Addition of Certain Entities to the Entity List; Correction of Existing Entry on the Entity List, 35389-35391 [2021-14367]
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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations
of AD 2002–08–16), whichever occurs first,
remove the tie bar from service.
(ii) Thereafter following paragraph (g)(2)(i)
of this AD, remove any tie bar P/N 341A31–
4933–00 and –01 from service as follows:
(A) For a tie bar manufactured before 1995,
remove the tie bar from service before
accumulating 300 total hours TIS or 1 year
since initial installation on any helicopter,
whichever occurs first, and
(B) For a tie bar manufactured in 1995 or
later, remove the tie bar from service before
accumulating 600 total hours TIS or 2 years
since initial installation on any helicopter,
whichever occurs first.
(3) For tie bar P/N 704A33–633–270:
(i) Before further flight after the effective
date of this AD, determine the date of initial
installation on any helicopter, or if the date
of initial installation cannot be determined,
use the date of manufacture.
(ii) If the tie bar has accumulated 600 or
more total hours TIS or 2 or more years since
initial installation on any helicopter,
whichever occurs first, before further flight,
remove the tie bar from service.
(iii) If the tie bar has accumulated less than
600 total hours TIS or 2 years since initial
installation on any helicopter, whichever
occurs first, remove the tie bar from service
before accumulating 600 total hours TIS or 2
years since initial installation on any
helicopter, whichever occurs first.
(iv) Thereafter following paragraph
(g)(3)(ii) or (iii) of this AD, remove any tie bar
P/N 704A33–633–270 from service before
accumulating 600 total hours TIS or 2 years
since initial installation on any helicopter,
whichever occurs first.
(4) As of the effective date of this AD, do
not install tie bar P/N 341A31–4904–00, –01,
–02, or –03; or 360A31–1097–02 or –03, on
any helicopter.
(h) Special Flight Permits
Special flight permits are prohibited.
jbell on DSKJLSW7X2PROD with RULES
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (j)(1) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(j) Related Information
(1) For more information about this AD,
contact Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L’Enfant
Plaza N SW, Washington, DC 20024;
telephone (202) 267–9167; email hal.jensen@
faa.gov.
VerDate Sep<11>2014
16:11 Jul 02, 2021
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(2) The subject of this AD is addressed in
Generale De L’Aviation Civile (France) AD
2001–588–047(A) R1, dated December 26,
2001, and AD 2001–587–041(A) R2, dated
January 8, 2003. You may view those ADs at
https://www.regulations.gov in Docket No.
FAA–2006–24733.
Issued on June 28, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–14258 Filed 7–2–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 210629–0139]
RIN 0694–AI52
Addition of Certain Entities to the
Entity List; Correction of Existing
Entry on the Entity List
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
This final rule amends the
Export Administration Regulations
(EAR) by adding four entities to the
Entity List. These four entities have
been determined by the U.S.
Government to be acting contrary to the
foreign policy and national security
interests of the United States and will be
listed on the Entity List under the
destination of Burma. This rule also
amends the EAR by correcting the
address of one entity, listed under
Burma, on the Entity List.
DATES: This rule is effective July 6,
2021.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Chair, End-User Review Committee,
Office of the Assistant Secretary for
Export Administration, Bureau of
Industry and Security, Department of
Commerce, Phone: (202) 482–5991,
Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Entity List
The Entity List (supplement no. 4 to
part 744 of the EAR) identifies entities
for which there is reasonable cause to
believe, based on specific and
articulable facts, that the entities have
been involved, are involved, or pose a
significant risk of being or becoming
involved in activities contrary to the
national security or foreign policy
interests of the United States. The EAR
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35389
(15 CFR parts 730–774) impose
additional license requirements on, and
limit the availability of most license
exceptions for, exports, reexports, and
transfers (in-country) to listed entities.
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 document
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.
