80 FR 69852 - Addition of Certain Persons and Modification of Certain Entries to the Entity List; and Removal of Certain Persons From the Entity List

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 218 (November 12, 2015)

Page Range69852-69861
FR Document2015-28552

This rule amends the Export Administration Regulations (EAR) by adding seven persons under ten entries to the Entity List. The seven persons who are 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. These persons will be listed on the Entity List under the destinations of China and Hong Kong. This final rule also removes two persons from the Entity List. One entity requested removal from the Entity List in accordance with the procedure for requesting removal or modification of an Entity List entity. The End-User Review Committee (ERC) decided to remove this entity following a review of information provided in the removal request. The ERC decided to remove a second person from the Entity List following a proposal submitted by an ERC member agency, in accordance with the procedure for requesting removal or modification of an Entity List entity. Finally, this final rule modifies ten existing entries on the Entity List consisting of one entry under China and nine entries under Hong Kong to provide additional or modified addresses and/or aliases for these persons.

Federal Register, Volume 80 Issue 218 (Thursday, November 12, 2015)
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Rules and Regulations]
[Pages 69852-69861]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28552]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 150911846-5846-01]
RIN 0694-AG74


Addition of Certain Persons and Modification of Certain Entries 
to the Entity List; and Removal of Certain Persons From the Entity List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: This rule amends the Export Administration Regulations (EAR) 
by adding seven persons under ten entries to the Entity List. The seven 
persons who are 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. These persons will be 
listed on the Entity List under the destinations of China and Hong 
Kong.
    This final rule also removes two persons from the Entity List. One 
entity requested removal from the Entity List in accordance with the 
procedure for requesting removal or modification of an Entity List 
entity. The End-User Review Committee (ERC) decided to remove this 
entity following a review of information provided in the removal 
request. The ERC decided to remove a second person from the Entity List 
following a proposal submitted by an ERC member agency, in accordance 
with the procedure for requesting removal or modification of an Entity 
List entity.
    Finally, this final rule modifies ten existing entries on the 
Entity List consisting of one entry under China and nine entries under 
Hong Kong to provide additional or modified addresses and/or aliases 
for these persons.

DATES: This rule is effective on November 12, 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 (Supplement No. 4 to Part 744) identifies entities 
and other persons reasonably believed to be involved, or to pose a 
significant risk of being or becoming involved, in activities contrary 
to the national security or foreign policy interests of the United 
States. The EAR imposes additional license requirements on, and limits 
the availability of most license exceptions for, exports, reexports, 
and transfers (in-country) to those listed. The ``license review 
policy'' for each listed entity or other person is identified in the 
License Review Policy column on the Entity List and the impact on the 
availability of license exceptions is described in the Federal Register 
notice adding entities or other persons to the Entity List. BIS places 
entities and other persons on the Entity List pursuant to sections of 
part 744 (Control Policy: End-User and End-Use Based) and part 746 
(Embargoes and Other Special Controls) of the EAR.
    The 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.

ERC Entity List Decisions

Additions to the Entity List

    This rule implements the decision of the ERC to add seven persons 
under ten entries to the Entity List. These seven persons are being 
added on the basis of

[[Page 69853]]

