5 December 2008
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[Federal Register: December 5, 2008 (Volume 73, Number 235)]
[Rules and Regulations]
[Page 73999-74003]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de08-3]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 0809191235-81395-01]
RIN 0694-AE48
Addition of Certain Persons to the Entity List: Persons Acting
Contrary to the National Security or Foreign Policy Interests of the
United States
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: This rule amends the Export Administration Regulations (EAR)
by adding additional persons to the Entity List (Supplement No. 4 to
Part 744) on the basis of Section 744.11 of the EAR. This rule is the
second rule to add persons to the Entity List on the basis of Section
744.11 of the EAR. These additional persons being added to the Entity
List have been determined by the U.S. Government to be acting contrary
to the national security or foreign policy interests of the United
States. The first rule that added persons to the Entity List on the
basis of Section 744.11 of the EAR was published on September 22, 2008
(73 FR 54499).
The Entity List provides notice to the public that certain exports
and reexports to parties identified on the Entity List require a
license from the Bureau of Industry and Security (BIS) and that
[[Page 74000]]
availability of License Exceptions in such transactions is limited.
DATES: Effective Date: This rule is effective December 5, 2008.
Although there is no formal comment period, public comments on this
regulation are welcome on a continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AE48, by any
of the following methods:
E-mail: publiccomments@bis.doc.gov Include ``RIN 0694-AE48'' in the
subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy Division,
by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230,
Attn: RIN 0694-AE48.
Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to
Jasmeet K. Seehra, Office of Management and Budget (OMB), by e-mail to
Jseehra@omb.eop.gov, or by fax to (202) 395-7285; and to the Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, 14th St. & Pennsylvania Avenue, NW., Room 2705, Washington,
DC 20230. Comments on this collection of information should be
submitted separately from comments on the final rule (i.e. RIN 0694-
AE48)--all comments on the latter should be submitted by one of the
three methods outlined above.
FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, End-User Review
Committee, Office of the Assistant Secretary, Export Administration,
Bureau of Industry and Security, Department of Commerce, Phone: (202)
482-3811, Fax: (202) 482-3911, E-mail: kniesv@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
In Supplement No. 4 to part 744 (The Entity List), this rule adds
fifteen (15) persons to the Entity List on the basis of Section 744.11
of the EAR. In total, this rule adds 16 new entries to the Entity List,
including one additional entry for a newly added person with multiple
addresses. The Entity List provides notice to the public that certain
exports and reexports to parties identified on the Entity List require
a license from the Bureau of Industry and Security (BIS) and that
availability of License Exceptions in such transactions is limited.
These additional persons being added to the Entity List have been
determined by the U.S. Government to be acting contrary to the national
security or foreign policy interests of the United States.
Specifically, these parties are of concern to the United States
Government under Section 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.
ERC Entity List Decisions
Pursuant to Supplement No. 5 to Part 744 (Procedures for End-User
Review Committee Entity List Decisions), the End-User Review Committee
(ERC) made the decision to add these 15 persons to the Entity List on
the basis of Section 744.11. The ERC, composed of representatives of
the Departments of Commerce, State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions to make additions to,
removals from or changes to the Entity List. The ERC is chaired by the
Department of Commerce and will make all decisions to add an entry to
the Entity List by majority vote and all decisions to remove or modify
an entry by unanimous vote.
The ERC reviewed Section 744.11(b) (Criteria for Revising the
Entity List) in making this determination to add these persons to the
Entity List. Under that paragraph, entities for which there is
reasonable cause to believe, based on specific and articulable facts,
that the entity has been involved, is involved, or poses a significant
risk of being or becoming involved in activities that are contrary to
the national security or foreign policy interests of the United States
and those acting on behalf of such entities may be added to the Entity
List pursuant to Section 744.11.
Paragraph (b) includes an illustrative list of activities that
could be contrary to the national security or foreign policy interests
of the United States. This illustrative list of activities of concern
is described under paragraphs (b)(1)-(b)(5). The persons being added to
the Entity List with this rule have been determined by the ERC to be
involved in activities that could be contrary to the national security
or foreign policy interests of the United States.
Implementation of the ERC Decision
This rule implements the decision of the ERC to add these 15
persons to the Entity List on the basis of Section 744.11 of the EAR.
For all of the persons being added to the Entity List, the ERC decided
to specify a license requirement for all items subject to the EAR and
establish a license application review policy of a general policy of
denial. A license requirement applies to any transaction in which items
are to be exported or reexported to such persons or in which such
persons act as purchaser, intermediate consignee, ultimate consignee,
or end-user. In addition, the ERC decided that no license exceptions
are available for shipments to those persons being added to the Entity
List.