Burma
This rule is part of an ongoing effort
by the United States Government to
impose restrictions on Burmese entities
that support the Burmese military as
part of a broader response to the
February 1, 2021 coup by the military,
which overthrew Burma’s
democratically-elected government. On
February 10, 2021, President Biden
signed Executive Order (E.O.) 14014,
‘‘Blocking Property With Respect to the
Situation in Burma’’ (E.O. 14104), in
which he declared a national emergency
to address the threat posed to the United
States by the situation in, and in
relation to, Burma following the coup.
See 86 FR 9429 (Feb. 12, 2021).
Since February 2021, BIS has taken
several actions under the EAR to
strengthen export controls on Burma.
These include the publication of
‘‘Burma: Implementation of Sanctions’’
(86 FR 10011) on February 18, 2021;
‘‘Burma: Implementation of Sanctions’’
(86 FR 13173) on March 8, 2021;
‘‘Addition of Entities to the Entity List’’
(86 FR 13179) on March 8, 2021; and
‘‘Expansion of Certain End-Use and
End-User Controls and Controls on
Specific Activities of U.S. Persons;
Corrections; and Burma Sanctions’’ (86
FR 18433) on April 9, 2021.
ERC Entity List Decisions
Additions to the Entity List
This rule implements the decision of
the ERC to add four entities to the Entity
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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations
List. The four entities are added based
on § 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 four entities are located in
Burma.
By making these Entity List additions,
this final rule further strengthens export
controls on Burma and addresses the
foreign policy and national security
concerns that formed the basis for the
issuance of E.O. 14104. This rule also
supports the United States
Government’s efforts to promote an
immediate return to democracy in
Burma. Specifically, BIS is adding the
following four entities to the Entity List
under the destination of Burma: Wanbao
Mining, Ltd. and its two subsidiaries,
Myanmar Wanbao Mining Copper, Ltd.
and Myanmar Yang Tse Copper, Ltd.;
and King Royal Technologies Co., Ltd.
In particular, by adding Wanbao
Mining, Ltd., Myanmar Wanbao Mining
Copper, Ltd., and Myanmar Yang Tse
Copper, Ltd. to the Entity List, this rule
enhances the U.S. Government’s efforts
to ensure that items subject to the EAR
are not available for copper mining
operations by these three entities, which
have revenue-sharing agreements with
Myanmar Economic Holdings Limited
(MEHL). MEHL provides revenue for
Burma’s Ministry of Defence, an entity
responsible for the February 1, 2021
military coup. On March 8, 2021, BIS
added MEHL and the Ministry of
Defence to the Entity List. See 86 FR
13179 (March 8, 2021). Additionally,
BIS is adding King Royal Technologies
Co., Ltd., a telecommunications
company, to the Entity List for
providing satellite communication
services in support of the Burmese
military.
Pursuant to § 744.11(b) of the EAR,
the ERC determined that the conduct of
the above-described four entities raises
sufficient concerns that prior review, via
the imposition of a license requirement
for exports, reexports, or transfers (incountry) of all items subject to the EAR
involving these four entities and the
possible issuance of license denials or
the possible imposition of license
conditions on shipments to these
entities, will enhance BIS’s ability to
prevent violations of the EAR or
otherwise protect U.S. national security
or foreign policy interests.
For the four entities added to the
Entity List in this final rule, BIS
imposes a license requirement that
applies to all items subject to the EAR.
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
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16:58 Jul 02, 2021
Jkt 253001
On August 13, 2018, the President
signed into law the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019, which included the
Export Control Reform Act of 2018
(ECRA) (50 U.S.C. 4801–4852). ECRA
provides the legal basis for BIS’s
principal authorities and serves as the
authority under which BIS issues this
rule.
(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 or 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 commodity
classification, and carries a burden
estimate of 29.6 minutes for a manual or
electronic submission for a total burden
estimate of 31,835 hours. Total burden
hours associated with the PRA and
OMB control number 0694–0088 are not
expected to increase as a result of this
rule.