Sec.  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. The ten entries added to the Entity List 
consist of three entries in China and seven entries in Hong Kong. There 
are ten entries for the seven persons because three persons are listed 
in both China and Hong Kong, resulting in three additional entries.
    The ERC reviewed Sec.  744.11(b) (Criteria for revising the Entity 
List) in making the determination to add these seven persons under ten 
entries to the Entity List. Under that paragraph, 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. 
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. Pursuant to 
Sec.  744.11 of the EAR, the ERC determined that the seven persons be 
added to the Entity List for actions contrary to the national security 
or foreign policy interests of the United States.
    The ERC has determined that for the seven persons added, there is 
reasonable cause to believe, based on specific and articulable facts, 
that (Jack) Wang Wei, Sky Rise Technology Ltd., TiMi Technologies Co. 
Ltd., Caprice Group Ltd., Reekay Technology Limited, and 32 Group China 
Ltd. have made attempts to procure items, including U.S.-origin items, 
for activities contrary to the national security and foreign policy 
interests of the United States. Specifically, (Jack) Wang Wei has used 
these companies to supply U.S.-origin items to an Iranian party 
associated with the Iranian defense industry and to an Iranian party 
whose customers include companies designated by the Department of 
Treasury as Specially Designated Nationals.
    Pursuant to Sec.  744.11(b)(2) of the EAR, the ERC determined that 
the conduct of these seven persons raises sufficient concern that prior 
review of exports, reexports, or transfers (in-country) of items 
subject to the EAR involving these persons, and the possible imposition 
of license conditions or license denials on shipments to the persons, 
will enhance BIS's ability to prevent violations of the EAR.
    For the seven persons this rule adds to the Entity List on the 
basis of Sec.  744.11, the ERC specified a license requirement for all 
items subject to the EAR and a license review policy of presumption of 
denial. The license requirements apply to any transaction in which 
items are to be exported, reexported, or transferred (in-country) to 
any of the persons or in which such persons act as purchaser, 
intermediate consignee, ultimate consignee, or end-user. In addition, 
no license exceptions are available for exports, reexports, or 
transfers (in-country) to the persons being added to the Entity List in 
this rule.
    This final rule adds the following seven persons under ten entries 
to the Entity List:
China
    (1) Sky Rise Technology Ltd., a.k.a., the following one alias:

--Sky Rise Tech.
    4-4-2301 Xinyi Jiayuan, Chongwenmen, Dongcheng, Beijing, China (See 
also addresses under Hong Kong);

    (2) TiMi Technologies Co., Ltd., a.k.a., the following two aliases:

--TiMi Technology Co. Ltd.; and
--TiMi Tech.
    F/10, A-Tower, Nongke Building, 11/Shu Guang Hua Yuan Zhong Lu, 
Haidian District, Beijing, China, 100097; and Nanhai Avenue, Nanshan 
District, 518054, Shenzhen, China (See also addresses under Hong Kong); 
and

    (3) Wang Wei, a.k.a., the following one alias:

--Jack Wang.
    4-4-2301 Xinyi Jiayuan, Chongwenmen, Dongcheng, Beijing, China; and 
F/10, A-Tower, Nongke Building, 11/Shu Guang Hua Yuan Zhong Lu, Haidian 
District, Beijing, China, 100097 (See also addresses under Hong Kong).
Hong Kong
    (1) 32 Group China Ltd., Room 1905, 19/F, Nam Wo Hong Bldg., 148 
Wing Lok Street, Sheung Wang, Hong Kong; and Room 1119, 11/F, Block B, 
Yau Tong Industrial City, 17 Ko Fai Road, Yau Tong, Kowloon, Hong Kong;
    (2) Caprice Group Ltd., Room 1119, 11/F, Block B1, Yau Tong 
Industrial City, 17 Ko Fai Road, Yau Tong, Kowloon, Hong Kong; and Unit 
B1, G/F, Pioneer Building, 213 Wai Yip St., Kwun Tong, Kowloon, Hong 
Kong; and Unit A, G/F, Pioneer Building, 213 Wai Yip St., Kwun Tong, 
Kowloon, Hong Kong;
    (3) Kitronix Display, Unit B1, G/F, Pioneer Building, 213 Wai Yip 
St., Kwun Tong, Kowloon, Hong Kong;
    (4) Reekay Technology Ltd., a.k.a., the following one alias:

--Reekay Technology.
    Suite 502, 5th Floor Arion Commercial Centre, No. 2-12 Queens Road 
West, Sheung Wan, Hong Kong;

    (5) Sky Rise Technology Ltd., a.k.a., the following one alias:

--Sky Rise Tech.
     Room 1905, 19/F, Nam Wo Hong Bldg., 148 Wing Lok Street, Sheung 
Wang, Hong Kong; and Room 1118, 11/F, Block B1, Yau Tong Industrial 
City, 17 Ko Fai Road, Yau Tong, Kowloon, Hong Kong; and 1119, 11/F, 
Block B, Yau Tong Industrial City, 17 Ko Fai Road, Yau Tong, Kowloon, 
Hong Kong (See also address under China);

    (6) TiMi Technologies Co., Ltd., a.k.a., the following two aliases:

