 Bld 1 Zubovsky Blvd., Moscow 119847, Russia;
(6) Novgorodnefteprodukt OOO, a.k.a., the following three aliases:
--Limited Liability Company Novgorodnefteproduct;
--LLC Novgorodnefteproduct; and
--Novgorodnefteprodukt LLC.
d. 20 Germana Ulitsa, Veliky Novgorod, Novgorodskaya Oblast 173002,
Russia;
(7) Pskovnefteprodukt OOO, a.k.a., the following two aliases:
--Limited Liability Company Marketing Association Pskovnefteproduct;
and
--LLC Pskovnefteproduct.
4 Oktyabrsky Prospekt, Pskov 180000, Russia;
(8) SNGB AO, a.k.a., the following three aliases:
--Closed Joint Stock Company Surgutneftegasbank (ZAO SNGB);
--Joint Stock Company Surgutneftegasbank; and
--JSC BANK SNGB.
19 Kukuyvitskogo Street, Surgut 628400, Russia;
(9) SO Tvernefteprodukt OOO, a.k.a., the following two aliases:
--Limited Liability Company Marketing Association Tvernefteproduct; and
--LLC MA Tvernefteproduct.
6 Novotorzhskaya Ulitsa, Tver, Russia;
[[Page 12478]]
(10) Sovkhoz Chervishevski PAO, a.k.a., the following three
aliases:
--OJSC Sovkhoz Chervishevsky;
--Open Joint Stock Company Sovkhoz Chervishevsky; and
--Sovkhoz Chervishevsky, JSC.
d. 81 Sovetskaya Ulitsa, S. Chervichevsky, Tyumensky Rayon, Tyumensky
Oblast 625519, Russia;
(11) Strakhovove Obshchestvo Surgutneftegaz OOO, a.k.a., the
following three aliases:
--Insurance Company Surgutneftegas, LLC;
--Limited Liability Company Insurance Company Surgutneftegas; and
--LLC Insurance Company Surgutneftegas.
9/1 Lermontova Ulitsa, Surgut 628418, Russia;
(12) Surgutmebel OOO, a.k.a., the following four aliases:
--Limited Liability Company Syrgutmebel;
--LLC Surgutmebel;
--LLC Syrgutmebel; and
--Surgutmebel, LLC.
Vostochnaya Industrial 1 Territory 2, Poselok Barsovo, Surgutsky
District, Yugra, Khanty-Mansiysky Autonomos Okrug, Russia.
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 March 22, 2018, 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 of 1979
Although the Export Administration Act of 1979 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 15, 2017, 82 FR 39005 (Aug. 16, 2017), has
continued the EAR in effect under the International Emergency Economic
Powers Act (15 U.S.C. 1701 et seq.). BIS continues to carry out the
provisions of the Export Administration Act of 1979, 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
[email protected], 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 twenty-three persons added to the Entity List in this
final rule, the provisions of the Administrative Procedure Act (5
U.S.C. 553) requiring notice of proposed rulemaking, the opportunity
for public participation and a 30-day delay in effective date are
inapplicable, because this regulation involves a military or foreign
affairs function of the United States (5 U.S.C. 553(a)(1)). BIS
implementation of this rule is necessary to protect U.S. national
security or foreign policy interests by preventing items subject to the
EAR 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 persons
being added to the Entity List by this action would continue to be able
to receive items subject to the EAR without a license and to conduct
activities contrary to the national security or foreign policy
interests of the United States. In addition, publishing a proposed rule
would give these persons notice of the U.S. Government's intention to
place them on the Entity List, which could create an incentive for them
to 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, including taking steps to set up
additional aliases, change addresses, and engaging in other measures to
try to limit the impact of the listing on the Entity List once a final
rule is published.
