Revisions to the Unverified List, 83428-83431 [2024-23638]
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Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Rules and Regulations
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. Although this
rule makes important changes to the
EAR for items controlled for national
security reasons, the overall decreases
in burdens and costs associated with the
following information collections due to
this rule are estimated to decrease the
number of submissions by 50, which
will not require revision of the current
approved estimated time burdens for
completing related submissions
described below.
• 0694–0088, ‘‘Simplified Network
Application Processing System,’’ which
carries a burden- hour estimate of 29.6
minutes for a manual or electronic
submission;
• 0694–0137 ‘‘License Exceptions and
Exclusions,’’ which carries a burdenhour estimate average of 1.5 hours per
submission (Note: submissions for
License Exceptions are rarely required);
• 0694–0096 ‘‘Five Year Records
Retention Period,’’ which carries a
burden-hour estimate of less than 1
minute; and
• 0607–0152 ‘‘Automated Export
System (AES) Program,’’ which carries a
burden-hour estimate of 3 minutes per
electronic submission.
Additional information regarding
these collections of information—
including all background materials—can
be found at https://www.reginfo.gov/
public/do/PRAMain and using the
search function to enter either the title
of the collection or the OMB Control
Number.
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 ECRA
(50 U.S.C. 4821), this action is exempt
from the Administrative Procedure Act
(APA) (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.
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List of Subjects for 15 CFR Parts 740
Administrative practice and
procedure, Exports, Incorporation by
reference, Reporting and recordkeeping.
Accordingly, part 740 of the Export
Administration Regulations (15 CFR
parts 730 through 774) is amended as
follows:
PART 740—LICENSE EXCEPTIONS
1. The authority citation for part 740
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.
7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783.
2. Section 740.24 is amended by
revising paragraph (c) to read as follows:
■
§ 740.24
(IEC).
Implemented Export Controls
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(c) Incorporation by reference. License
Exception Implemented Export Controls
(IEC) Eligible Items and Destinations,
last modified September 17, 2024, is
incorporated by reference into this
section with the approval of the Director
of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. This material
is available for inspection at the BIS and
at the National Archives and Records
Administration (NARA). Contact BIS at:
BIS Office of National Security Controls,
phone: 202–482–0092; email:
LicenseExceptionIEC@bis.doc; website:
www.bis.gov. For information on the
availability of this material at NARA,
visit www.archives.gov/federal-register/
cfr/ibr-locations or email fr.inspection@
nara.gov. The material may be obtained
from BIS and is available for inspection
on the BIS website at www.bis.gov/IEC.
Thea D. Rozman Kendler,
Assistant Secretary for Export
Administration.
[FR Doc. 2024–23814 Filed 10–15–24; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 241004–0262]
RIN 0694–AJ91
Revisions to the Unverified List
Bureau of Industry and
Security, Department of Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and
Security (BIS) is amending the Export
SUMMARY:
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Administration Regulations (EAR) by
adding eight persons to the Unverified
List (UVL). Of the eight persons being
added, three are under the destination
of China, People’s Republic of (China);
two are under the destination of
Germany; one is under the destination
of Pakistan; and two are under the
destination of Türkiye. BIS is also
amending the EAR by removing two
persons from the UVL. Of the two
persons being removed, one is under the
destination of Saudi Arabia, and the
other is under the destination of China.
DATES: This rule is effective October 16,
2024.
FOR FURTHER INFORMATION CONTACT:
Deniz Muslu, Director, Office of
Enforcement Analysis, Phone: (202)
482–4255, Email: UVLrequest@
bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Unverified List (UVL), found in
supplement no. 6 to part 744 of the EAR
(15 CFR parts 730–774), contains the
names and addresses of foreign persons
who are or have been parties to a
transaction, as described in § 748.5 of
the EAR, involving the export, reexport,
or transfer (in-country) of items subject
to the EAR. These foreign persons are
added to the UVL because BIS or federal
officials acting on BIS’s behalf were
unable to verify their bona fides (i.e.,
legitimacy and reliability relating to the
end use and end user of items subject
to the EAR) through the completion of
an end-use check. Sometimes these
checks, such as a pre-license check
(PLC) or a post-shipment verification
(PSV), cannot be completed
satisfactorily for reasons outside the
U.S. Government’s control.