--TiMi Technology Co. Ltd.; and
--TiMi Tech.
    Room 1119, 11/F, Block B, Yau Tong Industrial City, 17 Ko Fai Road, 
Yau Tong, Kowloon, Hong Kong; and Room 1118, 11/F, Block B1, Yau Tong 
Industrial City, 17 Ko Fai Road, Yau Tong, Kowloon, Hong Kong; and Unit 
A, G/F, Pioneer Building, 213 Wai Yip St., Kwun Tong, Kowloon, Hong 
Kong; and Room 1905, 19/F, Nam Wo Hong Bldg., 148 Wing Lok Street, 
Sheung Wang, Hong Kong (See also addresses under China);

    (7) Wang Wei, a.k.a., the following one alias:

--Jack Wang.
    Room 1905, 19/F, Nam Wo Hong Bldg., 148 Wing Lok Street, Sheung 
Wang, Hong Kong; and Room 1118, 11/F, Block B, Yau Tong Industrial 
City, 17 Ko Fai Road, Yau Tong, Kowloon, Hong Kong; and Room 1119, 11/
F, Block B, Yau Tong Industrial City, 17 Ko Fai Road, Yau Tong, 
Kowloon, Hong Kong (See also addresses under China).

Removals From the Entity List

    This rule implements a decision of the ERC to remove two persons, 
Weihai New Era Chemical Industrial Company Limited, located in China; 
and Able City Development Limited, located in Hong Kong, from the 
Entity List. This rule removes Weihai New Era Chemical Industrial 
Company Limited on the basis of a removal request submitted by this 
listed person pursuant to Sec.  744.16 (Procedure for requesting 
removal or modification of an Entity List entity) of the EAR. Able City 
Development Limited is being removed pursuant to a proposal submitted 
by an End-User

[[Page 69854]]

Review Committee (ERC) member agency, in accordance with Supplement No. 
5 to Part 744 of the EAR, as discussed below.
    A. Removal pursuant to Sec.  744.16.
    Based upon a review of the information provided in a removal 
request made in accordance with Sec.  744.16 of the EAR and further 
review conducted by the ERC, the ERC determined that the Weihai New Era 
Chemical Industrial Company Limited should be removed from the Entity 
List.
    Weihai New Era Chemical Industrial Company Limited was added to the 
Entity List on May 1, 2014 (79 FR 24563) pursuant to Sec.  744.11(b)(2) 
and (b)(5) of the EAR. The ERC's decision to remove Weihai New Era 
Chemical Industrial Company Limited from the Entity List was based on 
information provided by the company in its appeal request pursuant to 
Sec.  744.16.
    In accordance with Sec.  744.16(c), the Deputy Assistant Secretary 
for Export Administration has sent written notification informing this 
person of the ERC's decision.
    B. Other removal based on ERC decision.
    This rule implements a decision of the ERC to remove one person 
located in Hong Kong, Able City Development Limited, from the Entity 
List. The ERC determined that this person no longer met the criteria 
for inclusion on the Entity List. Able City Development Limited was 
added to the Entity List on July 21, 2009 (74 FR 35797) pursuant to 
Sec.  744.11(b) of the EAR. In accordance with the procedures outlined 
in Supplement No. 5 to part 744 of the EAR, any agency that 
participates in the ERC may make a proposal to add, modify or remove an 
entry from the Entity List by submitting that proposal to the chairman. 
For this removal, an ERC member agency proposed to the ERC to remove 
Able City Development Limited because a review of records indicated 
that the entity has dissolved. Because this entity does not exist, in 
accordance with Sec.  744.16(c), the Deputy Assistant Secretary for 
Export Administration has not sent written notification informing this 
person of the ERC's decision.
    This final rule implements the decision to remove the following two 
persons from the Entity List:
China
    (1) Weihai New Era Chemical Industrial Company Limited, No. 985 
Fenghua Shan Road, Yangting New Industrial District, Huancui District, 
Weihai, China.
Hong Kong
    (1) Able City Development Limited, Unit C, 9/F Neich Tower, 128 
Gloucester Road, Wanchai, Hong Kong; and Unit 401, Harbour Ctr., Tower 
2, 8 Hok Cheung Street, Hung Hom, Kowloon, Hong Kong.
    The removal of the two entities referenced above, which was 
approved by the ERC, eliminates the existing license requirements in 
Supplement No. 4 to part 744 for exports, reexports and transfers (in-
country) to these entities. However, the removal of these two entities 
from the Entity List does not relieve persons of other obligations 
under part 744 of the EAR or under other parts of the EAR. Neither the 
removal of an entity from the Entity List nor the removal of Entity 
List-based license requirements relieves persons of their obligations 
under General Prohibition 5 in Sec.  736.2(b)(5) of the EAR which 
provides that, ``you may not, without a license, knowingly export or 
reexport any item subject to the EAR to an end-user or end-use that is 
prohibited by part 744 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. Additionally, as 
noted above, Able City Development Limited no longer exists so there 
should be no transactions involving this person.