5. For the two entities removed from the Entity List in this final
rule, pursuant to the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), BIS finds good cause to waive requirements that this rule
be subject to notice and the opportunity for public comment because it
would be contrary to the public interest. In determining whether to
grant a request for removal 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 entities requesting
removal from the Entity List, the nature and terms of which are set
forth in 15 CFR part 744, supplement No. 5, as noted in 15 CFR
744.16(b). The information, commitments, and criteria for this
extensive review were all established through the notice of proposed
rulemaking and public comment process (72 FR 31005 (June 5, 2007)
(proposed rule), and 73 FR 49311 (August 21, 2008) (final rule)). These
two removals have been made within the established regulatory framework
of the Entity List. If the rule were to be delayed to allow for public
comment, U.S. exporters may face unnecessary economic losses as they
turn away potential sales to the entities 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 applicants whose removal has been approved by the ERC to
receive U.S. exports
[[Page 12479]]
immediately, subject to any other potential license requirements that
may apply under provisions of the EAR other than the Entity List).
Removals from the Entity List involve interagency deliberation and
result from review of public and non-public sources, including, where
applicable, sensitive law enforcement information and classified
information, and the measurement of such information against the Entity
List removal criteria. This information is extensively reviewed
according to the criteria for evaluating removal requests from the
Entity List, as set out in 15 CFR part 744, supplement No. 5, and 15
CFR 744.16(b). For reasons of national security, BIS is not at liberty
to provide to the public detailed information on which the ERC relied
to make the decisions to remove these 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 of 1979), 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 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 entities from the Entity List removes requirements (the Entity-
List-based license requirement and limitation on use of license
exceptions) on those two entities. The rule does not impose a
requirement on any other person for these removals from the Entity
List. Further, no other law requires that a notice of proposed
rulemaking and an opportunity for public comment be given for this
final rule.
6. The Department finds that there is good cause under 5 U.S.C.
553(b)(3)(B) to waive the provisions of the APA regarding notice of
proposed rulemaking, the opportunity for public comment, and a 30-day
delay in effective date for corrections made to twelve entries on the
Entity List as part of this rule. This rule merely corrects an error
resulting from a February 16, 2018 rule regarding the licensing
requirement under the EAR that is applicable to items destined for or
otherwise involving twelve entities that were added to the Entity List
by the rule. The February 16, 2018 rule was a final rule with immediate
effectiveness. It would be contrary to the public interest to delay
publication of a correction and thereby exacerbate confusion on the
part of the public as to the correct licensing requirement for
shipments to or involving these twelve entities.
7. 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 730-774) 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 August 15, 2017, 82 FR 39005
(August 16, 2017); Notice of September 18, 2017, 82 FR 43825
(September 19, 2017); Notice of November 6, 2017, 82 FR 51971
(November 8, 2017); Notice of January 17, 2018, 83 FR 2731 (January
18, 2018).
0
2. Supplement No. 4 to part 744 is amended:
0
a. By removing the heading ``Ecuador'' and one Ecuadorian entity,
``Corporacion Nacional de Telecommunicaciones (CNT), Avenida Gaspar de
Villaroel, Quito Ecuador; and Avda. Veintimilla, Suite 1149 y Amazonas,
Edificio Estudio Z, Quito, Ecuador.'';
0
b. By adding, under Pakistan, in alphabetical order, seven Pakistani
entities;
0
c. By revising, under Russia, twelve Russian entities;
0
d. By adding, under Singapore, in alphabetical order, one Singaporean
entity;
0
e. By adding, in alphabetical order, a heading for South Sudan and
fifteen South Sudanese entities;
0
f. By removing, under United Arab Emirates, one Emirati entity,
``Talaat Mehmood, Q-4 136 Warehouse, Sharjah Airport International Free
(SAIF) Zone, Sharjah, UAE; and Q1-08-051/B, Sharjah Airport
International Free (SAIF) Zone, Sharjah, UAE; and P.O. Box 121826,
Sharjah Airport International Free (SAIF) Zone, Sharjah, UAE.''
