Additions to the Entity List, 6621-6624 [2023-02130]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 21 / Wednesday, February 1, 2023 / Rules and Regulations
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 230126–0028]
RIN 0694–AJ08
Additions to the Entity List
Bureau of Industry and
Security, Department of Commerce.
ACTION: Final rule.
AGENCY:
In this rule, the Bureau of
Industry and Security (BIS) amends the
Export Administration Regulations
(EAR) by adding seven entities to the
Entity List. These seven entities, listed
under the destination of Iran, have been
determined by the U.S. Government to
be acting contrary to the national
security or foreign policy interests of the
United States for contributing to
Russia’s military and defense industrial
base. They are being added to the Entity
List with application of the Russia/
Belarus-Military End User Foreign
Direct Product rule.
DATES: This rule is effective on January
31, 2023.
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:
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
Background
The Entity List (supplement no. 4 to
part 744 of the EAR (15 CFR parts 730–
774)) 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, pursuant to § 744.11(b). The EAR
impose additional license requirements
on, and limit the availability of, most
license exceptions for exports,
reexports, and transfers (in-country)
when a listed entity is a party to the
transaction. 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 that added the entity
to the Entity List. The Bureau of
Industry and Security (BIS) places
entities on the Entity List pursuant to
parts 744 (Control Policy: End-User and
VerDate Sep<11>2014
16:39 Jan 31, 2023
Jkt 259001
End-Use Based) and 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.
Entity List Decisions
A. Additions to the Entity List
The ERC determined to add the
following seven entities to the Entity
List under the destination of Iran based
on § 744.11 for activity contrary to U.S.
national security and foreign policy
interests under §§ 744.11 and 744.21 of
the EAR: Design and Manufacturing of
Aircraft Engines, Islamic Revolutionary
Guard Corps Aerospace Force, Islamic
Revolutionary Guard Corps Research
and Self-Sufficiency Jihad Organization,
Oje Parvaz Mado Nafar Company,
Paravar Pars Company, Qods Aviation
Industry, and Shahed Aviation
Industries. These entities are designated
by the Departments of State and/or the
Treasury pursuant to Executive Order
13382 and other sanctions programs.
They are also currently subject to
restrictions set forth in part 744 of the
EAR, such as those in §§ 744.8, 744.12,
and 744.14. With this rule, these entities
are added to the Entity List for
contributing to Russia’s military and
defense industrial base through the
production of Iranian unmanned aerial
vehicles (UAVs), which are being
transferred to Russia for use in Ukraine.
This activity is contrary to U.S. national
security and foreign policy interests
under § 744.11(b) and these entities
qualify as ‘military end-users’ under
§ 744.21(g) of the EAR. These entities
will receive a footnote 3 designation
because the ERC has determined that
they are Russian or Belarusian ‘military
end users’ in accordance with § 744.21.
A footnote 3 designation subjects these
entities to the Russia/Belarus-Military
End User Foreign Direct Product (FDP)
rule, detailed in § 734.9(g) of the EAR.
These seven entities are added to the
Entity List with a license requirement
for all items subject to the EAR. BIS will
review license applications for items for
these entities under a policy of denial
apart from food and medicine
designated as EAR99, which will be
reviewed on a case-by-case basis. No
license exceptions are available for
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
6621
exports, reexports, or transfers (incountry) to these entities.
For the reasons described above, this
final rule adds the following seven
entities to the Entity List and includes,
where appropriate, aliases:
Iran
• Design and Manufacturing of
Aircraft Engines (DAMA);
• Islamic Revolutionary Guard Corps
Aerospace Force;
• Islamic Revolutionary Guard Corps
Research and Self-Sufficiency Jihad
Organization;
• Oje Parvaz Mado Nafar Company;
• Paravar Pars Company;
• Qods Aviation Industry; and
• Shahed Aviation Industries.
Savings Clause
For the changes being made in this
final rule, shipments of items removed
from eligibility for a License Exception
or export, reexport, or transfer (incountry) 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 January 31, 2023, 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) before March 3,
2023. Any such items not actually
exported, reexported or transferred (incountry) before midnight, on March 3,
2023, require a license in accordance
with this final rule.