Modifications to the Entity List

    This final rule implements decisions of the ERC to modify ten 
existing entries on the Entity List. Under the destination of China, 
the ERC made a determination to add six additional addresses and eight 
additional aliases to the entry for China Electronics Technology Group 
Corporation 29 (CETC 29) Research Institute. Under the destination of 
Hong Kong, the ERC made a determination to make the following 
modifications to nine entries, as follows: add one additional address 
to the entry for Biznest, LTD; add one additional address to the entry 
for Giant Base Asia Limited; add one additional address to the entry 
for Jadeshine Engineering (HK) Co.; add one additional address to the 
entry for JLD Technology; add one additional address and two additional 
aliases to the entry for Kinglead Electronics Co., Ltd.; add one alias 
to the entry for PRC Lode Technology Company; add one additional 
address to the entry for Serko Limited; add one additional address and 
one alias to the entry for Tex-Co Logistics Ltd.; and add one 
additional address and one alias to the entry for Yeraz, LTD.
    This final rule makes the following modifications to ten entries on 
the Entity List:
China
    (1) China Electronics Technology Group Corporation 29 (CETC 29) 
Research Institute, a.k.a., the following ten aliases:

--CETC 29th Research Institute;
--China Southwest Electronic Equipment Research Institute (SWIEE);
--29 (SIWEI Co) Institute;
--SIWI Electronics Corporation;
--Chengdu SIWI Electronics Inc.;
--Chengdu SIWEI Electronics Company;
--Chengdu 29 Institute;
--Si Wei Company 29th Institute;
--SIWI Group; and
--Southwest China Institute of Electronics.
    No. 496 West Yingkang Road, Chengdu, Sichuan Province 610036, 
China; and Box #429, #1 Waixichadianziheng Street, Chengdu, Sichuan 
Province 610036, China; and 5 Cheng Wen Road, Chengdu, China 610036; 
and No. 3 Research Department, Zhongdian, China; and No. 29 Institute, 
Waixi Chadi, Chengdu, China; and No. 81 BaiChao Road, XiPu Town, PiXian 
County, Chengdu, China; and Siwei Electron Mansion, Xiejiasi, Qingyang, 
Chengdu, China; and 1 Hengjie Chadianzi Western Suburb, Chengdu, China.
Hong Kong
    (1) Biznest, LTD, Room 927 9/F Far East Consortium Building, 121 
Des Voeux Road C, Central District, Hong Kong; and 4/F, Hong Kong Trade 
Centre, 161-167 Des Voeux Road, Central, Hong Kong;
    (2) Giant Base Asia Limited, Room 2205, 22/F, Kowloon Building, 555 
Nathan Road, Hong Kong; and Flat E, Block 1, 12/F, Superluck Industrial 
Centre, Tsuen Wan, New Territories, Hong Kong;
    (3) Jadeshine Engineering (HK) Co., Room 702, Boss Commercial 
Centre, Ferry Street 38, Kowloon, Hong Kong; and G/F BLK C 255 Sai Tau 
Wai DD 123 Lot 1307 Yuen Long, NT, Hong Kong;
    (4) JLD Technology, Hong Kong Co., Ltd., Room 1237, Pacific Trade 
Centre, No. 2 Kai Hing Road, Kowloon Bay, Hong Kong; and Room 301-2, 
Hang Seng Wanchai Building, 3rd Floor, No. 200 Hennessy Road, Wanchai, 
Hong Kong;