There are any number of reasons why
these checks cannot be completed to the
satisfaction of the U.S. Government. The
reasons include, but are not limited to:
(1) reasons unrelated to the cooperation
of the foreign party subject to the enduse check (e.g., BIS sometimes initiates
end-use checks but is unable to
complete them because the foreign party
cannot be found at the address indicated
on the associated export documents and
BIS cannot contact the party by
telephone or email); (2) reasons related
to a lack of cooperation by a host
government that fails to schedule and
facilitate the completion of an end-use
check (e.g., a host government agencies’
lack of responses to requests to conduct
end-use checks, actions preventing the
scheduling of such checks, or refusals to
schedule checks in a timely manner); or
(3) when, during the end-use check, a
recipient of items subject to the EAR is
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unable to produce the items that are the
subject of the end-use check for visual
inspection or provide sufficient
documentation or other evidence to
confirm the disposition of the items.
BIS’s inability to confirm the bona
fides of foreign persons subject to enduse checks raises concerns about the
suitability of such persons as
participants in future exports, reexports,
or transfers (in-country) of items subject
to the EAR; an inability to confirm bona
fides also indicates a risk that such
items may be diverted to prohibited end
uses and/or end users. Under such
circumstances, there may not be
sufficient information to add the foreign
person at issue to the Entity List
(supplement no. 4 to part 744 of the
EAR). Therefore, BIS may add the
foreign person to the UVL.
As provided in § 740.2(a)(17) of the
EAR, the use of license exceptions for
exports, reexports, and transfers (incountry) involving a party or parties to
the transaction who are listed on the
UVL is suspended. Additionally, under
§ 744.15(b) of the EAR, there is a
requirement for exporters, reexporters,
and transferors to obtain (and maintain
a record of) a UVL statement from a
party or parties to a transaction who are
listed on the UVL before proceeding
with exports, reexports, and transfers
(in-country) to such persons, when the
items to be exported, reexported or
transferred (in-country) are not subject
to a license requirement. Finally,
pursuant to § 758.1(b)(8), Electronic
Export Information (EEI) must be filed
in the Automated Export System (AES)
for all exports of tangible items subject
to the EAR where parties to the
transaction, as described in § 748.5(d)
through (f), are listed on the UVL.
Requests for the removal of a UVL
entry must be made in accordance with
§ 744.15(d) of the EAR. Decisions
regarding the removal or modification of
UVL entry will be made by the Deputy
Assistant Secretary for Export
Enforcement, based on a demonstration
by the listed person of their bona fides.
As provided in § 744.15(c)(2) of the
EAR, BIS will remove a person from the
UVL when BIS is able to verify the bona
fides of the listed person.
Additions to the UVL
This rule adds eight persons to the
UVL by amending supplement no. 6 to
part 744 of the EAR to include their
names and addresses. BIS is adding
these persons pursuant to § 744.15(c) of
the EAR. This final rule implements the
decision to add the following eight
persons located in the following
destinations to the UVL: Hengye
Technology Co., Ltd.; Skytop
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Electronics Ltd.; and YXS Technology
Co., Ltd., under the destination of
China; Arabian Aviation Trade Group
and Tiptrans Limited, under the
destination of Germany; Marshal
Traders, under the destination of
Pakistan; and Pegasus Technic Services
and Vast Polymers, Ambalaj Sanayi Ve
Ticaret Limited Sirketi, under the
destination of Türkiye.
Removals From the UVL
This rule removes two persons from
the UVL because BIS was able to verify
their bona fides. This rule removes the
following two persons located in the
following destinations from the UVL:
Shengwei Technology Co., Ltd., under
the destination of China; and Al Gihaz
Co., Ltd. for Contracting and Trading,
under the destination of Saudi Arabia.