The additions and revisions read as follows:
Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
License review Federal Register
Country Entity License requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
PAKISTAN............... * * * * * *
----------------------------------------------------------------------------------------
Akhtar & Munir, Hussain For all items Presumption of 83 FR [INSERT FR
Plaza 60-B No. 3, Adamjee subject to the denial. PAGE NUMBER AND
Road, Punjab 46000, EAR. (See Sec. 3/22/18].
Pakistan; 744.11 of the
EAR).
* * * * * *
Engineering and Commercial For all items Presumption of 83 FR [INSERT FR
Services (ECS), 204, 2nd subject to the denial. PAGE NUMBER AND
Floor, Capital Business EAR. (See Sec. 3/22/18].
Center, F-10 Markaz, 744.11 of the
Islamabad, Pakistan. EAR).
* * * * * *
[[Page 12480]]
Marine Systems Pvt. Ltd., For all items Presumption of 83 FR [INSERT FR
2nd Floor, Kashmir Plaza, subject to the denial. PAGE NUMBER AND
Blue Area, G-6/F-6 EAR. (See Sec. 3/22/18].
Islamabad, Pakistan. 744.11 of the
EAR).
* * * * * *
Mushko Electronics Pvt. For all items Presumption of 83 FR [INSERT FR
Ltd., Safa House Address, subject to the denial. PAGE NUMBER AND
Abdullah Haroon Road, EAR. (See Sec. 3/22/18].
Karachi Pakistan; and 744.11 of the
Victoria Chambers, Abdullah EAR).
Haroon Road, Saddar Town,
Karachi Pakistan; and
Office No. 3&8, First
Floor, Center Point Plaza,
Main Boulevad, Gullberg-
III, Lahore, Pakistan; 26-D
Kashmir Plaza East, Jinnah
Avenue, Blue Area,
Islamabad, Pakistan; and 68-
W, Sama Plaza, Blue Area
Sector G-7, Islamabad,
Pakistan.
* * * * * *
Pervaiz Commercial Trading For all items Presumption of 83 FR [INSERT FR
Co. (PCTC), PCTC House, 36- subject to the denial. PAGE NUMBER AND
B Model Town, Lahore, EAR. (See Sec. 3/22/18].
Pakistan. 744.11 of the
EAR).
* * * * * *
Proficient Engineers, Tariq For all items Presumption of 83 FR [INSERT FR
Block, 437 New Garen Town, subject to the denial. PAGE NUMBER AND
Lahore, Pakistan. EAR. (See Sec. 3/22/18].
744.11 of the
EAR).
* * * * * *
Solutions Engineering Pvt. For all items Presumption of 83 FR [INSERT FR
Ltd., a.k.a., the following subject to the denial. PAGE NUMBER AND
two aliases: EAR. (See Sec. 3/22/18].
--Solutronix Engineering 744.11 of the
Pvt. Ltd. and EAR).
--Solutronix Pvt. Ltd.
95A Solutions Tower, DHA
Phase 8 Commercial
Broadway, Lahore, Pakistan;
and 54-B PAF Colony, Zarar
Shaheed, Lahore, Pakistan;
and Ground Floor, Almas
Tower, Begum Salma Tassadaq
Road, Near E Plomer,
Lahore, Pakistan; and Suite
1&4, Hafeez Chamber 85 The
Mall Lahore, Pakistan; and
Gohawa Dak Dhana Bhatta
Kohaar, Lahore, Pakistan;
and Sehajpal Village, near
New Airport Road, Lahore,
Pakistan; and, Office #201,
2nd Floor, Capital Business
Center, F-10 Markaz,
Islamabad, Pakistan; and
156 The Mall, Rawalpindi,
Pakistan.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
RUSSIA................. * * * * * *
----------------------------------------------------------------------------------------
Kaliningradnefteprodukt OOO, For all items Presumption of 83 FR 6952, 2/16/
a.k.a., the following three subject to the EAR denial. 18. 83 FR
aliases: when used in [INSERT FR PAGE
--Kaliningradnefteprodukt projects specified NUMBER AND
LLC; in Sec. 746.5 of 3/22/18].