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. 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
E:\FR\FM\01FER1.SGM
01FER1
6622
Federal Register / Vol. 88, No. 21 / Wednesday, February 1, 2023 / Rules and Regulations
(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
classifications, and carries a burden
estimate of 29.6 minutes for a manual or
electronic submission for a total burden
estimate of 33,133 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.
Country
*
IRAN .................
lotter on DSK11XQN23PROD with RULES1
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—CONTROL POLICY: ENDUSER AND END-USE BASED
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.
Entity
*
VerDate Sep<11>2014
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.
License requirement
*
*
Jkt 259001
PO 00000
Frm 00014
Fmt 4700
2. Supplement No. 4 to part 744 is
amended under IRAN by adding, in
alphabetical order, entries for ‘‘Design
and Manufacturing of Aircraft Engines,’’
‘‘Islamic Revolutionary Guard Corps
Aerospace Force,’’ ‘‘Islamic
Revolutionary Guard Corps Research
and Self-Sufficiency Jihad
Organization,’’ ‘‘Oje Parvaz Mado Nafar
Company,’’ ‘‘Paravar Pars Company,’’
‘‘Qods Aviation Industry,’’ and ‘‘Shahed
Aviation Industries’’ to read as follows:
■
Supplement No. 4 to Part 744—Entity
List
*
*
*
Sfmt 4700
*
License review policy
*
*
*
*
Design and Manufacturing of Aircraft For all items subject to
Engines (DAMA), a.k.a., the following
the EAR. (See
four aliases:
§§ 734.9(g),3 744.21(b)
—DAMA;
and 746.8(a)(3) of the
—Design and Manufacturing of AeroEAR)
Engine Company;
—Iranian Turbine Manufacturing Industries; and
—Turbine Engine Manufacturing Co.
Shishesh Mina Street, Karaj Special
Road, Tehran, Iran.
*
*
*
Islamic Revolutionary Guard Corps For all items subject to
Aerospace Force, a.k.a., the folthe EAR. (See
lowing ten aliases:
§§ 734.9(g),3 744.21(b)
—IRGC–ASF;
and 746.8(a)(3) of the
—Aerospace Division of IRGC;
EAR)
—Aerospace Force of the Army of the
Guardians of the Islamic Revolution;
—AFAGIR;
—Air Force, IRGC;
—IRGC Aerospace Force;
—IRGC Air Force; IRGCAF;
—IRGCASF; Islamic Revolution Guards
Corps Air Force;
—Islamic Revolutionary Guards Corps
Air Force; and
—Sepah Pasdaran Air Force.
Damavand Tehran Highway, Tehran
Province, Iran
18:44 Jan 31, 2023
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 19, 2022,
87 FR 57569 (September 21, 2022); Notice of
November 8, 2022, 87 FR 68015 (November
10, 2022).
*
Federal Register citation
*
*
*
Policy of denial for all
items subject to the
EAR apart from food
and medicine designated as EAR99,
which will be reviewed
on a case-by-case
basis. See §§ 746.8(b)
and 744.21(e).
*
88 FR [INSERT FR PAGE
NUMBER], 2/1/2023.
*
Policy of denial for all
items subject to the
EAR apart from food
and medicine designated as EAR99,
which will be reviewed
on a case-by-case
basis. See §§ 746.8(b)
and 744.21(e).
*
88 FR [INSERT FR PAGE
NUMBER], 2/1/2023.
E:\FR\FM\01FER1.SGM
01FER1
Federal Register / Vol. 88, No. 21 / Wednesday, February 1, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
Country
VerDate Sep<11>2014
Entity
License requirement
Islamic Revolutionary Guard Corps Research and Self-Sufficiency Jihad Organization, a.k.a., the following 13
aliases:
—IRGC SSJO;
—Islamic Revolutionary Guard Corps
Self-Sufficiency Jehad Organization;
—IRGC Research and Self Sufficiency
Jehad Organization;
—Self-Sufficiency Jihad Organization;
—IRGC’s Arms and Military Equipment
Self-Sufficiency Program;
—IRGC Jihad Self-Sufficiency Organization;
—Jihad Self-Sufficiency Organization of
Islamic Revolution Iranian Revolutionary Guards;
—Self Sufficiency Jihad Organization;
—IRGC’s Self-Sufficiency and Industrial
Research Center;
—IRGC’s Self-Sufficiency and Industrial
Research Centre;
—IRGC Missile Research Center;
—IRGC Self-Sufficiency Organization;
and
—IRGC’s Research and Self-Sufficiency Organization.
