80 FR 31834 - Addition of Certain Person to the Entity List
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 80, Issue 107 (June 4, 2015)
Bureau of Industry and Security
Federal Register Volume 80, Issue 107 (June 4, 2015)
| Page Range | 31834-31836 | |
| FR Document | 2015-13632 |
[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)] [Rules and Regulations] [Pages 31834-31836] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13632] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 150304211-5211-01] RIN 0694-AG55 Addition of Certain Person to the Entity List AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding one person to the Entity List. The person who is added to the Entity List is located in Ecuador and has been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This person will be listed on the Entity List under the destination of Ecuador. DATES: Effective Date: This rule is effective June 4, 2015. FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, Email: [email protected]. SUPPLEMENTARY INFORMATION: Background The Entity List notifies the public about entities that have engaged in activities that could result in an [[Page 31835]] increased risk of the diversion of exported, reexported or transferred (in-country) items to weapons of mass destruction (WMD) programs. Since its initial publication, grounds for inclusion on the Entity List have expanded to include activities sanctioned by the State Department and activities contrary to U.S. national security or foreign policy interests. Certain exports, reexports, and transfers (in-country) to entities identified on the Entity List require licenses from BIS and are usually subject to a policy of denial. The availability of license exceptions in such transactions is very limited. The license review policy for each entity is identified in the license review policy column on the Entity List and the availability of license exceptions is noted in the Federal Register notices adding persons to the Entity List. BIS places entities on the Entity List based on certain sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR. The End-User Review Committee (ERC), composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List. The ERC makes all decisions to add an entry to the Entity List by majority vote and all decisions to remove or modify an entry by unanimous vote. This rule implements a decision of the Advisory Committee on Export Policy (ACEP), which the ERC has deemed to also be the decision of the ERC in this matter, to approve this change to the Entity List. ERC Entity List Decision Addition to the Entity List Under Sec. 744.11(b) (Criteria for revising the Entity List) of the EAR, persons for whom there is reasonable cause to believe, based on specific and articulable facts, have been involved, are involved, or pose a significant risk of being or becoming involved in, activities that are contrary to the national security or foreign policy interests of the United States and those acting on behalf of such persons may be added to the Entity List. The person being added to the Entity List has been determined to be involved in activities that are contrary to the national security or foreign policy interests of the United States. Paragraphs (b)(1) through (b)(5) of Sec. 744.11 include an illustrative list of activities that could be contrary to the national security or foreign policy interests of the United States. The Departments represented on the ERC, by way of a decision of the ACEP, which the ERC has deemed to also be the decision of the ERC in this matter, determined that the person being added to the Entity List under the destination of Ecuador has been involved in activities contrary to the national security and foreign policy interests of the United States. There is reasonable cause to believe that the Corporacion Nacional de Telecommunicaciones (CNT), the state-owned telecommunications utility in Ecuador, has been involved, is involved, or poses a significant risk of being or becoming involved in, activities that are contrary to the foreign policy interests of the United States as defined in Sec. 744.11(b) of the EAR. Pursuant to Sec. 744.11(b) of the EAR, the Departments represented on the ERC by way of a decision of the ACEP, which the ERC has deemed to also be the decision of the ERC in this matter, determined that the conduct of this person raises sufficient concern that prior review of exports, reexports, or transfers (in-country) of items subject to the EAR involving this person, and the possible imposition of license conditions or license denials on shipments to the person, will enhance BIS's ability to prevent violations of the EAR. For the one person added to the Entity List, BIS imposes a license requirement for any transaction in which items classified under Export Control Classification Numbers (ECCNs) 5D002 or 5A002 are to be exported, reexported, or transferred (in-country) to this person or in which such person acts as purchaser, intermediate consignee, ultimate consignee, or end-user. The license review policy will be case-by-case review. In addition, no license exceptions are available for exports, reexports, or transfers (in-country) to the person being added to the Entity List in this rule for items classified under ECCNs 5D002 or 5A002. This final rule adds the following person to the Entity List: Ecuador (1) Corporacion Nacional de Telecommunicaciones (CNT), Avenida Gaspar de Villaroel Quito, Ecuador; and Avda. Veintimilla, Suite 1149 y Amazonas, Edificio Estudio Z, Quito, Ecuador. Savings Clause Shipments of items removed from eligibility for a License Exception or export or reexport without a license (NLR) as a result of this regulatory action that were en route aboard a carrier to a port of export or reexport, on June 4, 2015, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export or reexport without a license (NLR). Export Administration Act 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 amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of August 7, 2014, 79 FR 46959 (August 11, 2014), has continued the Export Administration Regulations in effect under the International Emergency Economic Powers Act. BIS continues to carry out the provisions of the Export Administration Act, as appropriate and to the extent permitted by law, pursuant to Executive Order 13222 as amended by Executive Order 13637. Rulemaking Requirements 1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866. 