--Limited Liability Company the EAR.
Kaliningradnefteproduct;
and
--LLC
Kaliningradnefteproduct.
22-b Komsomolskaya Ulitsa,
Central District,
Kaliningrad, Russia.
* * * * * *
Kinef OOO, a.k.a., the For all items Presumption of 83 FR 6952, 2/16/
following three aliases: subject to the EAR denial. 18. 83 FR
--Kinef, LLC; when used in [INSERT FR PAGE
--Limited Liability Company projects specified NUMBER AND
Production Association in Sec. 746.5 of 3/22/18].
Kirishinefteorgsintez; and the EAR.
--LLC Kinef.
d. 1 Shosse Entuziastov,
Kirishi, Leningradskaya
Oblast 187110, Russia.
* * * * * *
[[Page 12481]]
Kirishiavtoservis OOO, For all items Presumption of 83 FR 6952, 2/16/
a.k.a., the following two subject to the EAR denial. 18. 83 FR
aliases: when used in [INSERT FR PAGE
--Limited Liability Company projects specified NUMBER AND
Kirishiavtoservis; and in Sec. 746.5 of 3/22/18].
--LLC Kirishiavtoservis. the EAR.
lit A, 12 Smolenskaya
Ulitsa, St. Petersburg
196084.
* * * * * *
Lengiproneftekhim OOO, For all items Presumption of 83 FR 6952, 2/16/
a.k.a., the following three subject to the EAR denial. 18. 83 FR
aliases: when used in [INSERT FR PAGE
--Institut Po projects specified NUMBER AND
Proektirovaniyu Predpriyaty in Sec. 746.5 of 3/22/18].
Neftepererabatyvayuschey I the EAR.
Neftekhimicheskoy
Promyshlennosti, Limited
Liability Company;
--Limited Liability Company
Oil Refining and
Petrochemical Facilities
Design Institute; and
--LLC Lengiproneftekhim.
d. 94, Obvodnogo Kanala,
nab, St. Petersburg 196084,
Russia.
* * * * * *
Media-Invest OOO, a.k.a., For all items Presumption of 83 FR 6952, 2/16/
the following two aliases: subject to the EAR denial. 18. 83 FR
--Limited Liability Company when used in [INSERT FR PAGE
Media-Invest; and projects specified NUMBER AND
--LLC Media-Invest. in Sec. 746.5 of 3/22/18].
the EAR.
17 Bld 1 Zubovsky Blvd,
Moscow 119847, Russia.
* * * * * *
Novgorodnefteprodukt OOO, For all items Presumption of 83 FR 6952, 2/16/
a.k.a., the following three subject to the EAR denial. 18. 83 FR
aliases: when used in [INSERT FR PAGE
--Limited Liability Company projects specified NUMBER AND
Novgorodnefteproduct; in Sec. 746.5 of 3/22/18].
--LLC Novgorodnefteproduct; the EAR.
and
--Novgorodnefteprodukt LLC.
d. 20 Germana Ulitsa, Veliky
Novgorod, Novgorodskaya
Oblast 173002, Russia.
* * * * * *
Pskovnefteprodukt OOO, For all items Presumption of 83 FR 6952, 2/16/
a.k.a., the following two subject to the EAR denial. 18. 83 FR
aliases: when used in [INSERT FR PAGE
--Limited Liability Company projects specified NUMBER AND
Marketing Association in Sec. 746.5 of 3/22/18].
Pskovnefteproduct; and the EAR.
--LLC Pskovnefteproduct.
4 Oktyabrsky Prospekt, Pskov
180000, Russia.
* * * * * *
SNGB AO, a.k.a., the For all items Presumption of 83 FR 6952, 2/16/
following three aliases: subject to the EAR denial. 18. 83 FR
--Closed Joint Stock Company when used in [INSERT FR PAGE
Surgutneftegasbank (ZAO projects specified NUMBER AND
SNGB); in Sec. 746.5 of 3/22/18].
