80 FR 60529 - Revisions to the Unverified List (UVL)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 194 (October 7, 2015)

Page Range		60529-60533
FR Document		2015-25450
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding twelve (12) persons to the Unverified List (the ``Unverified List'' or UVL), adding additional addresses for four (4) persons currently listed on the UVL, and removing two (2) persons from the UVL. The 12 persons are being added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government's control. New addresses are added for four current UVL persons because BIS has determined they are receiving U.S. exports at addresses not previously included in their UVL listings. Finally, two persons are removed from the UVL based on BIS's ability to verify those person's bona fides through the successful completion of end-use checks.
Federal Register, Volume 80 Issue 194 (Wednesday, October 7, 2015)
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60529-60533]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25450]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 150817734-5734-01]
RIN 0694-AG72


Revisions to the Unverified List (UVL)

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Industry and Security (BIS) is amending the 
Export Administration Regulations (EAR) by adding twelve (12) persons 
to the Unverified List (the ``Unverified List'' or UVL), adding 
additional addresses for four (4) persons currently listed on the UVL, 
and removing two (2) persons

[[Page 60530]]

from the UVL. The 12 persons are being added to the UVL on the basis 
that BIS could not verify their bona fides because an end-use check 
could not be completed satisfactorily for reasons outside the U.S. 
Government's control. New addresses are added for four current UVL 
persons because BIS has determined they are receiving U.S. exports at 
addresses not previously included in their UVL listings. Finally, two 
persons are removed from the UVL based on BIS's ability to verify those 
person's bona fides through the successful completion of end-use 
checks.

DATES: Effective date: This rule is effective: October 7, 2015.

FOR FURTHER INFORMATION CONTACT: Kevin Kurland, Director, Office of 
Enforcement Analysis, Bureau of Industry and Security, Department of 
Commerce, Phone: (202) 482-4255 or by email at [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Unverified List, found in Supplement No. 6 to Part 744 to the 
EAR, contains the names and addresses of foreign persons who are or 
have been parties to a transaction, as that term is described in Sec.  
748.5 of the EAR, involving the export, reexport, or transfer (in-
country) of items subject to the EAR, and whose bona fides BIS has been 
unable to verify through an end-use check. BIS may add persons to the 
UVL when BIS or federal officials acting on BIS's behalf have been 
unable to verify a foreign person's bona fides (i.e., legitimacy and 
reliability relating to the end use and end user of items subject to 
the EAR) because an end-use check, such as a pre-license check (PLC) or 
a post-shipment verification (PSV), cannot be completed satisfactorily 
for such purposes for reasons outside the U.S. Government's control.
    End-use checks cannot be completed for a number of reasons, 
including reasons unrelated to the cooperation of the foreign party 
subject to the end-use check. For example, BIS sometimes initiates end-
use checks and cannot find a foreign party at the address indicated on 
export documents, and cannot locate the party by telephone or email. 
Additionally, BIS sometimes is unable to conduct end-use checks when 
host government agencies do not respond to requests to conduct end-use 
checks, are prevented from scheduling such checks by a party to the 
transaction other than the foreign party that is the proposed subject 
of the end-use check, or the parties refuse to schedule them in a 
timely manner. Under these circumstances, although BIS has an interest 
in informing the public of its inability to verify the foreign party's 
bona fides, there may not be sufficient information to add the foreign 
persons at issue to the Entity List under Sec.  744.11 of the EAR 
(Criteria for revising the Entity List). In such circumstances, BIS may 
add the foreign persons to the UVL.
    Furthermore, BIS sometimes conducts end-use checks but cannot 
verify the bona fides of a foreign party. For example, BIS may be 
unable to verify bona fides if, during the conduct of an end-use check, 
a recipient of items subject to the EAR is unable to produce those 
items for visual inspection or provide sufficient documentation or 
other evidence to confirm the disposition of those items. The inability 
of foreign persons subject to end-use checks to demonstrate their bona 
fides raises concerns about the suitability of such persons as 
participants in future exports, reexports, or transfers (in-country) 
and indicates a risk that items subject to the EAR may be diverted to 
prohibited end uses and/or end users. However, BIS may not have 
sufficient information to establish that such persons are involved in 
activities described in part 744 of the EAR, preventing the placement 
of the persons on the Entity List. In such circumstances, the foreign 
persons may be added to the Unverified List.
    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 
keep a record of) a UVL statement from a party or parties to the 
transaction who are listed on the UVL before proceeding with exports, 
reexports, and transfers (in-country) to such persons, when the 
exports, reexports and transfers (in-country) are not subject to a 
license requirement.
    Requests for 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 listings will be made by the Deputy Assistant 
Secretary for Export Enforcement, based on a demonstration by the 
listed person of its bona fides.