Tehran and Isfahan, Iran
*
Oje Parvaz Mado Nafar Company,
a.k.a., the following three aliases:
—Mado;
—Owj Parvaz Mado Nafar Company
LLC; and
—Mado Company
No. 1106, 11 Hemmat Corner, Hemmat
Square,
Hemmat
Boulevard,
Shokuhieh Industrial Town, Qom,
Qom Province, 3718116354, Iran
*
Paravar Pars Company, a.k.a., the following six aliases:
—Paravar Pars Aerospace Research
and Engineering Services;
—Paravar Pars Aerospace Research
Institute;
—Paravar Pars Engineering and Services Aerospace Research Company;
—Paravar Pars;
—ParavarPars; and
—Pravarpars Engineering Research
and Design Company
13 km of Shahid Babaei Highway, after
Imam Hossein University, next to
Telo Road, Tehran, Iran
*
Qods Aviation Industry, a.k.a., the following eight aliases:
—Qods Aviation Industries;
—Qoods Aviation Industries;
—Qhods Aviation Industries;
—Qods Aviation Industry;
—Qods Air Industries;
—Ghods Aviation Industries;
—Qods Research Center; and
—Qods Aeronautics Industries.
Unit (or Suite) 207, Saleh Blvd, Tehran,
Iran; and Unit 207, Tarajit Maydane
Taymori (or Teimori) Square, Basiri
Building, Tarasht, Tehran, Iran; and
P.O. Box 15875–1834, Km 5 Karaj
Special Road, Tehran, Iran
*
For all items subject to
the EAR. (See
§§ 734.9(g),3 744.21(b)
and 746.8(a)(3) of the
EAR)
Policy of denial for all
items subject to the
EAR apart from food
and medicine designated as EAR99,
which will be reviewed
on a case-by-case
basis. See §§ 746.8(b)
and 744.21(e).
88 FR [INSERT FR PAGE
NUMBER], 2/1/2023.
*
*
For all items subject to
the EAR. (See
§§ 734.9(g),3 744.21(b)
and 746.8(a)(3) of the
EAR)
*
Policy of denial for all
items subject to the
EAR apart from food
and medicine designated as EAR99,
which will be reviewed
on a case-by-case
basis. See §§ 746.8(b)
and 744.21(e).
*
88 FR [INSERT FR PAGE
NUMBER], 2/1/2023.
*
*
For all items subject to
the EAR. (See
§§ 734.9(g),3 744.21(b)
and 746.8(a)(3) of the
EAR)
*
Policy of denial for all
items subject to the
EAR apart from food
and medicine designated as EAR99,
which will be reviewed
on a case-by-case
basis. See §§ 746.8(b)
and 744.21(e).
*
88 FR [INSERT FR PAGE
NUMBER], 2/1/2023.
*
*
For all items subject to
the EAR. (See
§§ 734.9(g),3 744.21(b)
and 746.8(a)(3) of the
EAR)
*
Policy of denial for all
items subject to the
EAR apart from food
and medicine designated as EAR99,
which will be reviewed
on a case-by-case
basis. See §§ 746.8(b)
and 744.21(e).
*
88 FR [INSERT FR PAGE
NUMBER], 2/1/2023.
18:44 Jan 31, 2023
Jkt 259001
PO 00000
*
Frm 00015
Fmt 4700
License review policy
6623
*
*
Sfmt 4700
E:\FR\FM\01FER1.SGM
Federal Register citation
*
01FER1
6624
Federal Register / Vol. 88, No. 21 / Wednesday, February 1, 2023 / Rules and Regulations
Country
Entity
License requirement
Shahed Aviation Industries, a.k.a., the
following five aliases:
—Shahed Aviation Industries Research
Center;
—Shahed Aviation;
—Shahed Aviation Industries Research;
—Shahed Aviation Industries Research
Centre; and
—SAIRC.