2. Notwithstanding any other provision of law, no person is required to respond to nor be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This regulation involves collections previously approved by OMB under control number 0694-0088, Simplified Network Application Processing System, which includes, among other things, license applications and carries a burden estimate of 43.8 minutes for a manual or electronic submission. Total burden hours associated with the PRA and OMB control number 0694-0088 are not expected to increase as a result of this [[Page 31836]] rule. You may send comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by email to [email protected], or by fax to (202) 395-7285. 3. This rule does not contain policies with Federalism implications as that term is defined in Executive Order 13132. 4. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public comment 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)). BIS implements this rule to protect U.S. national security or foreign policy interests by preventing items from being exported, reexported, or transferred (in country) to the person being added to the Entity List. If this rule were delayed to allow for notice and comment and a delay in effective date, then the entity being added to the Entity List by this action would continue to be able to receive items without a license and to conduct activities contrary to the national security or foreign policy interests of the United States. In addition, publishing a proposed rule would give this party notice of the U.S. Government's intention to place them on the Entity List and would create an incentive for this person to either accelerate receiving items subject to the EAR to conduct activities that are contrary to the national security or foreign policy interests of the United States, and/or to take steps to set up additional aliases, change addresses, and other measures to try to limit the impact of the listing on the Entity List once a final rule was published. 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. Accordingly, no regulatory flexibility analysis is required and none has been prepared. List of Subjects in 15 CFR Part 744 Exports, Reporting and recordkeeping requirements, Terrorism. Accordingly, part 744 of the Export Administration Regulations (15 CFR parts 730-774) is amended as follows: PART 744--[AMENDED] 0 1. The authority citation for 15 CFR part 744 continues to read as follows: Authority: 50 U.S.C. 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 August 7, 2014, 79 FR 46959 (August 11, 2014); Notice of September 17, 2014, 79 FR 56475 (September 19, 2014); Notice of November 7, 2014, 79 FR 67035 (November 12, 2014); Notice of January 21, 2015, 80 FR 3461 (January 22, 2015). 0 2. Supplement No. 4 to part 744 is amended by adding in alphabetical order the destination of Ecuador under the Country Column, and one Ecuadorian entity to read as follows: Supplement No. 4 to Part 744--Entity List ---------------------------------------------------------------------------------------------------------------- License review Federal Register Country Entity License requirement policy citation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- ECUADOR................ * * * * * * Corporacion Nacional de For items Case-by-case 80 FR [INSERT FR Telecommunicaciones (CNT), classified under review. PAGE NUMBER] 6/4/ Avenida Gaspar de Villaroel Export Control 15. Quito, Ecuador; and Avda. Classification Veintimilla, Suite 1149 y Numbers (ECCNs) Amazonas, Edificio Estudio 5D002 or 5A002. Z, Quito, Ecuador. (See Sec. 744.11 of the EAR). ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Dated: May 29, 2015. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2015-13632 Filed 6-3-15; 8:45 am] BILLING CODE 3510-33-P
![31834 Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Rules and Regulations
SW., Washington, DC 20591, or by (b) The launch of an amateur rocket ■ 4. Amend § 401.5 by adding the
calling (202) 267–9680. as defined in § 1.1 of chapter I of this definition of tether system in
title; or alphabetical order to read as follows:
B. Comments Submitted to the Docket (c) A launch of a tethered launch
Comments received may be viewed by vehicle that meets all the following § 401.5 Definitions.
going to http://www.regulations.gov and criteria: * * * * *
following the online instructions to (1) Launch vehicle. The launch Tether system means a device that
search the docket number for this vehicle must— contains launch vehicle hazards by
action. Anyone is able to search the (i) Be unmanned; physically constraining a launch vehicle
electronic form of all comments (ii) Be powered by a liquid or hybrid in flight to a specified range from its
received into any of the FAA’s dockets rocket motor; launch point. A tether system includes
by the name of the individual (iii) Not use any of the toxic all components, from the tether’s point
submitting the comment (or signing the propellants of Table I417–2 and Table of attachment to the vehicle to a solid
comment, if submitted on behalf of an I417–3 in Appendix I of part 417 of this base, that experience load during a
association, business, labor union, etc.). chapter; and tethered launch.
(iv) Carry no more than 5,000 pounds * * * * *
C. Small Business Regulatory of propellant.
Enforcement Fairness Act (2) Tether system. The tether system Issued under authority provided by 49
must— U.S.C. 106(f) in Washington, DC, on May 18,
The Small Business Regulatory 2015.