Specifically, this rule adds the following 15 persons/16 entries to
the Entity List:
Iran
(1) Amir Hosein Atabaki, 5 Yaas St, Unit 4, Tehran, Iran;
(2) H. Farahani, Ground Floor--No. 31, Alborz Alley, EnghelabSt,
Tehran, Iran;
(3) Mahdi Electronics, Ground Floor--No. 31 Alborz Alley,
EnghelabSt, Tehran, Iran;
(4) Naser Golshekan, Ground Floor--No. 31, Alborz Alley,
EnghelabSt, Tehran, Iran;
(5) Pakgostar Company, Appt 501 & 502, Borje Sefid Bldg, Pasadaran
Avenue, Tehran 1946963651, Iran;
(6) Raht Aseman, No. 1.2, Mosque Alley, Mohammadi St, North Bahar
Ave, Tehran, Iran;
(7) Reza Zahedipour, 5 Yaas St, Unit 4, Tehran, Iran;
(8) Safir Electronics, Ground Floor--No. 31 Alborz Alley,
EnghelabSt. Tehran, Iran; and
(9) Sahab Phase, 5 Yaas St, Unit 4 Tehran, Iran.
Singapore
(10) Brian Douglas Woodford, 1 Scotts Road, Suite 25-06 Shaw
Centre, Singapore 228208 (See alternate listing under the United
Kingdom);
(11) Gryphon Aerospace, 36 Lorong N Telok Kurau Unit 03-
03, Singapore 425160;
(12) Monarch Aviation, 1 Scotts Road, Suite 25-06 Shaw Centre,
Singapore 228208; and
(13) Yip Kum Kuan, 36 Lorong N Telok Kurau, Unit 03-03,
Singapore 425160.
United Kingdom
(14) Brian Douglas Woodford, (See alternate address under
Singapore);
(15) Farshid Gillardian, a.k.a., Isaac Gill, Isaac Gillardian,
London, United Kingdom; and
(16) MCES, London, United Kingdom.
Under these entries on the Entity List, a BIS license is required
for the export or reexport of any item subject to the EAR to any of the
persons listed above,
[[Page 74001]]
including any transaction in which any of the listed persons will act
as purchaser, intermediate consignee, ultimate consignee, or end-user
of the items. This listing of these persons also prohibits the use of
License Exceptions (see part 740 of the EAR) for exports and reexports
of items subject to the EAR involving such persons.
Technical Corrections and Clarifications to Previously Listed Entities
This rule makes two technical corrections, to correct two
inadvertent misspellings of Kuala Lumpur that were included in two
Malaysian entities added to the Entity List in the EAR final rule
published on September 22, 2008 (73 FR 54499). In addition, this rule
makes a clarification to one U.A.E. entity added to the Entity List, in
the final rule published on September 22, 2008. This U.A.E. entity,
Advanced Technology General Trading Company, is a co-located entity
with addresses listed under the U.A.E. and Kuwait. However, the same
Kuwaiti address was listed under both the U.A.E. and Kuwaiti entries
for this entity. This rule removes the Kuwaiti address from the U.A.E.
entry of this entity and provides a cross reference to the alternate
address under Kuwait.
Savings Clause
Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were on dock for loading, on lighter, laden
aboard an exporting or reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on December 5, 2008, pursuant
to actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previous eligibility for a
License Exception or export or reexport without a license (NLR) so long
as they are exported or reexported before January 5, 2009. Any such
items not actually exported or reexported before midnight, on January
5, 2009, require a license in accordance with this rule.
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of July 23, 2008,
73 FR 43603 (July 23, 2008), has continued the Export Administration
Regulations in effect under the International Emergency Economic Powers
Act.
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 nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. Total burden hours associated with the Paperwork Reduction
Act and Office and Management and Budget control number 0694-0088 are
expected to increase slightly 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. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States. (See 5 U.S.C. 553(a)(1)). Further, no other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule by 5 U.S.C. 553, or by any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
0
Accordingly, part 744 of the Export Administration Regulations (15 CFR
parts 730-774) is amended as follows:
PART 744--[AMENDED]
0
1. The authority citation for 15 CFR part 744 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of July 23, 2008, 73 FR 43603 (July
25, 2008); Notice of November 10, 2008, 73 FR 67097 (November 12,
2008).
0
2. Supplement No. 4 to part 744 is amended:
0
(a) By adding under Iran, in alphabetical order, nine Iranian entities;
0
(b) By revising under Malaysia, two Malaysian entities;
0
(c) By adding under Singapore, in alphabetical order, four Singaporean
entities;
0
(d) By revising under United Arab Emirates, one U.A.E. entity, and
0
(e) By adding, in alphabetical order, the country of the United Kingdom
and three UK entities, to read as follows:
Supplement No. 4 to Part 744--Entity List
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Country Entity License requirement License review policy Federal Register citation
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* * * * * * *
Iran.............................. Amir Hosein Atabaki, 5 For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Yaas St, Unit 4, Tehran, EAR. (See Sec. 744.11 of the 12/5/08.