3. This rule does not contain policies
with Federalism implications as that
term is defined in Executive Order
13132.
4. Pursuant to section 1762 of the
Export Control Reform Act of 2018, this
action is exempt from the
Administrative Procedure Act (5 U.S.C.
553) requirements for notice of
proposed rulemaking, opportunity for
public participation, and delay in
effective date.
5. 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.
Rulemaking Requirements
List of Subjects in 15 CFR Part 744
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
Exports, Reporting and recordkeeping
requirements, Terrorism.
Accordingly, part 744 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
rule. BIS imposes a license review
policy of a presumption of denial for
these four entities. The acronym
‘‘a.k.a.,’’ which is an abbreviation of
‘also known as,’ is used in entries on the
Entity List to identify aliases, thereby
assisting exporters, reexporters and
transferors in identifying entities on the
Entity List.
For the reasons described above, this
final rule adds the following four
entities to the Entity List and includes,
where appropriate, aliases:
Burma
• King Royal Technologies Co., Ltd.;
• Myanmar Wanbao Mining Copper,
Ltd.;
• Myanmar Yang Tse Copper, Ltd.;
and
• Wanbao Mining, Ltd.
Correction to the Entity List
This final rule implements a
correction to one existing entry on the
Entity List for an entity that was added
to the Entity List under the destination
of Burma on March 8, 2021 (86 FR
13180, March 8, 2021). Specifically, BIS
is correcting the entry for Myanmar
Economic Corporation by changing the
address to refer to ‘‘Burma.’’
Savings Clause
Shipments of items removed from
eligibility for a License Exception or
export, reexport, or transfer (in-country)
without a license (NLR) as a result of
this regulatory action that were en route
aboard a carrier to a port of export,
reexport, or transfer (in-country), on
July 6, 2021, pursuant to actual orders
for export, reexport, or transfer (incountry) to or within a foreign
destination, may proceed to that
destination under the previous
eligibility for a License Exception or
export, reexport, or transfer (in-country)
without a license (NLR).
Export Control Reform Act of 2018
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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations
PART 744—[AMENDED]
1. The authority citation for 15 CFR
part 744 continues to read as follows:
■
Authority: 50 U.S.C. 4801–4852; 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. 13026, 61 FR 58767, 3
Country
CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR
45167, 3 CFR, 1998 Comp., p. 208; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13224, 66 FR 49079, 3 CFR, 2001
Comp., p. 786; Notice of September 18, 2020,
85 FR 59641 (September 22, 2020); Notice of
November 12, 2020, 85 FR 72897 (November
13, 2020).
2. Supplement No. 4 to part 744 is
amended under BURMA by:
■ a. Adding in alphabetical order an
entry for ‘‘King Royal Technologies Co.,
Ltd.’’;
■
License
requirement
Entity
*
*
BURMA ............
*
Corner of Ahlone Road and Strand
Road, Ahlone Township, Yangon,
Burma.
*
*
Myanmar Wanbao Mining Copper, Ltd.,
Yangon Office 70 (I)Bo Chein Street
Pyay
Road,
Hlaing
Township,
Yangon, Burma.
Myanmar Yang Tse Copper, Ltd., 70/I,
Bo Chein St., Ward (11), Hlaing,
Yangon, Burma.
Wanbao Mining, Ltd., 70 Bo Chain Ln,
Yangon, Burma.
*
*
*
*
*
*
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2021–14367 Filed 7–2–21; 8:45 am]
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*
*
All items subject to the
EAR. (See § 744.11 of
the EAR).
*
*
Presumption of denial ......
*
86 FR [INSERT FR PAGE
NUMBER AND July 6,
2021].
All items subject to the
EAR. (See § 744.11 of
the EAR).
All items subject to the
EAR. (See § 744.11 of
the EAR).
Presumption of denial ......
86 FR [INSERT FR PAGE
NUMBER AND July 6,
2021].
86 FR [INSERT FR PAGE
NUMBER AND July 6,
2021].