Enforcement Fairness Act (SBREFA) of (i) Not yield or fail under—
(A) The maximum dynamic load on Michael P. Huerta,
1996 requires the FAA to comply with
small entity requests for information or the system; or Administrator.
(B) A load equivalent to two times the [FR Doc. 2015–13557 Filed 6–3–15; 8:45 am]
advice about compliance with statutes
maximum potential engine thrust. BILLING CODE 4910–13–P
and regulations within its jurisdiction.
(ii) Have a minimum safety factor of
A small entity with questions regarding
3.0 for yield stress and 5.0 for ultimate
this document, may contact its local
stress. DEPARTMENT OF COMMERCE
FAA official, or the person listed under (iii) Constrain the launch vehicle
the FOR FURTHER INFORMATION CONTACT within 75 feet above ground level as
heading at the beginning of the Bureau of Industry and Security
measured from the ground to the
preamble. To find out more about attachment point of the vehicle to the
SBREFA on the Internet, visit http:// 15 CFR Part 744
tether.
www.faa.gov/regulations_policies/ (iv) Display no damage prior to the [Docket No. 150304211–5211–01]
rulemaking/sbre_act/. launch. RIN 0694–AG55
List of Subjects (v) Be insulated or located such that
it will not experience thermal damage Addition of Certain Person to the
14 CFR Part 400 due to the launch vehicle’s exhaust. Entity List
Licensing, Safety, Space (3) Separation distances. The launch
transportation and exploration. operator must separate its launch from AGENCY: Bureau of Industry and
the public and the property of the Security, Commerce.
14 CFR Part 401 public by a distance no less than that ACTION: Final rule.
Space transportation and exploration. provided for each quantity of propellant
listed in Table A of this section. SUMMARY: In this rule, the Bureau of
The Amendment Industry and Security (BIS) amends the
In consideration of the foregoing, the TABLE A—SEPARATION DISTANCES Export Administration Regulations
Federal Aviation Administration FOR TETHERED LAUNCHES (EAR) by adding one person to the
amends chapter III of title 14, Code of Entity List. The person who is added to
Federal Regulations as follows: Distance (ft.) the Entity List is located in Ecuador and
of the public has been determined by the U.S.
PART 400—BASIS AND SCOPE Propellant carried and property Government to be acting contrary to the
(lbs.) of the public national security or foreign policy
from the
■ 1. The authority citation for part 400 launch point interests of the United States. This
continues to read as follows: person will be listed on the Entity List
Authority: 51 U.S.C. 50901–50923. 1–500 .................................... 900 under the destination of Ecuador.
501–1,000 ............................. 1,200 DATES: Effective Date: This rule is
■ 2. Revise § 400.2 to read as follows: 1001–1,500 ........................... 1,350
effective June 4, 2015.
1,501–2,000 .......................... 1,450
§ 400.2 Scope. 2,001–2,500 .......................... 1,550 FOR FURTHER INFORMATION CONTACT:
The regulations in this chapter set 2,501–3,000 .......................... 1,600 Chair, End-User Review Committee,
forth the procedures and requirements 3,001–3,500 .......................... 1,650 Office of the Assistant Secretary, Export
applicable to the authorization and 3,501–4,000 .......................... 1,700 Administration, Bureau of Industry and
supervision under 51 U.S.C. subtitle V, 4,001–4,500 .......................... 1,750 Security, Department of Commerce,
4,501–5,000 .......................... 1,800 Phone: (202) 482–5991, Fax: (202) 482–
chapter 509, of commercial space
srobinson on DSK5SPTVN1PROD with RULES
transportation activities conducted in 3911, Email: ERC@bis.doc.gov.