Changes to the EAR

Supplement No. 6 to Part 744 (``the Unverified List'' or ``UVL'')

    Among other things, this rule adds twelve (12) persons to the UVL 
by amending Supplement No. 6 to Part 744 of the EAR to include their 
names and addresses. BIS adds these persons in accordance with the 
criteria for revising the UVL set forth in Sec.  744.15(c) of the EAR. 
The new entries consist of one person located in Canada, one person 
located in the Czech Republic, one person located in Georgia, four 
persons located in Hong Kong, and five persons located in the United 
Arab Emirates. Each listing is grouped within the UVL by country and 
accompanied by the party's name(s) in alphabetical order under the 
country, available alias(es) and address(es), as well as the Federal 
Register citation and the date the person was added to the UVL. The UVL 
is included in the Consolidated Screening List, available at 
www.export.gov.
    This rule also adds new addresses for four current UVL persons in 
Hong Kong: (1) AST Technology Group (HK) Ltd.; (2) E-Chips Technology; 
(3) Ling Ao Electronic Technology Co. Ltd., a.k.a. Voyage Technology 
(HK) Co. Ltd.; and (4) Narpel Technology Co., Limited. BIS has 
determined that these persons are receiving U.S. exports at addresses 
other than those originally included in their UVL entries.
    Lastly, this rule removes from the UVL two entries: One located in 
Hong Kong and one located in Pakistan.
    The following entry (at three different locations) under the 
country heading Hong Kong is removed:

    Ditis Hong Kong Ltd., Room 227-228, 2/F, Metre Centre II, 21 Lam 
Hing Street, Kowloon Bay, Kowloon, Hong Kong and Ditis Hong Kong 
Ltd., Rooms 1318-1320, Hollywood Plaza, 610 Nathan Road, Mong Kok, 
Kowloon, Hong Kong and Ditis Hong Kong Ltd., Room 205, 2/F, Sunley 
Centre, 9 Wing Tin Street, Kwai Chung, New Territories, Hong Kong.

    The following entry under the country heading Pakistan is removed:

    Fauji Fertilizer Company Ltd., 156 The Mall, Rawalpindi, Cantt, 
Pakistan.

    These persons are removed from the UVL based on BIS's ability to 
confirm their bona fides through the successful completion of end-use 
checks. The removal of the above referenced persons from the UVL 
eliminates the restrictions against the use of license exceptions and 
the requirements specific to exports, reexports and transfers (in-
country) not otherwise requiring a license to these persons, as 
described in Sec.  744.15 of the EAR. However, the removal of these 
persons from the UVL does not remove other obligations under part 744 
of the EAR or under other parts of the EAR. Neither the removal of 
persons from the UVL nor the removal of UVL-based restrictions and 
requirements relieves a person of the obligation to obtain a

[[Page 60531]]

license if the person knows that an export or reexport of any item 
subject to the EAR is destined to an end user or end use set forth in 
part 744, other than Sec.  744.15, of the EAR. Additionally, these 
removals do not relieve persons of their obligation to apply for 
export, reexport or in-country transfer licenses required by other 
provisions of the EAR. BIS strongly urges the use of Supplement No. 3 
to part 732 of the EAR, ``BIS's `Know Your Customer' Guidance and Red 
Flags,'' when persons are involved in transactions that are subject to 
the EAR.

Savings Clause

    Shipments (1) 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) eligible for export, reexport, or 
transfer (in-country) without a license before this regulatory action; 
and (3) on dock for loading, on lighter, laden aboard an exporting 
carrier, or en route aboard a carrier to a port of export, on October 
7, 2015, pursuant to actual orders, may proceed to that UVL listed 
person under the previous license exception eligibility or without a 
license so long as the items have been exported from the United States, 
reexported or transferred (in-country) before November 6, 2015. Any 
such items not actually exported, reexported or transferred (in-
country) before midnight, on November 6, 2015, are subject to the 
requirements in Sec.  744.15 of the EAR in accordance with this 
regulation.