[[Page 69855]]

    (5) Kinglead Electronics Co., Ltd., a.k.a., the following four 
aliases:

--Kinglead International Trading;
--Kinglead Trading;
--Kinglead International Trading Limited; and
--Phonide Electronics Limited.
    Room 1041 Pacific Trade Center, No. 2 Kai Hing Road, Kowloon Bay, 
Hong Kong; and B5-3, 29/F, Legend Tower, 7 Shing Yip Street, Kwun Tong, 
Kowloon, Hong Kong (See alternate address under China);

    (6) PRC Lode Technology Company, a.k.a., the following one alias:

--Lode International Limited.
    Room 1019-1020 Nan Fung Centre, 264-298 Castle Peak Road, Tsuen Wan 
New Territories, Hong Kong; and Room 1522 Nan Fung Centre, 264-298 
Castle Peak Road, Tsuen Wan New Territories, Hong Kong (See alternate 
addresses under China);

    (7) Serko Limited, Room 704 7/F, Landwide Commercial Building, 118-
120 Austin Rd, Tsim Sha Tsui, Hong Kong; and Room 1509, Unit A, 15th 
Floor, Mai Shun Industrial Building, No. 18-24 Kwai Cheong Road, New 
Territories, Hong Kong;
    (8) Tex-Co Logistics Ltd., a.k.a., the following one alias:

--Tex-Co Hongxin Logistics Limited.
    GF Seapower Industrial Building 177, Hoi Bun Road, Kowloon, Hong 
Kong, and Room 2202, 22F, Causeway Bay Plaza 1, 489 Hennessey Road, 
Causeway Bay, Hong Kong, and Room B03, 6/F, Cheong Wah Factory 
Building, 39-41 Sheung Heung Road, Tokwawan, Kowloon, Hong Kong; and 
Room G, 6/F Winner Building, 36 Man Yue Street, Hung Hom, Kowloon; and

    (9) Yeraz, LTD, a.k.a., the following one alias:

--Mikrocity HK Limited.
    Room 927 9/F Far East Consortium Building, 121 Des Voeux Road C, 
Central District, Hong Kong; and Room 402-403, 4/F, Hong Kong Trade 
Centre, 161-167 Des Voeux Road, Central, Hong Kong.

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 November 12, 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, 2015, 80 FR 48233 (August 11, 2015), 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 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. For the seven persons under ten entries added to the Entity List 
in this final rule, and the ten existing entities whose entries on the 
Entity List are being modified to provide additional or modified 
addresses and/or aliases, 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 persons being added to the Entity 
List. If this rule were delayed to allow for notice and comment and a 
delay in effective date, then entities being added to the Entity List 
or modified 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, 
because these parties may receive notice of the U.S. Government's 
intention to place this entity on the Entity List if a proposed rule is 
published, doing so would create an incentive for these persons 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, 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.
    For the two removals from the Entity List in this final rule, 
pursuant to the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), 
BIS finds good cause to waive requirements that this rule be subject to 
notice and the opportunity for public comment because it would be 
contrary to the public interest.
    In determining whether to grant removal requests from the Entity 
List, a committee of U.S. Government agencies (the End-User Review 
Committee (ERC)) evaluates information about and commitments made by 
listed persons requesting removal from the Entity List, the nature and 
terms of which are set

[[Page 69856]]