--Joint Stock Company the EAR.
Surgutneftegasbank; and
--JSC BANK SNGB.
19 Kukuyvitskogo Street,
Surgut 628400, Russia.
SO Tvernefteprodukt OOO, For all items Presumption of 83 FR 6952, 2/16/
a.k.a., the following two subject to the EAR denial. 18. 83 FR
aliases: when used in [INSERT FR PAGE
--Limited Liability Company projects specified NUMBER AND
Marketing Association in Sec. 746.5 of 3/22/18].
Tvernefteproduct; and the EAR.
--LLC MA Tvernefteproduct.
6 Novotorzhskaya Ulitsa,
Tver, Russia.
* * * * * *
Sovkhoz Chervishevski PAO, For all items Presumption of 83 FR 6952, 2/16/
a.k.a., the following three subject to the EAR denial. 18. 83 FR
aliases: when used in [INSERT FR PAGE
--OJSC Sovkhoz projects specified NUMBER AND
Chervishevsky; in Sec. 746.5 of 3/22/18].
--Open Joint Stock Company the EAR.
Sovkhoz Chervishevsky; and
--Sovkhoz Chervishevsky,
JSC.
d. 81 Sovetskaya Ulitsa, S.
Chervichevsky, Tyumensky
Rayon, Tyumensky Oblast
625519, Russia.
[[Page 12482]]
* * * * * *
Strakhovove Obshchestvo For all items Presumption of 83 FR 6952, 2/16/
Surgutneftegaz OOO, a.k.a., subject to the EAR denial. 18. 83 FR
the following three when used in [INSERT FR PAGE
aliases: projects specified NUMBER AND
--Insurance Company in Sec. 746.5 of 3/22/18].
Surgutneftegas, LLC; the EAR.
--Limited Liability Company
Insurance Company
Surgutneftegas; and
--LLC Insurance Company
Surgutneftegas.
9/1 Lermontova Ulitsa,
Surgut 628418, Russia.
* * * * * *
Surgutmebel OOO, a.k.a., the For all items Presumption of 83 FR 6952, 2/16/
following four aliases: subject to the EAR denial. 18. 83 FR
--Limited Liability Company when used in [INSERT FR PAGE
Syrgutmebel; projects specified NUMBER AND
--LLC Surgutmebel; in Sec. 746.5 of 3/22/18].
the EAR.
--LLC Syrgutmebel; and
--Surgutmebel, LLC.
Vostochnaya Industrial 1
Territory 2, Poselok
Barsovo, Surgutsky
District, Yugra, Khanty-
Mansiysky Autonomos Okrug,
Russia.
----------------------------------------------------------------------------------------------------------------
SINGAPORE.............. * * * * * *
----------------------------------------------------------------------------------------
Mushko Logistics Pte. Ltd., For all items Presumption of 83 FR [INSERT FR
Unit 04-01, Lip Hing subject to the denial. PAGE NUMBER AND
Industrial Building, 3 EAR. (See Sec. 3/22/18].
Pemimpin Drive, Singapore; 744.11 of the
and 37 Pemimpin Drive, #06- EAR).
12 MAPEX, Singapore; and
Unit 04-01/03, Pandan
Logistics Hub, 49 Pandan
Road, Singapore; and 54
Lakeside Drive, #01-22
Caspian, Singapore.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
SOUTH SUDAN............ Ascom Sudd Operating For all items Presumption of 83 FR [INSERT FR
Company, a.k.a., the subject to the denial. PAGE NUMBER AND
following one alias: EAR. (See Sec. 3/22/18].
--ASOC. 744.11 of the
South Sudan. EAR.)
Dar Petroleum Operating For all items Presumption of 83 FR [INSERT FR
Company, a.k.a., the subject to the denial. PAGE NUMBER AND
following one alias: EAR. (See Sec. 3/22/18].
--DPOC. 744.11 of the
EAR.)
Zhongnan Hotel, on UNMISS
Road, South Sudan.