Export Administration Act

    Since August 21, 2001, the Export Administration Act of 1979, as 
amended, has been in lapse. However, 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, 2015 (80 FR 48233 
(Aug. 11, 2015) has continued the EAR in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). 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 not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866.
    2. 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 to this 
rule--which is adding 12 persons, removing two persons, and updating 
the addresses of four other persons listed on the UVL--because this 
regulation involves military or foreign affairs under Sec.  553(a)(1). 
BIS implements this rule to protect U.S. national security or foreign 
policy interests by requiring a license for items being exported, 
reexported, or transferred (in country) involving a party or parties to 
the transaction who are listed on the UVL. If this rule were delayed to 
allow for notice and comment and a delay in effective date, the 
entities being added to the UVL by this action and those entities 
operating at previously unlisted addresses would continue to be able to 
receive items without additional oversight by BIS 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 these parties notice of the U.S. Government's intention to 
place them on the UVL, and create an incentive for these persons to 
accelerate receiving items subject to the EAR in furtherance of 
activities contrary to the national security or foreign policy 
interests of the United States, and/or take steps to set up additional 
aliases, change addresses, and other measures to try to limit the 
impact of the listing once a final rule is effective.
    The Department finds there is good cause to waive the provisions of 
the Administrative Procedure Act requiring prior notice and the 
opportunity for public comment, under 5 U.S.C. 553(b)(B), and a thirty 
day delay of the effective date, under 5 U.S.C. 553(d)(3), to the 
provision of this rule removing two persons from the UVL because doing 
so is contrary to the public interest and unnecessary. The removals are 
being made following the completion of successful end-use checks. If 
the rule were to be delayed to allow for public comment, U.S. exporters 
may face unnecessary economic losses as they turn away potential sales 
because the customer remained a listed person on the UVL even after BIS 
was able to verify that entity's bona fides through an end-use check. 
By publishing without prior notice and comment, BIS allows the entity 
to receive U.S. exports as quickly as possible following their 
cooperation in a successful end-use check. By quickly removing entities 
from the UVL following the successful completion of an end-use check, 
BIS encourages other entities to cooperate in end-use checks requested 
by BIS. 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.
    3. 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. This regulation involves 
collections previously approved by OMB under the following control 
numbers: 0694-0088, 0694-0122, 0694-0134, and 0694-0137. The addition, 
revision, and removal of individuals to the UVL do not change the 
collection of information requirements placed on the public by the UVL 
implementing regulations.
    4. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.

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 to 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

[[Page 60532]]

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 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); Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

0
2. Supplement No. 6 to Part 744 is amended by:
0
a. Adding an entry for ``Canada'' in alphabetical order;
0
b. Adding an entry for ``Czech Republic'' in alphabetical order;
0
c. Adding an entry for ``Georgia'' in alphabetical order;
0
d. Revising the entry for ``AST Technology Group (HK) Ltd.'', under 
``Hong Kong'';
0
e. Removing the entry for ``Ditis Hong Kong Ltd.'' under ``Hong Kong'';
0
f. Revising the entry for ``E-Chips Technology'' under ``Hong Kong'';
0
g. Adding 3 entries for ``Foot Electronics Co. Ltd.'', ``GA Industry 
Co. Ltd.'', and ``Hua Fu Technology Co. Ltd.'' in alphabetical order, 
under ``Hong Kong'';
0
h. Revising the entry for ``Ling Ao Electronic Technology Co. Ltd., 
a.k.a. Voyage Technology (HK) Co. Ltd.'' under ``Hong Kong'';
0
i. Revising the entry for ``Narpel Technology Co., Limited'' under 
``Hong Kong'';
0
j. Adding an entry for ``Yogone Electronics Co.'' in alphabetical 
order, under ``Hong Kong'';
0
k. Removing the entry for ``Fauji Fertilizer Company Ltd.'' under 
``Pakistan''; and
0
l. Adding 5 entries, in alphabetical order, under the ``United Arab 
Emirates''.
    The additions and revisions read as follows:

Supplement No. 6 to Part 744--Unverified List

* * * * *

------------------------------------------------------------------------
                                                      Federal Register
           Country              Listed person and   citation and date of
                                     address             publication
------------------------------------------------------------------------
CANADA......................  Rizma, Inc., 1403-8   80 FR [INSERT FR
                               McKee Avenue,         PAGE NUMBER], 10/7/
                               Toronto, Ontario      15.
                               M2N 7E5, Canada.
 
                              * * * * * * *
CZECH REPUBLIC..............  Bonitopto S.R.O.,     80 FR [INSERT FR
                               Vancurova 1084/10,    PAGE NUMBER], 10/7/
                               Ostrov 363 01,        15.
                               Czech Republic;
                               and, Jachymovska
                               178, Ostrov 363 01,
                               Czech Republic.
GEORGIA.....................  Spars Ltd., a.k.a.    80 FR [INSERT FR
                               Spars Trading Ltd.,   PAGE NUMBER], 10/7/
                               Room 1, House 11,     15.
                               Nutsubdize 111
                               marker, Tbilisi,
                               Georgia, 0183.
HONG KONG...................  AST Technology Group  80 FR 4779 01/29/15;
                               (HK) Ltd., Flat 6,    80 FR [INSERT FR
                               20/F, Mega Trade      PAGE NUMBER], 10/7/
                               Centre, 1-9 Mei Wan   15.
                               Street, Tsuen Wan,
                               Hong Kong; and Unit
                               2209, 22/F, Wu
                               Chung House, 213
                               Queen's Road East,
                               Wan Chai, Hong
                               Kong; and Unit
                               2103, 21/F, Sino
                               Centre, 582-592
                               Nathan Road, Mong
                               Kok, Kowloon, Hong
                               Kong.
 