the United States or by a U.S. citizen. PART 401—ORGANIZATION AND SUPPLEMENTARY INFORMATION:
The regulations in this chapter do not DEFINITIONS
apply to— Background
(a) Space activities carried out by the ■ 3. The authority citation for part 401 The Entity List notifies the public
United States Government on behalf of continues to read as follows: about entities that have engaged in
the United States Government; Authority: 51 U.S.C. 50901–50923. activities that could result in an
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![31836 Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Rules and Regulations
rule. You may send comments regarding security or foreign policy interests of the Accordingly, part 744 of the Export
the collection of information associated United States. In addition, publishing a Administration Regulations (15 CFR
with this rule, including suggestions for proposed rule would give this party parts 730–774) is amended as follows:
reducing the burden, to Jasmeet K. notice of the U.S. Government’s
Seehra, Office of Management and intention to place them on the Entity PART 744—[AMENDED]
Budget (OMB), by email to Jasmeet_K._ List and would create an incentive for
Seehra@omb.eop.gov, or by fax to (202) this person to either accelerate receiving ■ 1. The authority citation for 15 CFR
395–7285. items subject to the EAR to conduct part 744 continues to read as follows:
3. This rule does not contain policies activities that are contrary to the Authority: 50 U.S.C. app. 2401 et seq.; 50
with Federalism implications as that national security or foreign policy U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
term is defined in Executive Order interests of the United States, and/or to 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
13132. take steps to set up additional aliases, U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
4. The provisions of the change addresses, and other measures to 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
Administrative Procedure Act (5 U.S.C. try to limit the impact of the listing on FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
553) requiring notice of proposed the Entity List once a final rule was 12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
rulemaking, the opportunity for public published. Further, no other law 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
comment and a delay in effective date requires that a notice of proposed Comp., p. 228; E.O. 13099, 63 FR 45167, 3
are inapplicable because this regulation rulemaking and an opportunity for CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
involves a military or foreign affairs public comment be given for this rule. 44025, 3 CFR, 2001 Comp., p. 783; E.O.
function of the United States. (See 5 Because a notice of proposed 13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
U.S.C. 553(a)(1)). BIS implements this rulemaking and an opportunity for 786; Notice of August 7, 2014, 79 FR 46959
(August 11, 2014); Notice of September 17,
rule to protect U.S. national security or public comment are not required to be 2014, 79 FR 56475 (September 19, 2014);
foreign policy interests by preventing given for this rule by 5 U.S.C. 553, or Notice of November 7, 2014, 79 FR 67035
items from being exported, reexported, by any other law, the analytical (November 12, 2014); Notice of January 21,
or transferred (in country) to the person requirements of the Regulatory 2015, 80 FR 3461 (January 22, 2015).
being added to the Entity List. If this Flexibility Act, 5 U.S.C. 601 et seq., are
■ 2. Supplement No. 4 to part 744 is
rule were delayed to allow for notice not applicable. Accordingly, no
amended by adding in alphabetical
and comment and a delay in effective regulatory flexibility analysis is required
order the destination of Ecuador under
date, then the entity being added to the and none has been prepared.
the Country Column, and one
Entity List by this action would
List of Subjects in 15 CFR Part 744 Ecuadorian entity to read as follows:
continue to be able to receive items
without a license and to conduct Exports, Reporting and recordkeeping Supplement No. 4 to Part 744—Entity
activities contrary to the national requirements, Terrorism. List
License License
Country Entity Federal Register citation
requirement review policy
* * * * * * *
ECUADOR ....... * * * * * *
Corporacion Nacional de For items classified under Case-by-case review ....... 80 FR [INSERT FR PAGE
Telecommunicaciones (CNT), Export Control Classi- NUMBER] 6/4/15.
Avenida Gaspar de Villaroel Quito, fication Numbers
Ecuador; and Avda. Veintimilla, Suite (ECCNs) 5D002 or
1149 y Amazonas, Edificio Estudio Z, 5A002. (See § 744.11 of
Quito, Ecuador. the EAR).
* * * * * * *
Dated: May 29, 2015. SECURITIES AND EXCHANGE SUMMARY: This document corrects an
Matthew S. Borman, COMMISSION instruction for the authority to part 200
Deputy Assistant Secretary for Export in a final rule published in the Federal
Administration. 17 CFR Parts 200, 230, 232, 239, 240, Register of April 20, 2015 regarding the
[FR Doc. 2015–13632 Filed 6–3–15; 8:45 am]
249, and 260 Amendments for Small and Additional
Issues Exemptions under the Securities
BILLING CODE 3510–33–P
[Release Nos. 33–9741A; 34–74578A; 39– Act (Regulation A).
2501A; File No. S7–11–13]
DATES: This correction is effective June
RIN 3235–AL39
19, 2015.
FOR FURTHER INFORMATION CONTACT:
srobinson on DSK5SPTVN1PROD with RULES
Amendments for Small and Additional Naomi P. Lewis, Office of the Secretary
Issues Exemptions Under the at (202) 551–5400.
Securities Act (Regulation A) SUPPLEMENTARY INFORMATION: In FR
AGENCY: Securities and Exchange Document No. 2015–07305, published
Commission. on April 20, 2015, on page 21894, third
column, 5th line, instruction number 1
ACTION: Final rule; correction.
should read as follows:
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Document Created: 2015-12-15 15:23:45
Document Modified: 2015-12-15 15:23:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Contact | Chair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, Email: [email protected] | |
| FR Citation | 80 FR 31834 | |
| RIN Number | 0694-AG55 | |
| CFR Associated | Exports; Reporting and Recordkeeping Requirements and Terrorism |
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