BIS is removing these persons pursuant
to § 744.15(c)(2) of the EAR.
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
final rule. In particular, section 1753 of
ECRA (50 U.S.C. 4812) authorizes the
regulation of exports, reexports, and
transfers (in-country) of items subject to
U.S. jurisdiction. Further, section
1754(a)(1)–(16) of ECRA (50 U.S.C.
4813(a)(1)–(16)) authorizes, inter alia,
requiring measures for compliance with
the export controls established under
ECRA; requiring and obtaining such
information from U.S. persons and
foreign persons as is necessary to carry
out ECRA; apprising the public of
changes in policy, regulations, and
procedures; and any other action
necessary to carry out ECRA that is not
otherwise prohibited by law. Pursuant
to section 1762(a) of ECRA (50 U.S.C.
4821(a)), these changes can be imposed
in a final rule without prior notice and
comment.
Savings Clause
Shipments (1) that are removed from
license exception eligibility or that are
now subject to requirements in § 744.15
of the EAR as a result of this regulatory
action; (2) that were eligible for export,
reexport, or transfer (in-country)
without a license before this regulatory
action; and (3) that were on dock for
loading, on lighter, laden aboard an
exporting carrier, or enroute aboard a
carrier to a port of export, on October
16, 2024, pursuant to actual orders, may
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proceed to that UVL listed person under
the previous license exception
eligibility or without a license and
pursuant to the export clearance
requirements set forth in part 758 of the
EAR that applied prior to this person
being listed on the UVL, so long as the
items have been exported from the
United States, reexported or transferred
(in-country) before November 15, 2024.
Any such items not actually exported,
reexported or transferred (in-country)
before midnight on November 15, 2024
are subject to the requirements in
§ 744.15 of the EAR in accordance with
this rule.
Executive Order Requirements
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, distribute 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 final rule is not a
‘‘significant regulatory action’’ under
Executive Order 12866.
This rule does not contain policies
with federalism implications as that
term is defined under Executive Order
13132.
Paperwork Reduction Act
Requirements
Notwithstanding any other provision
of law, no person is required to respond
to, nor is 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.
The UVL additions contain
collections of information approved by
OMB under the following control
numbers:
• OMB Control Number 0694–0088—
Simple Network Application Process
and Multipurpose Application Form
• OMB Control Number 0694–0122—
Miscellaneous Licensing
Responsibilities and Enforcement
• OMB Control Number 0694–0134—
Entity List and Unverified List
Requests,
• OMB Control Number 0694–0137—
License Exemptions and Exclusions.
BIS believes that the overall increases
in burdens and costs will be minimal
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Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Rules and Regulations
and will fall within the already
approved amounts for these existing
collections. Additional information
regarding these collections of
information—including all background
materials—can be found at https://
www.reginfo.gov/public/do/PRAMain by
using the search function to enter either
the title of the collection or the OMB
Control Number.
Administrative Procedure Act and
Regulatory Flexibility Act
Requirements
Pursuant to section 1762 of ECRA (50
U.S.C. 4821), this action is exempt from
the Administrative Procedure Act (5
U.S.C. 553) requirements for notice of
proposed rulemaking and opportunity
for public participation.
Further, no other law requires notice
of proposed rulemaking or opportunity
for public comment for this final rule.
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required under
the Administrative Procedure Act or by
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
not applicable.
Country
Exports, Reporting and recordkeeping
requirements, Terrorism.
Accordingly, part 744 of the Export
Administration Regulations (15 CFR
parts 730 through 774) is amended as
follows:
PART 744—CONTROL POLICY: ENDUSER AND END-USE BASED
1. The authority citation for 15 CFR
part 744 is revised 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, 2024,
89 FR 77011 (September 23, 2024).
Supplement No. 6 to Part 744—
Unverified List
2. Supplement no. 6 to part 744 is
amended:
■ a. Under CHINA, PEOPLE’S
REPUBLIC OF, by:
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GERMANY .......