Shahid Lavi Street, Sajad Street,
Isfahan, Iran
For all items subject to
the EAR. (See
§§ 734.9(g),3 744.21(b)
and 746.8(a)(3) of the
EAR)
*
*
*
*
License review policy
Federal Register citation
Policy of denial for all
items subject to the
EAR apart from food
and medicine designated as EAR99,
which will be reviewed
on a case-by-case
basis. See §§ 746.8(b)
and 744.21(e).
*
88 FR [INSERT FR PAGE
NUMBER], 2/1/2023.
*
*
*
*
*
*
*
*
*
this entity, ‘‘items subject to the EAR’’ includes foreign-produced items that are subject to the EAR under § 734.9(g) of the EAR. See
§§ 746.8 and 744.21 of the EAR for related license requirements, license review policy, and restrictions on license exceptions.
*
*
*
*
*
*
*
3 For
Thea D. Rozman Kendler,
Assistant Secretary for Export
Administration.
Publication of web general
licenses.
ACTION:
BILLING CODE 3510–JT–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 1
[Docket No. FDA–2014–N–0053]
RIN 0910–AI44
Requirements for Additional
Traceability Records for Certain Foods
Correction
In rule document 2022–24417,
appearing on pages 70910–71088, in the
issue of Monday, November, 2022, make
the following formatting correction:
On page 71077, in the second column,
in lines 29–30, should appear as
follows:
1.1320 When must I assign traceability
lot codes to foods on the Food
Traceability List?
Records of Critical Tracking Events
[FR Doc. C1–2022–24417 Filed 1–31–23; 8:45 am]
BILLING CODE 0099–10–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
lotter on DSK11XQN23PROD with RULES1
31 CFR Part 591
Publication of Venezuela Sanctions
Regulations Web General License 5F
and Subsequent Iterations
Office of Foreign Assets
Control, Treasury.
AGENCY:
VerDate Sep<11>2014
18:44 Jan 31, 2023
Jkt 259001
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing five
general licenses (GLs) issued in the
Venezuela Sanctions program: GLs 5F,
5G, 5H, 5I, and 5J, each of which was
previously made available on OFAC’s
website.
DATES: GL 5F was issued on December
23, 2020. See SUPPLEMENTARY
INFORMATION for additional relevant
dates.
FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing,
202–622–2480; Assistant Director for
Regulatory Affairs, 202–622–4855; or
Assistant Director for Sanctions
Compliance & Evaluation, 202–622–
2490.
SUPPLEMENTARY INFORMATION:
SUMMARY:
[FR Doc. 2023–02130 Filed 1–31–23; 8:45 am]
Electronic Availability
This document and additional
information concerning OFAC are
available on OFAC’s website:
www.treas.gov/ofac.
Background
On December 23, 2020, OFAC issued
GL 5F to further delay the effectiveness
of the authorization that was previously
contained in GL 5. GL 5F was the
seventh iteration of GL 5 and
superseded GL 5E (85 FR 76450).
Subsequently, OFAC issued four further
iterations of GL 5, each of which further
delayed the effectiveness of the
authorization that was previously
contained in GL 5: on July 20, 2021,
OFAC issued GL 5G, which superseded
GL 5F; on September 10, 2021, OFAC
issued GL 5H, which superseded GL 5G;
on January 20, 2022, OFAC issued GL
5I, which superseded GL 5H; and on
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
January 17, 2023, OFAC issued GL 5J,
which superseded GL 5I. Each GL was
made available on OFAC’s website
(www.treas.gov/ofac) when it was
issued. The text of these GLs is provided
below.
OFFICE OF FOREIGN ASSETS
CONTROL
Venezuela Sanctions Regulations
31 CFR Part 591
GENERAL LICENSE NO. 5F
Authorizing Certain Transactions
Related to the Petro´leos de Venezuela,
S.A. 2020 8.5 Percent Bond on or After
July 21, 2021
(a) Except as provided in paragraph
(b) of this general license, on or after
July 21, 2021, all transactions related to,
the provision of financing for, and other
dealings in the Petro´leos de Venezuela,
S.A. 2020 8.5 Percent Bond that would
be prohibited by Subsection l(a)(iii) of
Executive Order (E.O.) 13835 of May 21,
2018, as amended by E.O. 13857 of
January 25, 2019, and incorporated into
the Venezuela Sanctions Regulations, 31
CFR part 591 (the VSR), are authorized.