                              * * * * * * *
                              E-Chips Technology,   80 FR 4779 01/29/15;
                               Unit 4, 7/F, Bright   80 FR [INSERT FR
                               Way Tower, No. 33     PAGE NUMBER], 10/7/
                               Mong Kok Road, Mong   15.
                               Kok, Kowloon, Hong
                               Kong; and Flat
                               1205, 12/F, Tai
                               Sang Bank Building,
                               130-132 Des Voeux
                               Road Hong Kong.
                              Foot Electronics Co.  80 FR [INSERT FR
                               Ltd., Unit 2103, 21/  PAGE NUMBER], 10/7/
                               F, Sino Centre, 582-  15.
                               592 Nathan Road,
                               Mong Kok, Kowloon,
                               Hong Kong; and Rm.
                               19C, Lockhart
                               Centre, 301-307
                               Lockhart Road, Wan
                               Chai, Hong Kong.
                              GA Industry Co.       80 FR [INSERT FR
                               Ltd., Room 1103,      PAGE NUMBER], 10/7/
                               Hang Seng Mong Kok    15.
                               Building, 677
                               Nathan Road,
                               Kowloon, Hong Kong.
 
                              * * * * * * *
                              Hua Fu Technology     80 FR [INSERT FR
                               Co. Ltd., Rm 1209,    PAGE NUMBER], 10/7/
                               12/F, Workingbond     15.
                               Commercial Centre,
                               162 Prince Edward
                               Road West, Mong
                               Kok, Kowloon, Hong
                               Kong.
 
                              * * * * * * *
                              Ling Ao Electronic    80 FR 4779 01/29/15;
                               Technology Co.        80 FR [INSERT FR
                               Ltd., a.k.a. Voyage   PAGE NUMBER], 10/7/
                               Technology (HK) Co.   15.
                               Ltd., Room 17, 7/F,
                               Metro Centre Phase
                               1, No. 32 Lamhing
                               St., Kowloon Bay,
                               Hong Kong; and 15B,
                               15/F, Cheuk Nang
                               Plaza, 250 Hennessy
                               Road, Hong Kong;
                               and Flat C, 11/F,
                               Block No. 2, 62 Hoi
                               Yu Street, Kowloon,
                               Hong Kong; and Room
                               C1-D, 6/F, Wing
                               Hing Industrial
                               Building, 14 Hing
                               Yip Street, Kwun
                               Tong, Kowloon, Hong
                               Kong.
 

[[Page 60533]]

 
                              * * * * * * *
                              Narpel Technology     79 FR 34217, 06/16/
                               Co., Limited, Unit    14; 80 FR 4779 01/
                               A, 6/F, Yip Fat       29/15; 80 FR
                               Factory Building,     [INSERT FR PAGE
                               Phase 1, No 77 Hoi    NUMBER], 10/7/15.
                               Yuen Road, Kwun
                               Tong, Kowloon, Hong
                               Kong; and Room 4C,
                               8/F, Sunbeam
                               Centre, 27 Shing
                               Yip Street, Kwun
                               Tong, Kowloon, Hong
                               Kong; and Room
                               1905, Nam Wo Hong
                               Building, 148 Wing
                               Lok Street, Sheung
                               Wan, Hong Kong; and
                               15B, 15/F, Cheuk
                               Nang Plaza, 250
                               Hennessy Road, Wan
                               Chai, Hong Kong.
 
                              * * * * * * *
                              Yogone Electronics    80 FR [INSERT FR
                               Co., Unit 602, 6/F,   PAGE NUMBER], 10/7/
                               Silvercord Tower 2,   15.
                               30 Canton Road,
                               Tsim Sha Tsui,
                               Kowloon, Hong Kong.
 
                              * * * * * * *
UNITED ARAB EMIRATES........                   * * * * *
                              Gulf Modern           80 FR [INSERT FR
                               Solutions             PAGE NUMBER], 10/7/
                               Engineering           15.
                               Company, No. 14,
                               35B Street, Al
                               Satwa Road, Dubai,
                               UAE.
                              Masomi General        80 FR [INSERT FR
                               Trading, Unit No.     PAGE NUMBER], 10/7/
                               B605, Baniyas         15.
                               Complex, Baniyas
                               Square, P.O. Box
                               39497, Dubai, UAE.
                              Recaz Star General    80 FR [INSERT FR
                               Trading LLC, #307     PAGE NUMBER], 10/7/
                               Naser Lootah          15.
                               Building, Khalid
                               bin Waleed Road,
                               Dubai, UAE.
                              Renat International   80 FR [INSERT FR
                               General Trading,      PAGE NUMBER], 10/7/
                               Office #H241,         15.
                               Building #1G, Ajman
                               Free Zone, Ajman,
                               UAE; and Building
                               #H1, Behind China
                               Mall, Ajman Free
                               Zone Area, Ajman,
                               UAE.
 
                              * * * * * * *
                              Trade Star FZC,       80 FR [INSERT FR
                               Sheikh Zayed Road,    PAGE NUMBER], 10/7/
                               Al Mossa Tower 1,     15.
                               17th Floor, Dubai,
                               UAE; and P.O. Box
                               51159, Sharjah,
                               UAE; and ELOB
                               Office #E55G-31,
                               Hamriyah Free Zone,
                               Sharjah, UAE.
 