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PAKISTAN ........
TÜRKIYE ..........
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Federal Register citation
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Hengye Technology Co., Ltd., 1602 Zhonghang Road, Dingcheng International
Building, Futian District, Shenzhen, Guangdong, China.
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Skytop Electronics Ltd., Room 619, Park Fook Industrial Building, 615–617 Tai
Nan West Street, Cheung Sha Wan, Kowloon, Hong Kong; and 7/F, MW Tower,
111 Bonham Strand, Sheung Wan, Hong Kong.
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YXS Technology Co., Ltd., Room 608, 6/F, West Tower, Fiyta Building, Huaqian
North Street, Futian District, Shenzhen, Guangdong, China.
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89 FR [INSERT FEDERAL REGISTER
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89 FR [INSERT FEDERAL REGISTER
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Arabian Aviation Trade Group,
nover, Germany.
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Tiptrans Limited, Hauptstrasse
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i. Adding the entry, in alphabetical
order, for ‘‘Hengye Technology Co.,
Ltd.;’’
■ ii. Removing the entry for ‘‘Shengwei
Technology Co., Ltd.;’’ and
■ iii. Adding the entries, in alphabetical
order, for ‘‘Skytop Electronics Ltd.’’ and
‘‘YXS Technology Co., Ltd.;’’
■ b. Under GERMANY, by adding
entries, in alphabetical order, for
‘‘Arabian Aviation Trade Group’’ and
‘‘Tiptrans Limited;’’
■ c. Under PAKISTAN, by adding an
entry, in alphabetical order, for
‘‘Marshal Traders;’’
■ d. Removing the entry for SAUDI
ARABIA; and
■ e. Under TÜRKIYE, by adding an
entry, in alphabetical order, for
‘‘Pegasus Technic Services’’ and ‘‘Vast
Polymers, Ambalaj Sanayi Ve Ticaret
Limited Sirketi.’’
The additions read as follows:
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Listed person and address
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CHINA, PEOPLES REPUBLIC OF.
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List of Subjects in 15 CFR Part 744
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a.k.a. AAT, Wassmanstrasse 16, D30459 Han*
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22, D02727 Neugersdorg, Germany .......................
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89 FR [INSERT FEDERAL REGISTER
PAGE NUMBER], October 16, 2024.
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Marshal Traders, Office-5, 41st Street, Block-H Soan Garden, Islamabad, Pakistan; and Magnum Arcade, Apt #207, 2nd Floor North Strip Federation Markaz,
Islamabad, Pakistan.
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89 FR [INSERT FEDERAL REGISTER
PAGE NUMBER], October 16, 2024.
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Pegasus Technic Services, a.k.a. Pegasus Teknik Servis and Air Technic Services, OBA Mah. Karakuslar Sk. Berfin Sitesi, B Blok No: 2B No: 2 Alanya, Antalya, Türkiye.
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Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Rules and Regulations
Country
Listed person and address
Federal Register citation
Vast Polymers, Ambalaj Sanayi Ve Ticaret Limited Sirketi, a.k.a. Novaroll, Atakoy
7–8–9–10, Kisim Mah. Cobancesme, E–5 Yan Yol Cad. A No: 22/1 Ic Kapi: 164
Bakirkoy, Istanbul, Türkiye.
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Matthew S. Borman,
Principal Deputy Assistant Secretary for
Strategic Trade and Technology Security.
[FR Doc. 2024–23638 Filed 10–15–24; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2023–0002; T.D. TTB–197;
Ref: Notice No. 221]
RIN 1513–AC78
Establishment of the Crystal Springs
of Napa Valley Viticultural Area;
Modification of the Calistoga
Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) establishes the
approximately 4,000-acre ‘‘Crystal
Springs of Napa Valley’’ American
viticultural area (AVA) in Napa County,
California. The newly-established AVA
is located entirely within the existing
North Coast and Napa Valley
viticultural areas. TTB also is modifying
the existing Calistoga AVA in response
to comments received during the
comment period. TTB designates
viticultural areas to allow vintners to
better describe the origin of their wines
and to allow consumers to better
identify wines they may purchase.