(b) This general license does not
authorize any transactions or activities
otherwise prohibited by the VSR, or any
other part of 31 CFR chapter V.
(c) Effective December 23, 2020,
General License No. 5E, dated October
6, 2020, is replaced and superseded in
its entirety by this General License No.
5F.
Bradley T. Smith,
Deputy Director, Office of Foreign Assets
Control.
Dated: December 23, 2020.
E:\FR\FM\01FER1.SGM
01FER1
]]>Agencies
[Federal Register Volume 88, Number 21 (Wednesday, February 1, 2023)]
[Rules and Regulations]
[Pages 6621-6624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02130]
[[Page 6621]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 230126-0028]
RIN 0694-AJ08
Additions to the Entity List
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) by adding seven entities to
the Entity List. These seven entities, listed under the destination of
Iran, have been determined by the U.S. Government to be acting contrary
to the national security or foreign policy interests of the United
States for contributing to Russia's military and defense industrial
base. They are being added to the Entity List with application of the
Russia/Belarus-Military End User Foreign Direct Product rule.
DATES: This rule is effective on January 31, 2023.
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
The Entity List (supplement no. 4 to part 744 of the EAR (15 CFR
parts 730-774)) 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, pursuant to Sec.
744.11(b). The EAR impose additional license requirements on, and limit
the availability of, most license exceptions for exports, reexports,
and transfers (in-country) when a listed entity is a party to the
transaction. 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 that added the entity to the
Entity List. The Bureau of Industry and Security (BIS) places entities
on the Entity List pursuant to parts 744 (Control Policy: End-User and
End-Use Based) and 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.
Entity List Decisions
A. Additions to the Entity List
The ERC determined to add the following seven entities to the
Entity List under the destination of Iran based on Sec. 744.11 for
activity contrary to U.S. national security and foreign policy
interests under Sec. Sec. 744.11 and 744.21 of the EAR: Design and
Manufacturing of Aircraft Engines, Islamic Revolutionary Guard Corps
Aerospace Force, Islamic Revolutionary Guard Corps Research and Self-
Sufficiency Jihad Organization, Oje Parvaz Mado Nafar Company, Paravar
Pars Company, Qods Aviation Industry, and Shahed Aviation Industries.
These entities are designated by the Departments of State and/or the
Treasury pursuant to Executive Order 13382 and other sanctions
programs. They are also currently subject to restrictions set forth in
part 744 of the EAR, such as those in Sec. Sec. 744.8, 744.12, and
744.14. With this rule, these entities are added to the Entity List for
contributing to Russia's military and defense industrial base through
the production of Iranian unmanned aerial vehicles (UAVs), which are
being transferred to Russia for use in Ukraine. This activity is
contrary to U.S. national security and foreign policy interests under
Sec. 744.11(b) and these entities qualify as `military end-users'
under Sec. 744.21(g) of the EAR. These entities will receive a
footnote 3 designation because the ERC has determined that they are
Russian or Belarusian `military end users' in accordance with Sec.
744.21. A footnote 3 designation subjects these entities to the Russia/
Belarus-Military End User Foreign Direct Product (FDP) rule, detailed
in Sec. 734.9(g) of the EAR. These seven entities are added to the
Entity List with a license requirement for all items subject to the
EAR. BIS will review license applications for items for these entities
under a policy of denial apart from food and medicine designated as
EAR99, which will be reviewed on a case-by-case basis. No license
exceptions are available for exports, reexports, or transfers (in-
country) to these entities.
For the reasons described above, this final rule adds the following
seven entities to the Entity List and includes, where appropriate,
aliases:
Iran
Design and Manufacturing of Aircraft Engines (DAMA);
Islamic Revolutionary Guard Corps Aerospace Force;
Islamic Revolutionary Guard Corps Research and Self-
Sufficiency Jihad Organization;
Oje Parvaz Mado Nafar Company;
Paravar Pars Company;
Qods Aviation Industry; and
Shahed Aviation Industries.