                              * * * * * * *
------------------------------------------------------------------------


    Dated: October 1, 2015.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2015-25450 Filed 10-6-15; 8:45 am]
 BILLING CODE 3510-33-P
Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations 60529

in this rule as well as being published in this rule will be published in the R–3601A Brookville, KS [Amended]
in the NFDD. NFDD as a separate action with a Boundaries. Beginning at lat. 38°45′20″ N.,
The Smoky and Smoky High MOAs matching effective date. long. 97°46′01″ W.; to lat. 38°39′45″ N., long.
boundary descriptions are being This action does not affect the overall 97°46′01″ W.; to lat. 38°38′20″ N., long.
amended to incorporate the geographic restricted area or MOA boundaries; 97°47′31″ W.; to lat. 38°38′20″ N., long.
coordinates used in the R–3601A and designated altitudes; times of 97°50′01″ W.; to lat. 38°35′00″ N., long.
R–3601B boundary descriptions to designation; or activities conducted 97°50′01″ W.; to lat. 38°35′00″ N., long.
redefine the boundary segments 97°56′01″ W.; to lat. 38°45′20″ N., long.
within the restricted areas and MOAs. 97°56′01″ W.; to the point of beginning.
previously defined by the Missouri
Regulatory Notices and Analyses Designated altitudes. Surface to but not
Pacific Railroad Track. This amendment including FL180.
will ensure shared boundaries with the The FAA has determined that this Time of designation. Monday through
updated restricted area descriptions and regulation only involves an established Saturday, 0900 to 1700 local time; other
prevent airspace conflict with any body of technical regulations for which times by NOTAM 6 hours in advance.
potential SUA overlap resulting from frequent and routine amendments are Controlling agency. FAA, Kansas City
the redefined boundary segments. Also, necessary to keep them operationally ARTCC.
the Smoky and Smoky High MOAs current. It, therefore: (1) Is not a Using agency. U.S. Air Force, Air National
using agency information is being ‘‘significant regulatory action’’ under Guard, 184th Air Refueling Wing,
amended to match the associated Detachment 1, Smoky Hill ANG Range,
Executive Order 12866; (2) is not a Salina, KS.
restricted areas using agency ‘‘significant rule’’ under Department of
amendments. The amended boundary Transportation (DOT) Regulatory R–3601B Brookville, KS [Amended]
descriptions and using agency Policies and Procedures (44 FR 11034; Boundaries. Beginning at lat. 38°45′20″ N.,
information for the MOAs will be February 26, 1979); and (3) does not long. 97°46′01″ W.; to lat. 38°39′45″ N., long.
published in the NFDD; the rest of the warrant preparation of a regulatory 97°46′01″ W.; to lat. 38°38′20″ N., long.
MOAs legal descriptions remain evaluation as the anticipated impact is 97°47′31″ W.; to lat. 38°38′20″ N., long.
unchanged. so minimal. Since this is a routine 97°50′01″ W.; to lat. 38°35′00″ N., long.
97°50′01″ W.; to lat. 38°35′00″ N., long.
The Rule matter that only affects air traffic 97°56′01″ W.; to lat. 38°45 20″ N., long.
procedures and air navigation, it is 97°56′01″ W.; to the point of beginning.
This action amends 14 CFR part 73 by certified that this rule, when Designated altitudes. FL180 to FL230.
modifying restricted areas R–3601A and promulgated, does not have a significant Time of designation. Monday through
R–3601B Brookville, KS. The FAA is economic impact on a substantial Saturday, 0900 to 1700 local time; other
taking this action to accurately define number of small entities under the times by NOTAM 6 hours in advance.
the restricted area boundaries using criteria of the Regulatory Flexibility Act. Controlling agency. FAA, Kansas City
geographic coordinates to overcome the ARTCC.
loss of the visual landmark used Environmental Review Using agency. U.S. Air Force, Air National
previously and update the using agency The FAA has determined that this Guard, 184th Air Refueling Wing,
information to include the military Detachment 1, Smoky Hill ANG Range,
action qualifies for categorical exclusion
service. The following restricted areas Salina, KS.
under the National Environmental
boundary and using agency information Policy Act in accordance with FAA * * * * *
is amended as indicated: Order 1050.1F, Environmental Impacts: Issued in Washington, DC, on October 1,
The R–3601A and R–3601B boundary Policies and Procedures, paragraph 5– 2015.
segments previously described by the 6.5d. This action is an administrative Kenneth Ready,
Missouri Pacific Railroad Track are change to the technical description of Acting Manager, Airspace Policy Group.
redefined using the geographic the affected restricted areas and is not [FR Doc. 2015–25543 Filed 10–6–15; 8:45 am]
coordinates, ‘‘lat. 38°39′45″ N., long. expected to cause any potentially BILLING CODE 4910–13–P
97°46′01″ W.; to lat. 38°38′20″ N., long. significant environmental impacts, and
97°47′31″ W.’’ no extraordinary circumstances exists
The R–3601A and R–3601B using that warrant preparation of an
agency information is amended by DEPARTMENT OF COMMERCE
environmental assessment.
prefacing the existing using agency with
‘‘U.S. Air Force.’’ List of Subjects in 14 CFR Part 73 Bureau of Industry and Security
This change does not affect the Airspace, Prohibited areas, Restricted
boundaries, designated altitudes, 15 CFR Part 744
areas.
activities conducted within the [Docket No. 150817734–5734–01]
restricted areas or the actual physical Adoption of the Amendment
RIN 0694–AG72
location of the airspace; therefore, In consideration of the foregoing, the
notice and public procedure under 5 Federal Aviation Administration Revisions to the Unverified List (UVL)
U.S.C. 553(b) are unnecessary. amends 14 CFR part 73 as follows:
The corresponding restricted area AGENCY: Bureau of Industry and
boundary segment amendments noted PART 73—SPECIAL USE AIRSPACE Security, Commerce.
above are also being made to the Smoky ACTION: Final rule.
and Smoky High MOAs boundary ■ 1. The authority citation for part 73
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information, as needed, to retain shared continues to read as follows: SUMMARY: The Bureau of Industry and
boundaries with R–3601A and R–3601B. Authority: 49 U.S.C. 106(f), 106(g); 40103, Security (BIS) is amending the Export
And, the Smoky and Smoky High MOAs 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Administration Regulations (EAR) by
using agency information is amended to 1959–1963 Comp., p. 389. adding twelve (12) persons to the
match the restricted areas using agency Unverified List (the ‘‘Unverified List’’ or
information. The amended Smoky and § 73.36 [Amended] UVL), adding additional addresses for
Smoky High MOAs boundary and using ■ 2. Section 73.36 is amended as four (4) persons currently listed on the
agency information changes addressed follows: UVL, and removing two (2) persons