DATES: This final rule is effective
November 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
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for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels, and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated the functions
and duties in the administration and
enforcement of these provisions to the
TTB Administrator through Treasury
Order 120–01.
Part 4 of the TTB regulations (27 CFR
part 4) authorizes TTB to establish
definitive viticultural areas and regulate
the use of their names as appellations of
origin on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) sets forth
standards for the preparation and
submission to TTB of petitions for the
establishment or modification of
American viticultural areas (AVAs) and
lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region having
distinguishing features as described in
part 9 of the regulations and, once
approved, a name and a delineated
boundary codified in part 9 of the
regulations. These designations allow
vintners and consumers to attribute a
given quality, reputation, or other
characteristic of a wine made from
grapes grown in an area to the wine’s
geographic origin. The establishment of
AVAs allows vintners to describe more
accurately the origin of their wines to
consumers and helps consumers to
identify wines they may purchase.
Establishment of an AVA is neither an
approval nor an endorsement by TTB of
the wine produced in that area.
Requirements
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
the procedure for proposing an AVA
and allows any interested party to
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petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes standards for petitions to
establish or modify AVAs. Petitions to
establish an AVA must include the
following:
• Evidence that the area within the
proposed AVA boundary is nationally
or locally known by the AVA name
specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
• A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA;
• If the proposed AVA is to be
established within, or overlapping, an
existing AVA, an explanation that both
identifies the attributes of the proposed
AVA that are consistent with the
existing AVA and explains how the
proposed AVA is sufficiently distinct
from the existing AVA and therefore
appropriate for separate recognition;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
proposed AVA clearly drawn thereon;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
Crystal Springs of Napa Valley Petition
TTB received a petition from Steven
Burgess, president of Burgess Cellars,
Inc., proposing to establish the ‘‘Crystal
Springs of Napa Valley’’ AVA. Mr.
Burgess submitted the petition on behalf
of local vineyard owners and
winemakers. The proposed AVA is
located in Napa County, California, and
lies entirely within the established
North Coast (27 CFR 9.30) and Napa
Valley (27 CFR 9.23) AVAs. Within the
proposed AVA, there are approximately
30 commercial vineyards covering a
total of approximately 230 acres. The
distinguishing feature of the proposed
Crystal Springs of Napa Valley AVA is
its topography.
The petition describes the proposed
AVA as an ‘‘all hillside’’ region with no
E:\FR\FM\16OCR1.SGM
16OCR1
]]>Agencies
[Federal Register Volume 89, Number 200 (Wednesday, October 16, 2024)]
[Rules and Regulations]
[Pages 83428-83431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23638]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 241004-0262]
RIN 0694-AJ91
Revisions to the Unverified List
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) by adding eight persons to the
Unverified List (UVL). Of the eight persons being added, three are
under the destination of China, People's Republic of (China); two are
under the destination of Germany; one is under the destination of
Pakistan; and two are under the destination of T[uuml]rkiye. BIS is
also amending the EAR by removing two persons from the UVL. Of the two
persons being removed, one is under the destination of Saudi Arabia,
and the other is under the destination of China.
DATES: This rule is effective October 16, 2024.
FOR FURTHER INFORMATION CONTACT: Deniz Muslu, Director, Office of
Enforcement Analysis, Phone: (202) 482-4255, Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The Unverified List (UVL), found in supplement no. 6 to part 744 of
the EAR (15 CFR parts 730-774), contains the names and addresses of
foreign persons who are or have been parties to a transaction, as
described in Sec. 748.5 of the EAR, involving the export, reexport, or
transfer (in-country) of items subject to the EAR. These foreign
persons are added to the UVL because BIS or federal officials acting on
BIS's behalf were unable to verify their bona fides (i.e., legitimacy
and reliability relating to the end use and end user of items subject
to the EAR) through the completion of an end-use check. Sometimes these
checks, such as a pre-license check (PLC) or a post-shipment
verification (PSV), cannot be completed satisfactorily for reasons
outside the U.S. Government's control.