Iran. EAR).
[[Page 74002]]
* * * * * * *
H. Farahani, Ground Floor-- For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
No. 31, Alborz Alley, EAR. (See Sec. 744.11 of the 12/5/08.
EnghelabSt, Tehran, Iran. EAR).
* * * * * * *
Mahdi Electronics, Ground For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Floor--No. 31 Alborz EAR. (See Sec. 744.11 of the 12/5/08.
Alley, EnghelabSt, EAR).
Tehran, Iran.
* * * * * * *
Naser Golshekan, Ground For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Floor--No. 31, Alborz EAR. (See Sec. 744.11 of the 12/5/08.
Alley, EnghelabSt, EAR).
Tehran, Iran.
* * * * * * *
Pakgostar Company, Appt For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
501 & 502, Borje Sefid EAR. (See Sec. 744.11 of the 12/5/08.
Bldg, Pasadaran Avenue, EAR).
Tehran 1946963651, Iran.
* * * * * * *
Raht Aseman, No. 1.2, For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Mosque Alley, Mohammadi EAR. (See Sec. 744.11 of the 12/5/08.
St, North Bahar Ave, EAR).
Tehran, Iran.
Reza Zahedipour, 5 Yaas For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
St, Unit 4, Tehran, Iran. EAR. (See Sec. 744.11 of the 12/5/08.
EAR).
Safir Electronics, Ground For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
floor No. 31 Alborz EAR. (See Sec. 744.11 of the 12/5/08.
Alley, EnghelabSt. EAR).
Tehran, Iran.
Sahab Phase, 5 Yaas St, For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Unit 4 Tehran, Iran. EAR. (See Sec. 744.11 of the 12/5/08.
EAR).
* * * * * * *
Malaysia.......................... Analytical Solutions, For all items subject to the Presumption of denial 73 FR 54508 9/22/08.
GB (Ground EAR. (See Sec. 744.11 of the 73 FR [INSERT FR PAGE NUMBER]
Floor), Pearl Tower, O.G. EAR). 12/5/08.
Heights, Jalan Awan Cina,
58200 Kuala Lumpur,
Malaysia.
* * * * * * *
Mohd Ansari, GB For all items subject to the Presumption of denial 73 FR 54508 9/22/08.
(Ground Floor), Pearl EAR. (See Sec. 744.11 of the 73 FR [INSERT FR PAGE NUMBER]
Tower, O.G. Heights, EAR). 12/5/08.
Jalan Awan Cina, 58200
Kuala Lumpur, Malaysia.
* * * * * * *
Singapore......................... Brian Douglas Woodford, 1 For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Scotts Road, Suite 25-06 EAR. (See Sec. 744.11 of the 12/5/08.
Shaw Centre, Singapore EAR).
228208 (See alternate
address under the United
Kingdom).
* * * * * * *
Gryphon Aerospace, 36 For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Lorong N Telok Kurau Unit EAR. (See Sec. 744.11 of the 12/5/08.
03-03, Singapore EAR).
425160.
Monarch Aviation, 1 Scotts For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Road, Suite 25-06 Shaw EAR. (See Sec. 744.11 of the 12/5/08.
Centre, Singapore 228208. EAR).
[[Page 74003]]
* * * * * * *
Yip Kum Kuan, 36 Lorong N For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Telok Kurau, Unit 03-03, Singapore 425160. EAR).
* * * * * * *
United Arab Emirates.............. Advanced Technology For all items subject to the Presumption of denial 73 FR 54509 9/22/08.
General Trading Company, EAR. (See Sec. 744.11 of the 73 FR [INSERT FR PAGE NUMBER]
U.A.E. (See alternate EAR). 12/5/08.
address under Kuwait).
* * * * * * *
United Kingdom.................... Brian Douglas Woodford For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
(See alternate address EAR. (See Sec. 744.11 of the 12/5/08.
under Singapore). EAR).
Farshid Gillardian, For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
a.k.a., Isaac Gill, Isaac EAR. (See Sec. 744.11 of the 12/5/08.
Gillardian, London, EAR).
United Kingdom.
MCES, London, United For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Kingdom. EAR. (See Sec. 744.11 of the 12/5/08.
EAR).
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Dated: December 2, 2008.
Christopher R. Wall,
Assistant Secretary for Export Administration.
[FR Doc. E8-28872 Filed 12-4-08; 8:45 am]
BILLING CODE 3510-33-P