Savings Clause
For the changes being made in this final rule, 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 January 31, 2023,
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)
before March 3, 2023. Any such items not actually exported, reexported
or transferred (in-country) before midnight, on March 3, 2023, require
a license in accordance with this final rule.
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. 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
[[Page 6622]]
(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 classifications, and carries a
burden estimate of 29.6 minutes for a manual or electronic submission
for a total burden estimate of 33,133 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:
PART 744--CONTROL POLICY: END-USER AND END-USE BASED
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 19, 2022, 87 FR 57569 (September 21, 2022); Notice of
November 8, 2022, 87 FR 68015 (November 10, 2022).
0
2. Supplement No. 4 to part 744 is amended under IRAN by adding, in
alphabetical order, entries for ``Design and Manufacturing of Aircraft
Engines,'' ``Islamic Revolutionary Guard Corps Aerospace Force,''
``Islamic Revolutionary Guard Corps Research and Self-Sufficiency Jihad
Organization,'' ``Oje Parvaz Mado Nafar Company,'' ``Paravar Pars
Company,'' ``Qods Aviation Industry,'' and ``Shahed Aviation
Industries'' to read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
----------------------------------------------------------------------------------------------------------------
License review Federal Register
Country Entity License requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
IRAN................... * * * * *
Design and Manufacturing of For all items Policy of denial 88 FR [INSERT FR
Aircraft Engines (DAMA), subject to the for all items PAGE NUMBER], 2/
a.k.a., the following four EAR. (See Sec. subject to the 1/2023.
aliases: Sec. EAR apart from
--DAMA; 734.9(g),\3\ food and
--Design and Manufacturing 744.21(b) and medicine
of Aero-Engine Company; 746.8(a)(3) of the designated as
--Iranian Turbine EAR) EAR99, which
Manufacturing Industries; will be reviewed
and on a case-by-
--Turbine Engine case basis. See
Manufacturing Co. Sec. Sec.
Shishesh Mina Street, Karaj 746.8(b) and
Special Road, Tehran, Iran. 744.21(e).
* * * * *
Islamic Revolutionary Guard For all items Policy of denial 88 FR [INSERT FR
Corps Aerospace Force, subject to the for all items PAGE NUMBER], 2/
a.k.a., the following ten EAR. (See Sec. subject to the 1/2023.
aliases: Sec. EAR apart from
--IRGC-ASF; 734.9(g),\3\ food and
--Aerospace Division of 744.21(b) and medicine
IRGC; 746.8(a)(3) of the designated as
--Aerospace Force of the EAR) EAR99, which
Army of the Guardians of will be reviewed
the Islamic Revolution; on a case-by-
--AFAGIR; case basis. See
--Air Force, IRGC; Sec. Sec.
--IRGC Aerospace Force; 746.8(b) and
--IRGC Air Force; IRGCAF; 744.21(e).
--IRGCASF; Islamic
Revolution Guards Corps Air
Force;
--Islamic Revolutionary
Guards Corps Air Force; and
--Sepah Pasdaran Air Force.
Damavand Tehran Highway,
Tehran Province, Iran
[[Page 6623]]
Islamic Revolutionary Guard For all items Policy of denial 88 FR [INSERT FR
Corps Research and Self- subject to the for all items PAGE NUMBER], 2/
Sufficiency Jihad EAR. (See Sec. subject to the 1/2023.
Organization, a.k.a., the Sec. EAR apart from
following 13 aliases: 734.9(g),\3\ food and
--IRGC SSJO; 744.21(b) and medicine
--Islamic Revolutionary 746.8(a)(3) of the designated as
Guard Corps Self- EAR) EAR99, which
Sufficiency Jehad will be reviewed
Organization; on a case-by-
--IRGC Research and Self case basis. See
Sufficiency Jehad Sec. Sec.
Organization; 746.8(b) and
--Self-Sufficiency Jihad 744.21(e).
Organization;
--IRGC's Arms and Military
Equipment Self-Sufficiency
Program;
--IRGC Jihad Self-
Sufficiency Organization;
--Jihad Self-Sufficiency
Organization of Islamic
Revolution Iranian
Revolutionary Guards;
--Self Sufficiency Jihad
Organization;
--IRGC's Self-Sufficiency
and Industrial Research
Center;
--IRGC's Self-Sufficiency
and Industrial Research
Centre;
--IRGC Missile Research
Center;
--IRGC Self-Sufficiency
Organization; and
--IRGC's Research and Self-
Sufficiency Organization.