There are any number of reasons why these checks cannot be
completed to the satisfaction of the U.S. Government. The reasons
include, but are not limited to: (1) reasons unrelated to the
cooperation of the foreign party subject to the end-use check (e.g.,
BIS sometimes initiates end-use checks but is unable to complete them
because the foreign party cannot be found at the address indicated on
the associated export documents and BIS cannot contact the party by
telephone or email); (2) reasons related to a lack of cooperation by a
host government that fails to schedule and facilitate the completion of
an end-use check (e.g., a host government agencies' lack of responses
to requests to conduct end-use checks, actions preventing the
scheduling of such checks, or refusals to schedule checks in a timely
manner); or (3) when, during the end-use check, a recipient of items
subject to the EAR is
[[Page 83429]]
unable to produce the items that are the subject of the end-use check
for visual inspection or provide sufficient documentation or other
evidence to confirm the disposition of the items.
BIS's inability to confirm the bona fides of foreign persons
subject to end-use checks raises concerns about the suitability of such
persons as participants in future exports, reexports, or transfers (in-
country) of items subject to the EAR; an inability to confirm bona
fides also indicates a risk that such items may be diverted to
prohibited end uses and/or end users. Under such circumstances, there
may not be sufficient information to add the foreign person at issue to
the Entity List (supplement no. 4 to part 744 of the EAR). Therefore,
BIS may add the foreign person to the UVL.
As provided in Sec. 740.2(a)(17) of the EAR, the use of license
exceptions for exports, reexports, and transfers (in-country) involving
a party or parties to the transaction who are listed on the UVL is
suspended. Additionally, under Sec. 744.15(b) of the EAR, there is a
requirement for exporters, reexporters, and transferors to obtain (and
maintain a record of) a UVL statement from a party or parties to a
transaction who are listed on the UVL before proceeding with exports,
reexports, and transfers (in-country) to such persons, when the items
to be exported, reexported or transferred (in-country) are not subject
to a license requirement. Finally, pursuant to Sec. 758.1(b)(8),
Electronic Export Information (EEI) must be filed in the Automated
Export System (AES) for all exports of tangible items subject to the
EAR where parties to the transaction, as described in Sec. 748.5(d)
through (f), are listed on the UVL.
Requests for the removal of a UVL entry must be made in accordance
with Sec. 744.15(d) of the EAR. Decisions regarding the removal or
modification of UVL entry will be made by the Deputy Assistant
Secretary for Export Enforcement, based on a demonstration by the
listed person of their bona fides. As provided in Sec. 744.15(c)(2) of
the EAR, BIS will remove a person from the UVL when BIS is able to
verify the bona fides of the listed person.
Additions to the UVL
This rule adds eight persons to the UVL by amending supplement no.
6 to part 744 of the EAR to include their names and addresses. BIS is
adding these persons pursuant to Sec. 744.15(c) of the EAR. This final
rule implements the decision to add the following eight persons located
in the following destinations to the UVL: Hengye Technology Co., Ltd.;
Skytop Electronics Ltd.; and YXS Technology Co., Ltd., under the
destination of China; Arabian Aviation Trade Group and Tiptrans
Limited, under the destination of Germany; Marshal Traders, under the
destination of Pakistan; and Pegasus Technic Services and Vast
Polymers, Ambalaj Sanayi Ve Ticaret Limited Sirketi, under the
destination of T[uuml]rkiye.
Removals From the UVL
This rule removes two persons from the UVL because BIS was able to
verify their bona fides. This rule removes the following two persons
located in the following destinations from the UVL: Shengwei Technology
Co., Ltd., under the destination of China; and Al Gihaz Co., Ltd. for
Contracting and Trading, under the destination of Saudi Arabia. BIS is
removing these persons pursuant to Sec. 744.15(c)(2) of the EAR.