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60530 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations

from the UVL. The 12 persons are being circumstances, although BIS has an of the EAR to include their names and
added to the UVL on the basis that BIS interest in informing the public of its addresses. BIS adds these persons in
could not verify their bona fides inability to verify the foreign party’s accordance with the criteria for revising
because an end-use check could not be bona fides, there may not be sufficient the UVL set forth in § 744.15(c) of the
completed satisfactorily for reasons information to add the foreign persons EAR. The new entries consist of one
outside the U.S. Government’s control. at issue to the Entity List under § 744.11 person located in Canada, one person
New addresses are added for four of the EAR (Criteria for revising the located in the Czech Republic, one
current UVL persons because BIS has Entity List). In such circumstances, BIS person located in Georgia, four persons
determined they are receiving U.S. may add the foreign persons to the UVL. located in Hong Kong, and five persons
exports at addresses not previously Furthermore, BIS sometimes conducts located in the United Arab Emirates.
included in their UVL listings. Finally, end-use checks but cannot verify the Each listing is grouped within the UVL
two persons are removed from the UVL bona fides of a foreign party. For by country and accompanied by the
based on BIS’s ability to verify those example, BIS may be unable to verify party’s name(s) in alphabetical order
person’s bona fides through the bona fides if, during the conduct of an under the country, available alias(es)
successful completion of end-use end-use check, a recipient of items and address(es), as well as the Federal
checks. subject to the EAR is unable to produce Register citation and the date the person
DATES: Effective date: This rule is those items for visual inspection or was added to the UVL. The UVL is
effective: October 7, 2015. provide sufficient documentation or included in the Consolidated Screening
FOR FURTHER INFORMATION CONTACT:
other evidence to confirm the List, available at www.export.gov.
Kevin Kurland, Director, Office of disposition of those items. The inability This rule also adds new addresses for
Enforcement Analysis, Bureau of of foreign persons subject to end-use four current UVL persons in Hong Kong:
Industry and Security, Department of checks to demonstrate their bona fides (1) AST Technology Group (HK) Ltd.;
Commerce, Phone: (202) 482–4255 or by raises concerns about the suitability of (2) E-Chips Technology; (3) Ling Ao
email at UVLRequest@bis.doc.gov. such persons as participants in future Electronic Technology Co. Ltd., a.k.a.
exports, reexports, or transfers (in- Voyage Technology (HK) Co. Ltd.; and
SUPPLEMENTARY INFORMATION:
country) and indicates a risk that items (4) Narpel Technology Co., Limited. BIS
Background subject to the EAR may be diverted to has determined that these persons are
The Unverified List, found in prohibited end uses and/or end users. receiving U.S. exports at addresses other
Supplement No. 6 to Part 744 to the However, BIS may not have sufficient than those originally included in their
EAR, contains the names and addresses information to establish that such UVL entries.
of foreign persons who are or have been persons are involved in activities Lastly, this rule removes from the
parties to a transaction, as that term is described in part 744 of the EAR, UVL two entries: One located in Hong
described in § 748.5 of the EAR, preventing the placement of the persons Kong and one located in Pakistan.
on the Entity List. In such The following entry (at three different
involving the export, reexport, or
circumstances, the foreign persons may locations) under the country heading
transfer (in-country) of items subject to
be added to the Unverified List. Hong Kong is removed:
the EAR, and whose bona fides BIS has
been unable to verify through an end- As provided in § 740.2(a)(17) of the Ditis Hong Kong Ltd., Room 227–228, 2/F,
use check. BIS may add persons to the EAR, the use of license exceptions for Metre Centre II, 21 Lam Hing Street, Kowloon
UVL when BIS or federal officials acting exports, reexports, and transfers (in- Bay, Kowloon, Hong Kong and Ditis Hong
on BIS’s behalf have been unable to country) involving a party or parties to Kong Ltd., Rooms 1318–1320, Hollywood
the transaction who are listed on the Plaza, 610 Nathan Road, Mong Kok,
verify a foreign person’s bona fides (i.e., Kowloon, Hong Kong and Ditis Hong Kong
legitimacy and reliability relating to the UVL is suspended. Additionally, under