Tehran and Isfahan, Iran
* * * * *
Oje Parvaz Mado Nafar For all items Policy of denial 88 FR [INSERT FR
Company, a.k.a., the subject to the for all items PAGE NUMBER], 2/
following three aliases: EAR. (See Sec. subject to the 1/2023.
--Mado; Sec. EAR apart from
--Owj Parvaz Mado Nafar 734.9(g),\3\ food and
Company LLC; and 744.21(b) and medicine
--Mado Company 746.8(a)(3) of the designated as
No. 1106, 11 Hemmat Corner, EAR) EAR99, which
Hemmat Square, Hemmat will be reviewed
Boulevard, Shokuhieh on a case-by-
Industrial Town, Qom, Qom case basis. See
Province, 3718116354, Iran Sec. Sec.
746.8(b) and
744.21(e).
* * * * *
Paravar Pars Company, For all items Policy of denial 88 FR [INSERT FR
a.k.a., the following six subject to the for all items PAGE NUMBER], 2/
aliases: EAR. (See Sec. subject to the 1/2023.
--Paravar Pars Aerospace Sec. EAR apart from
Research and Engineering 734.9(g),\3\ food and
Services; 744.21(b) and medicine
--Paravar Pars Aerospace 746.8(a)(3) of the designated as
Research Institute; EAR) EAR99, which
--Paravar Pars Engineering will be reviewed
and Services Aerospace on a case-by-
Research Company; case basis. See
--Paravar Pars; Sec. Sec.
--ParavarPars; and 746.8(b) and
--Pravarpars Engineering 744.21(e).
Research and Design Company
13 km of Shahid Babaei
Highway, after Imam Hossein
University, next to Telo
Road, Tehran, Iran
* * * * *
Qods Aviation Industry, For all items Policy of denial 88 FR [INSERT FR
a.k.a., the following eight subject to the for all items PAGE NUMBER], 2/
aliases: EAR. (See Sec. subject to the 1/2023.
--Qods Aviation Industries; Sec. EAR apart from
--Qoods Aviation Industries; 734.9(g),\3\ food and
--Qhods Aviation Industries; 744.21(b) and medicine
--Qods Aviation Industry; 746.8(a)(3) of the designated as
--Qods Air Industries; EAR) EAR99, which
--Ghods Aviation Industries; will be reviewed
--Qods Research Center; and on a case-by-
--Qods Aeronautics case basis. See
Industries. Sec. Sec.
Unit (or Suite) 207, Saleh 746.8(b) and
Blvd, Tehran, Iran; and 744.21(e).
Unit 207, Tarajit Maydane
Taymori (or Teimori)
Square, Basiri Building,
Tarasht, Tehran, Iran; and
P.O. Box 15875-1834, Km 5
Karaj Special Road, Tehran,
Iran
* * * * *
[[Page 6624]]
Shahed Aviation Industries, For all items Policy of denial 88 FR [INSERT FR
a.k.a., the following five subject to the for all items PAGE NUMBER], 2/
aliases: EAR. (See Sec. subject to the 1/2023.
--Shahed Aviation Industries Sec. EAR apart from
Research Center; 734.9(g),\3\ food and
--Shahed Aviation; 744.21(b) and medicine
--Shahed Aviation Industries 746.8(a)(3) of the designated as
Research; EAR) EAR99, which
--Shahed Aviation Industries will be reviewed
Research Centre; and on a case-by-
--SAIRC. case basis. See
Shahid Lavi Street, Sajad Sec. Sec.
Street, Isfahan, Iran 746.8(b) and
744.21(e).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
\3\ For this entity, ``items subject to the EAR'' includes foreign-produced items that are subject to the EAR
under Sec. 734.9(g) of the EAR. See Sec. Sec. 746.8 and 744.21 of the EAR for related license
requirements, license review policy, and restrictions on license exceptions.
* * * * * * *
Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-02130 Filed 1-31-23; 8:45 am]
BILLING CODE 3510-JT-P