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 final rule. In
particular, section 1753 of ECRA (50 U.S.C. 4812) authorizes the
regulation of exports, reexports, and transfers (in-country) of items
subject to U.S. jurisdiction. Further, section 1754(a)(1)-(16) of ECRA
(50 U.S.C. 4813(a)(1)-(16)) authorizes, inter alia, requiring measures
for compliance with the export controls established under ECRA;
requiring and obtaining such information from U.S. persons and foreign
persons as is necessary to carry out ECRA; apprising the public of
changes in policy, regulations, and procedures; and any other action
necessary to carry out ECRA that is not otherwise prohibited by law.
Pursuant to section 1762(a) of ECRA (50 U.S.C. 4821(a)), these changes
can be imposed in a final rule without prior notice and comment.
Savings Clause
Shipments (1) that are removed from license exception eligibility
or that are now subject to requirements in Sec. 744.15 of the EAR as a
result of this regulatory action; (2) that were eligible for export,
reexport, or transfer (in-country) without a license before this
regulatory action; and (3) that were on dock for loading, on lighter,
laden aboard an exporting carrier, or enroute aboard a carrier to a
port of export, on October 16, 2024, pursuant to actual orders, may
proceed to that UVL listed person under the previous license exception
eligibility or without a license and pursuant to the export clearance
requirements set forth in part 758 of the EAR that applied prior to
this person being listed on the UVL, so long as the items have been
exported from the United States, reexported or transferred (in-country)
before November 15, 2024. Any such items not actually exported,
reexported or transferred (in-country) before midnight on November 15,
2024 are subject to the requirements in Sec. 744.15 of the EAR in
accordance with this rule.
Executive Order Requirements
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, distribute 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 final rule is not a ``significant regulatory action''
under Executive Order 12866.
This rule does not contain policies with federalism implications as
that term is defined under Executive Order 13132.
Paperwork Reduction Act Requirements
Notwithstanding any other provision of law, no person is required
to respond to, nor is 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.
The UVL additions contain collections of information approved by
OMB under the following control numbers:
OMB Control Number 0694-0088--Simple Network Application
Process and Multipurpose Application Form
OMB Control Number 0694-0122--Miscellaneous Licensing
Responsibilities and Enforcement
OMB Control Number 0694-0134--Entity List and Unverified List
Requests,
OMB Control Number 0694-0137--License Exemptions and
Exclusions.
BIS believes that the overall increases in burdens and costs will
be minimal
[[Page 83430]]
and will fall within the already approved amounts for these existing
collections. Additional information regarding these collections of
information--including all background materials--can be found at
https://www.reginfo.gov/public/do/PRAMain by using the search function
to enter either the title of the collection or the OMB Control Number.
Administrative Procedure Act and Regulatory Flexibility Act
Requirements
Pursuant to section 1762 of ECRA (50 U.S.C. 4821), this action is
exempt from the Administrative Procedure Act (5 U.S.C. 553)
requirements for notice of proposed rulemaking and opportunity for
public participation.
Further, no other law requires notice of proposed rulemaking or
opportunity for public comment for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required under the Administrative Procedure Act or by any other law,
the analytical requirements of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) are not applicable.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730 through 774) is amended as follows:
PART 744--CONTROL POLICY: END-USER AND END-USE BASED
0
1. The authority citation for 15 CFR part 744 is revised 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, 2024, 89 FR 77011 (September 23, 2024).