§ 744.15(b) of the EAR, there is a Ltd., Room 205, 2/F, Sunley Centre, 9 Wing
end use and end user of items subject Tin Street, Kwai Chung, New Territories,
to the EAR) because an end-use check, requirement for exporters, reexporters, Hong Kong.
such as a pre-license check (PLC) or a and transferors to obtain (and keep a
record of) a UVL statement from a party The following entry under the country
post-shipment verification (PSV), heading Pakistan is removed:
cannot be completed satisfactorily for or parties to the transaction who are
such purposes for reasons outside the listed on the UVL before proceeding Fauji Fertilizer Company Ltd., 156 The
U.S. Government’s control. with exports, reexports, and transfers Mall, Rawalpindi, Cantt, Pakistan.
End-use checks cannot be completed (in-country) to such persons, when the These persons are removed from the
for a number of reasons, including exports, reexports and transfers (in- UVL based on BIS’s ability to confirm
reasons unrelated to the cooperation of country) are not subject to a license their bona fides through the successful
the foreign party subject to the end-use requirement. completion of end-use checks. The
check. For example, BIS sometimes Requests for removal of a UVL entry removal of the above referenced persons
initiates end-use checks and cannot find must be made in accordance with from the UVL eliminates the restrictions
a foreign party at the address indicated § 744.15(d) of the EAR. Decisions against the use of license exceptions and
on export documents, and cannot locate regarding the removal or modification of the requirements specific to exports,
the party by telephone or email. UVL listings will be made by the Deputy reexports and transfers (in-country) not
Additionally, BIS sometimes is unable Assistant Secretary for Export otherwise requiring a license to these
to conduct end-use checks when host Enforcement, based on a demonstration persons, as described in § 744.15 of the
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government agencies do not respond to by the listed person of its bona fides. EAR. However, the removal of these
requests to conduct end-use checks, are Changes to the EAR persons from the UVL does not remove
prevented from scheduling such checks other obligations under part 744 of the
by a party to the transaction other than Supplement No. 6 to Part 744 (‘‘the EAR or under other parts of the EAR.
the foreign party that is the proposed Unverified List’’ or ‘‘UVL’’) Neither the removal of persons from the
subject of the end-use check, or the Among other things, this rule adds UVL nor the removal of UVL-based
parties refuse to schedule them in a twelve (12) persons to the UVL by restrictions and requirements relieves a
timely manner. Under these amending Supplement No. 6 to Part 744 person of the obligation to obtain a

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60532 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations

FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. ■ c. Adding an entry for ‘‘Georgia’’ in ■ i. Revising the entry for ‘‘Narpel
12947, 60 FR 5079, 3 CFR, 1995 Comp., p. alphabetical order; Technology Co., Limited’’ under ‘‘Hong
356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 ■ d. Revising the entry for ‘‘AST Kong’’;
Comp., p. 228; E.O. 13099, 63 FR 45167, 3 Technology Group (HK) Ltd.’’, under ■ j. Adding an entry for ‘‘Yogone
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
‘‘Hong Kong’’; Electronics Co.’’ in alphabetical order,
13224, 66 FR 49079, 3 CFR, 2001 Comp., p. ■ e. Removing the entry for ‘‘Ditis Hong under ‘‘Hong Kong’’;
786; Notice of September 17, 2014, 79 FR Kong Ltd.’’ under ‘‘Hong Kong’’; ■ k. Removing the entry for ‘‘Fauji
56475 (September 19, 2014); Notice of ■ f. Revising the entry for ‘‘E-Chips Fertilizer Company Ltd.’’ under
November 7, 2014, 79 FR 67035 (November Technology’’ under ‘‘Hong Kong’’; ‘‘Pakistan’’; and
12, 2014); Notice of January 21, 2015, 80 FR ■ g. Adding 3 entries for ‘‘Foot ■ l. Adding 5 entries, in alphabetical
3461 (January 22, 2015); Notice of August 7, Electronics Co. Ltd.’’, ‘‘GA Industry Co. order, under the ‘‘United Arab
2015, 80 FR 48233 (August 11, 2015). Ltd.’’, and ‘‘Hua Fu Technology Co. Emirates’’.
■ 2. Supplement No. 6 to Part 744 is Ltd.’’ in alphabetical order, under The additions and revisions read as
amended by: ‘‘Hong Kong’’; follows:
■ a. Adding an entry for ‘‘Canada’’ in ■ h. Revising the entry for ‘‘Ling Ao
alphabetical order; Electronic Technology Co. Ltd., a.k.a. Supplement No. 6 to Part 744—
■ b. Adding an entry for ‘‘Czech Voyage Technology (HK) Co. Ltd.’’ Unverified List
Republic’’ in alphabetical order; under ‘‘Hong Kong’’; * * * * *