Presumption of denial ......
*
24 CFR Part 11
[Docket No. FR–6192–F–02]
Office of General Counsel,
Final rule.
On November 10, 2020, the
U.S. Department of Housing and Urban
Development (HUD, or the Department)
published an interim final rule that
implemented Executive Order 13891,
‘‘Promoting the Rule of Law Through
PO 00000
*
*
86 FR 13180, 3/8/2021.
86 FR [INSERT FR
PAGE NUMBER AND
July 6, 2021].
SUMMARY:
Jkt 253001
Federal Register
citation
*
*
Presumption of denial ......
HUD.
17:33 Jul 02, 2021
*
*
For all items subject to
the EAR. (See § 744.11
of the EAR).
Implementing Executive Order 13992,
Revocation of Certain Executive
Orders Concerning Federal Regulation
VerDate Sep<11>2014
*
*
86 FR [INSERT FR PAGE
NUMBER AND July 6,
2021].
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
ACTION:
*
*
*
Presumption of denial ......
*
AGENCY:
*
*
RIN 2501–AD93
BILLING CODE 3510–33–P
*
*
All items subject to the
EAR. (See § 744.11 of
the EAR).
*
*
Supplement No. 4 to Part 744—Entity
List
License review policy
*
*
*
King Royal Technologies Co., Ltd.,
a.k.a., the following one alias:
—KRT.
4, Min Dhama Rd., Shwe Gabar 6th St,
Shwe Gabar Housing, Mayangone,
Yangon , Burma; and
Room 4 Shwe Gabar 6th Yangon,
Burma.
*
*
Myanmar Economic Corporation, a.k.a.,
the following one alias:
—MEC.
b. Revising the listing for ‘‘Myanmar
Economic Corporation’’; and
■ c. Adding in alphabetical order entries
for ‘‘Myanmar Wanbao Mining Copper,
Ltd.,’’ ‘‘Myanmar Yang Tse Copper,
Ltd.,’’ and ‘‘Wanbao Mining, Ltd.’’.
The additions and revision read as
follows:
■
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Sfmt 4700
*
*
Improved Agency Guidance
Documents.’’ This order required
Federal agencies to publish regulations
to codify processes and procedures for
issuing guidance documents. HUD
created new regulations that outlined
HUD policy and procedures for issuing
guidance documents. On January 20,
2021, President Biden issued Executive
Order 13992, ‘‘Revocation of Certain
Executive Orders Concerning Federal
Regulation’’ which, among other things,
revoked Executive Order 13891. After
considering the public comments HUD
received in response to its interim final
rule and given the revocation of
Executive Order 13891, this final rule
removes the regulations HUD created in
January.
E:\FR\FM\06JYR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Rules and Regulations]
[Pages 35389-35391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14367]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 210629-0139]
RIN 0694-AI52
Addition of Certain Entities to the Entity List; Correction of
Existing Entry on the Entity List
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Export Administration Regulations
(EAR) by adding four entities to the Entity List. These four entities
have been determined by the U.S. Government to be acting contrary to
the foreign policy and national security interests of the United States
and will be listed on the Entity List under the destination of Burma.
This rule also amends the EAR by correcting the address of one entity,
listed under Burma, on the Entity List.
DATES: This rule is effective July 6, 2021.
FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary for Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone: (202) 482-5991,
Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
Entity List
The Entity List (supplement no. 4 to part 744 of the EAR)
identifies entities for which there is reasonable cause to believe,
based on specific and articulable facts, that the entities have been
involved, are involved, or pose a significant risk of being or becoming
involved in activities contrary to the national security or foreign
policy interests of the United States. The EAR (15 CFR parts 730-774)
impose additional license requirements on, and limit the availability
of most license exceptions for, exports, reexports, and transfers (in-
country) to listed entities. 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 document 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.