DietsmannNile, Tomping For all items Presumption of 83 FR [INSERT FR
District opposite Arkel subject to the denial. PAGE NUMBER AND
Restaurant, two blocks EAR. (See Sec. 3/22/18].
north of Airport Road, 744.11 of the
Juba, South Sudan. EAR.)
Greater Pioneer Operating For all items Presumption of 83 FR [INSERT FR
Co. Ltd, a.k.a., the subject to the denial. PAGE NUMBER AND
following one alias: EAR. (See Sec. 3/22/18].
--GPOC. 744.11 of the
EAR.)
South Sudan.
Juba Petrotech Technical For all items Presumption of 83 FR [INSERT FR
Services Ltd. subject to the denial. PAGE NUMBER AND
South Sudan. EAR. (See Sec. 3/22/18].
744.11 of the
EAR.)
Nile Delta Petroleum For all items Presumption of 83 FR [INSERT FR
Company, Hai Malakai subject to the denial. PAGE NUMBER AND
neighborhood, Juba, South EAR. (See Sec. 3/22/18].
Sudan. 744.11 of the
EAR.)
Nile Drilling and Services For all items Presumption of 83 FR [INSERT FR
Company, Hai Amarat, subject to the denial. PAGE NUMBER AND
Airport Road, West Yat EAR. (See Sec. 3/22/18].
Building, Third Floor, 744.11 of the
Juba, South Sudan. EAR.)
Nile Petroleum Corporation, For all items Presumption of 83 FR [INSERT FR
a.k.a., the following one subject to the denial. PAGE NUMBER AND
alias: EAR. (See Sec. 3/22/18].
--Nilepet. 744.11 of the
EAR.)
Tomping District opposite
Arkel Restaurant, two
blocks north of Airport
Road, Juba, South Sudan.
[[Page 12483]]
Nyakek and Sons, Jubatown For all items Presumption of 83 FR [INSERT FR
District near the Ivory subject to the denial. PAGE NUMBER AND
Bank, Juba, South Sudan. EAR. (See Sec. 3/22/18].
744.11 of the
EAR.)
Oranto Petroleum, Referendum For all items Presumption of 83 FR [INSERT FR
Road, Juba, South Sudan. subject to the denial. PAGE NUMBER AND
EAR. (See Sec. 3/22/18].
744.11 of the
EAR.)
Safinat Group. For all items Presumption of 83 FR [INSERT FR
South Sudan. subject to the denial. PAGE NUMBER AND
EAR. (See Sec. 3/22/18].
744.11 of the
EAR.)
SIPET Engineering and For all items Presumption of 83 FR [INSERT FR
Consultancy Services, subject to the denial. PAGE NUMBER AND
a.k.a., the following one EAR. (See Sec. 3/22/18].
alias: 744.11 of the
--SPECS. EAR.)
Tomping District opposite
Arkel Restaurant, two
blocks north of Airport
Road, Juba, South Sudan.
South Sudan Ministry of For all items Presumption of 83 FR [INSERT FR
Mining, Nimra Talata, P.O. subject to the denial. PAGE NUMBER AND
Box 376, Juba, South Sudan. EAR. (See Sec. 3/22/18].
744.11 of the
EAR.)
South Sudan Ministry of For all items Presumption of 83 FR [INSERT FR
Petroleum, Ministries Road, subject to the denial. PAGE NUMBER AND
Opposite the Presidential EAR. (See Sec. 3/22/18].
Palace, P.O. Box 376, Juba, 744.11 of the
South Sudan. EAR.)
Sudd Petroleum Operating For all items Presumption of 83 FR [INSERT FR
Co., a.k.a., the following subject to the denial. PAGE NUMBER AND
one alias: EAR. (See Sec. 3/22/18].
--SPOC. 744.11 of the
EAR.)
Tharjath, Unity State, South
Sudan.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: March 16, 2018.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2018-05789 Filed 3-21-18; 8:45 am]
BILLING CODE 3510-33-P