Federal Register citation and date of publica-
Country Listed person and address tion

CANADA ........................................................... Rizma, Inc., 1403–8 McKee Avenue, Toronto, 80 FR [INSERT FR PAGE NUMBER], 10/7/15.
Ontario M2N 7E5, Canada.

* * * * * * *
CZECH REPUBLIC ........................................... Bonitopto S.R.O., Vancurova 1084/10, Ostrov 80 FR [INSERT FR PAGE NUMBER], 10/7/15.
363 01, Czech Republic; and, Jachymovska
178, Ostrov 363 01, Czech Republic.
GEORGIA ......................................................... Spars Ltd., a.k.a. Spars Trading Ltd., Room 1, 80 FR [INSERT FR PAGE NUMBER], 10/7/15.
House 11, Nutsubdize 111 marker, Tbilisi,
Georgia, 0183.
HONG KONG .................................................... AST Technology Group (HK) Ltd., Flat 6, 20/F, 80 FR 4779 01/29/15; 80 FR [INSERT FR
Mega Trade Centre, 1–9 Mei Wan Street, PAGE NUMBER], 10/7/15.
Tsuen Wan, Hong Kong; and Unit 2209, 22/
F, Wu Chung House, 213 Queen’s Road
East, Wan Chai, Hong Kong; and Unit 2103,
21/F, Sino Centre, 582–592 Nathan Road,
Mong Kok, Kowloon, Hong Kong.

* * * * * * *
E-Chips Technology, Unit 4, 7/F, Bright Way 80 FR 4779 01/29/15; 80 FR [INSERT FR
Tower, No. 33 Mong Kok Road, Mong Kok, PAGE NUMBER], 10/7/15.
Kowloon, Hong Kong; and Flat 1205, 12/F,
Tai Sang Bank Building, 130–132 Des
Voeux Road Hong Kong.
Foot Electronics Co. Ltd., Unit 2103, 21/F, 80 FR [INSERT FR PAGE NUMBER], 10/7/15.
Sino Centre, 582–592 Nathan Road, Mong
Kok, Kowloon, Hong Kong; and Rm. 19C,
Lockhart Centre, 301–307 Lockhart Road,
Wan Chai, Hong Kong.
GA Industry Co. Ltd., Room 1103, Hang Seng 80 FR [INSERT FR PAGE NUMBER], 10/7/15.
Mong Kok Building, 677 Nathan Road,
Kowloon, Hong Kong.

* * * * * * *
Hua Fu Technology Co. Ltd., Rm 1209, 12/F, 80 FR [INSERT FR PAGE NUMBER], 10/7/15.
Workingbond Commercial Centre, 162
Prince Edward Road West, Mong Kok,
Kowloon, Hong Kong.

* * * * * * *
Ling Ao Electronic Technology Co. Ltd., a.k.a. 80 FR 4779 01/29/15; 80 FR [INSERT FR
Voyage Technology (HK) Co. Ltd., Room PAGE NUMBER], 10/7/15.
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17, 7/F, Metro Centre Phase 1, No. 32
Lamhing St., Kowloon Bay, Hong Kong; and
15B, 15/F, Cheuk Nang Plaza, 250 Hen-
nessy Road, Hong Kong; and Flat C, 11/F,
Block No. 2, 62 Hoi Yu Street, Kowloon,
Hong Kong; and Room C1–D, 6/F, Wing
Hing Industrial Building, 14 Hing Yip Street,
Kwun Tong, Kowloon, Hong Kong.

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Document Created: 2015-12-15 08:49:42
Document Modified: 2015-12-15 08:49:42
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		Kevin Kurland, Director, Office of Enforcement Analysis, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-4255 or by email at [email protected]
FR Citation		80 FR 60529
RIN Number		0694-AG72
CFR Associated		Exports; Reporting and Recordkeeping Requirements and Terrorism
80 FR 60529 - Revisions to the Unverified List (UVL)

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 80, Issue 194 (October 7, 2015)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