Burma
This rule is part of an ongoing effort by the United States
Government to impose restrictions on Burmese entities that support the
Burmese military as part of a broader response to the February 1, 2021
coup by the military, which overthrew Burma's democratically-elected
government. On February 10, 2021, President Biden signed Executive
Order (E.O.) 14014, ``Blocking Property With Respect to the Situation
in Burma'' (E.O. 14104), in which he declared a national emergency to
address the threat posed to the United States by the situation in, and
in relation to, Burma following the coup. See 86 FR 9429 (Feb. 12,
2021).
Since February 2021, BIS has taken several actions under the EAR to
strengthen export controls on Burma. These include the publication of
``Burma: Implementation of Sanctions'' (86 FR 10011) on February 18,
2021; ``Burma: Implementation of Sanctions'' (86 FR 13173) on March 8,
2021; ``Addition of Entities to the Entity List'' (86 FR 13179) on
March 8, 2021; and ``Expansion of Certain End-Use and End-User Controls
and Controls on Specific Activities of U.S. Persons; Corrections; and
Burma Sanctions'' (86 FR 18433) on April 9, 2021.
ERC Entity List Decisions
Additions to the Entity List
This rule implements the decision of the ERC to add four entities
to the Entity
[[Page 35390]]
List. The four entities are added based on 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 four entities are located in Burma.
By making these Entity List additions, this final rule further
strengthens export controls on Burma and addresses the foreign policy
and national security concerns that formed the basis for the issuance
of E.O. 14104. This rule also supports the United States Government's
efforts to promote an immediate return to democracy in Burma.
Specifically, BIS is adding the following four entities to the Entity
List under the destination of Burma: Wanbao Mining, Ltd. and its two
subsidiaries, Myanmar Wanbao Mining Copper, Ltd. and Myanmar Yang Tse
Copper, Ltd.; and King Royal Technologies Co., Ltd. In particular, by
adding Wanbao Mining, Ltd., Myanmar Wanbao Mining Copper, Ltd., and
Myanmar Yang Tse Copper, Ltd. to the Entity List, this rule enhances
the U.S. Government's efforts to ensure that items subject to the EAR
are not available for copper mining operations by these three entities,
which have revenue-sharing agreements with Myanmar Economic Holdings
Limited (MEHL). MEHL provides revenue for Burma's Ministry of Defence,
an entity responsible for the February 1, 2021 military coup. On March
8, 2021, BIS added MEHL and the Ministry of Defence to the Entity List.
See 86 FR 13179 (March 8, 2021). Additionally, BIS is adding King Royal
Technologies Co., Ltd., a telecommunications company, to the Entity
List for providing satellite communication services in support of the
Burmese military.
Pursuant to Sec. 744.11(b) of the EAR, the ERC determined that the
conduct of the above-described four entities raises sufficient concerns
that prior review, via the imposition of a license requirement for
exports, reexports, or transfers (in-country) of all items subject to
the EAR involving these four entities and the possible issuance of
license denials or the possible imposition of license conditions on
shipments to these entities, will enhance BIS's ability to prevent
violations of the EAR or otherwise protect U.S. national security or
foreign policy interests.
For the four entities added to the Entity List in this final rule,
BIS imposes a license requirement that applies to all items subject to
the EAR. 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. BIS imposes a license review policy of a
presumption of denial for these four entities. The acronym ``a.k.a.,''
which is an abbreviation of `also known as,' is used in entries on the
Entity List to identify aliases, thereby assisting exporters,
reexporters and transferors in identifying entities on the Entity List.
For the reasons described above, this final rule adds the following
four entities to the Entity List and includes, where appropriate,
aliases:
Burma
King Royal Technologies Co., Ltd.;
Myanmar Wanbao Mining Copper, Ltd.;
Myanmar Yang Tse Copper, Ltd.; and
Wanbao Mining, Ltd.
Correction to the Entity List
This final rule implements a correction to one existing entry on
the Entity List for an entity that was added to the Entity List under
the destination of Burma on March 8, 2021 (86 FR 13180, March 8, 2021).