0
2. Supplement no. 6 to part 744 is amended:
0
a. Under CHINA, PEOPLE'S REPUBLIC OF, by:
0
i. Adding the entry, in alphabetical order, for ``Hengye Technology
Co., Ltd.;''
0
ii. Removing the entry for ``Shengwei Technology Co., Ltd.;'' and
0
iii. Adding the entries, in alphabetical order, for ``Skytop
Electronics Ltd.'' and ``YXS Technology Co., Ltd.;''
0
b. Under GERMANY, by adding entries, in alphabetical order, for
``Arabian Aviation Trade Group'' and ``Tiptrans Limited;''
0
c. Under PAKISTAN, by adding an entry, in alphabetical order, for
``Marshal Traders;''
0
d. Removing the entry for SAUDI ARABIA; and
0
e. Under T[Uuml]RKIYE, by adding an entry, in alphabetical order, for
``Pegasus Technic Services'' and ``Vast Polymers, Ambalaj Sanayi Ve
Ticaret Limited Sirketi.''
The additions read as follows:
Supplement No. 6 to Part 744--Unverified List
* * * * *
------------------------------------------------------------------------
Listed person and Federal Register
Country address citation
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* * * * * * *
CHINA, PEOPLES REPUBLIC * * * * * *
OF.
Hengye Technology Co., 89 FR [INSERT
Ltd., 1602 Zhonghang FEDERAL REGISTER
Road, Dingcheng PAGE NUMBER],
International Building, October 16, 2024.
Futian District,
Shenzhen, Guangdong,
China.
* * * * * *
Skytop Electronics Ltd., 89 FR [INSERT
Room 619, Park Fook FEDERAL REGISTER
Industrial Building, PAGE NUMBER],
615-617 Tai Nan West October 16, 2024.
Street, Cheung Sha Wan,
Kowloon, Hong Kong; and
7/F, MW Tower, 111
Bonham Strand, Sheung
Wan, Hong Kong.
* * * * * *
YXS Technology Co., 89 FR [INSERT
Ltd., Room 608, 6/F, FEDERAL REGISTER
West Tower, Fiyta PAGE NUMBER],
Building, Huaqian North October 16, 2024.
Street, Futian
District, Shenzhen,
Guangdong, China.
* * * * * *
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* * * * * * *
GERMANY.................. Arabian Aviation Trade 89 FR [INSERT
Group, a.k.a. AAT, FEDERAL REGISTER
Wassmanstrasse 16, PAGE NUMBER],
D30459 Hannover, October 16, 2024.
Germany.
* * * * * *
Tiptrans Limited, 89 FR [INSERT
Hauptstrasse 22, D02727 FEDERAL REGISTER
Neugersdorg, Germany. PAGE NUMBER],
October 16, 2024.
* * * * * *
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* * * * * * *
PAKISTAN................. * * * * * *
Marshal Traders, Office- 89 FR [INSERT
5, 41st Street, Block-H FEDERAL REGISTER
Soan Garden, Islamabad, PAGE NUMBER],
Pakistan; and Magnum October 16, 2024.
Arcade, Apt #207, 2nd
Floor North Strip
Federation Markaz,
Islamabad, Pakistan.
* * * * * *
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T[Uuml]RKIYE............. * * * * * *
Pegasus Technic 89 FR [INSERT
Services, a.k.a. FEDERAL REGISTER
Pegasus Teknik Servis PAGE NUMBER],
and Air Technic October 16, 2024.
Services, OBA Mah.
Karakuslar Sk. Berfin
Sitesi, B Blok No: 2B
No: 2 Alanya, Antalya,
T[uuml]rkiye.
* * * * * *
[[Page 83431]]
Vast Polymers, Ambalaj 89 FR [INSERT
Sanayi Ve Ticaret FEDERAL REGISTER
Limited Sirketi, a.k.a. PAGE NUMBER],
Novaroll, Atakoy 7-8-9- October 16, 2024.
10, Kisim Mah.
Cobancesme, E-5 Yan Yol
Cad. A No: 22/1 Ic
Kapi: 164 Bakirkoy,
Istanbul, T[uuml]rkiye.
* * * * * * *
------------------------------------------------------------------------
Matthew S. Borman,
Principal Deputy Assistant Secretary for Strategic Trade and Technology
Security.
[FR Doc. 2024-23638 Filed 10-15-24; 8:45 am]
BILLING CODE 3510-33-P