Specifically, BIS is correcting the entry for Myanmar Economic
Corporation by changing the address to refer to ``Burma.''
Savings Clause
Shipments of items removed from eligibility for a License Exception
or export, reexport, or transfer (in-country) without a license (NLR)
as a result of this regulatory action that were en route aboard a
carrier to a port of export, reexport, or transfer (in-country), on
July 6, 2021, pursuant to actual orders for export, reexport, or
transfer (in-country) to or within a foreign destination, may proceed
to that destination under the previous eligibility for a License
Exception or export, reexport, or transfer (in-country) without a
license (NLR).
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities
and serves as the authority under which BIS issues this rule.
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 or 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 commodity classification, and
carries a burden estimate of 29.6 minutes for a manual or electronic
submission for a total burden estimate of 31,835 hours. Total burden
hours associated with the PRA and OMB control number 0694-0088 are not
expected to increase as a result of this rule.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. Pursuant to section 1762 of the Export Control Reform Act of
2018, this action is exempt from the Administrative Procedure Act (5
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity
for public participation, and delay in effective date.
5. 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:
[[Page 35391]]
PART 744--[AMENDED]
0
1. The authority citation for 15 CFR part 744 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 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. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 18, 2020, 85 FR 59641 (September 22, 2020); Notice of
November 12, 2020, 85 FR 72897 (November 13, 2020).
0
2. Supplement No. 4 to part 744 is amended under BURMA by:
0
a. Adding in alphabetical order an entry for ``King Royal Technologies
Co., Ltd.'';
0
b. Revising the listing for ``Myanmar Economic Corporation''; and
0
c. Adding in alphabetical order entries for ``Myanmar Wanbao Mining
Copper, Ltd.,'' ``Myanmar Yang Tse Copper, Ltd.,'' and ``Wanbao Mining,
Ltd.''.
The additions and revision read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
----------------------------------------------------------------------------------------------------------------
License review Federal Register
Country Entity License requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
BURMA.................. * * * * * *
King Royal Technologies Co., All items subject Presumption of 86 FR [INSERT FR
Ltd., a.k.a., the following to the EAR. (See denial. PAGE NUMBER AND
one alias: Sec. 744.11 of July 6, 2021].
--KRT. the EAR).
4, Min Dhama Rd., Shwe Gabar
6th St, Shwe Gabar Housing,
Mayangone, Yangon , Burma;
and
Room 4 Shwe Gabar 6th
Yangon, Burma.
* * * * * *
Myanmar Economic For all items Presumption of 86 FR 13180, 3/8/
Corporation, a.k.a., the subject to the denial. 2021. 86 FR
following one alias: EAR. (See Sec. [INSERT FR PAGE
--MEC. 744.11 of the NUMBER AND July
EAR). 6, 2021].
Corner of Ahlone Road and
Strand Road, Ahlone
Township, Yangon, Burma.
* * * * * *
Myanmar Wanbao Mining All items subject Presumption of 86 FR [INSERT FR
Copper, Ltd., Yangon Office to the EAR. (See denial. PAGE NUMBER AND
70 (I)Bo Chein Street Pyay Sec. 744.11 of July 6, 2021].
Road, Hlaing Township, the EAR).
Yangon, Burma.
Myanmar Yang Tse Copper, All items subject Presumption of 86 FR [INSERT FR
Ltd., 70/I, Bo Chein St., to the EAR. (See denial. PAGE NUMBER AND
Ward (11), Hlaing, Yangon, Sec. 744.11 of July 6, 2021].
Burma. the EAR).
Wanbao Mining, Ltd., 70 Bo All items subject Presumption of 86 FR [INSERT FR
Chain Ln, Yangon, Burma. to the EAR. (See denial. PAGE NUMBER AND
Sec. 744.11 of July 6, 2021].
the EAR).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-14367 Filed 7-2-21; 8:45 am]
BILLING CODE 3510-33-P