forth in 15 CFR part 744, Supplement No. 5, as noted in 15 CFR 
744.16(b). The information, commitments, and criteria for this 
extensive review were all established through the notice of proposed 
rulemaking and public comment process (72 FR 31005 (June 5, 2007) 
(proposed rule), and 73 FR 49311 (August 21, 2008) (final rule)). These 
two removals have been made within the established regulatory framework 
of the Entity List. One of the entities removed by this rule no longer 
exists. 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 to the other entity removed by this rule because the 
customer remained a listed person on the Entity List even after the ERC 
approved the removal pursuant to the rule published at 73 FR 49311 on 
August 21, 2008. By publishing without prior notice and comment, BIS 
allows the applicant to receive U.S. exports immediately since the 
applicant already has received approval by the ERC pursuant to 15 CFR 
part 744, Supplement No. 5, as noted in 15 CFR 744.16(b).
    The removal from the Entity List as a result of a removal request 
granted by the ERC or for other reasons involve interagency 
deliberation and result from review of public and non-public sources, 
including sensitive law enforcement information and classified 
information, and the measurement of such information against the Entity 
List removal criteria. This information is extensively reviewed, 
including according to the criteria for evaluating removal requests 
from the Entity List, as set out in 15 CFR part 744, Supplement No. 5 
and 15 CFR 744.16(b). For reasons of national security, BIS is not at 
liberty to provide to the public detailed information on which the ERC 
relied to make the decisions to remove these two entities. In addition, 
the information included in the removal request is information 
exchanged between the applicant and the ERC, which by law (section 
12(c) of the Export Administration Act), BIS is restricted from sharing 
with the public. Moreover, removal requests from the Entity List 
contain confidential business information, which is necessary for the 
extensive review conducted by the U.S. Government in assessing such 
removal requests.
    Section 553(d) of the APA generally provides that rules may not 
take effect earlier than thirty (30) days after they are published in 
the Federal Register. BIS finds good cause to waive the 30-day delay in 
effectiveness under 5 U.S.C. 553(d)(1) because this rule is a 
substantive rule which relieves a restriction. This rule's removal of 
two persons from the Entity List removes a requirement (the Entity-
List-based license requirement and limitation on use of license 
exceptions) on these two persons being removed from the Entity List. 
The rule does not impose a requirement on any other person for these 
two removals from the Entity List.
    No other law requires that a notice of proposed rulemaking and an 
opportunity for public comment be given for this final rule. Because a 
notice of proposed rulemaking and an opportunity for public comment are 
not required under the APA or by any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. As a result, no final 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 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); 
Notice of September 18, 2015, 80 FR 57281 (September 22, 2015).


0
2. Supplement No. 4 to part 744 is amended:
0
a. By adding under China, in alphabetical order, three Chinese 
entities;
0
b. By revising under China, one Chinese entity, ``China Electronics 
Technology Group Corporation 29 (CETC 29) Research Institute'';
0
c. By removing under China, one Chinese entity, ``Weihai New Era 
Chemical Industrial Company Limited, No. 985 Fenghua Shan Road, 
Yangting New Industrial District, Huancui District, Weihai, China.'';
0
d. By adding under Hong Kong, in alphabetical order, seven Hong Kong 
entities;
0
e. By revising under Hong Kong, nine Hong Kong entities, ``Biznest, 
LTD'', ``Giant Base Asia Limited'', ``Jadeshine Engineering (HK) Co.'', 
``JLD Technology'', ``Kinglead Electronics Co., Ltd.'', ``PRC Lode 
Technology Company'', ``Serko Limited'', ``Tex-Co Logistics Ltd.'', 
``Yeraz, LTD''; and
0
f. By removing under Hong Kong, one Hong Kong entity, ``Able City 
Development Limited, Unit C, 9/F Neich Tower, 128 Gloucester Road, 
Wanchai, Hong Kong; and Unit 401, Harbour Ctr., Tower 2, 8 Hok Cheung 
Street, Hung Hom, Kowloon, Hong Kong.''
    The additions and revisions read as follows:

Supplement No. 4 to Part 744--Entity List

* * * * *

[[Page 69857]]



----------------------------------------------------------------------------------------------------------------
                                                            License         License  review    Federal Register
             Country                    Entity            requirement           policy             citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
   China, People's Republic of
 
                                                  * * * * * * *
                                  China Electronics   For all items       Presumption of      79 FR 44680, 8/1/
                                   Technology Group    subject to the      denial.             2014.
                                   Corporation 29      EAR. (See Sec.                         80 FR [INSERT FR
                                   (CETC 29)           744.11 of the                           PAGE NUMBER], 11/
                                   Research            EAR).                                   12/2015.
                                   Institute,
                                   a.k.a., the
                                   following ten
                                   aliases:
                                  --CETC 29th
                                   Research
                                   Institute;.
                                  --China Southwest
                                   Electronic
                                   Equipment
                                   Research
                                   Institute
                                   (SWIEE);
                                  --29 (SIWEI Co)
                                   Institute;
                                  --SIWI Electronics
                                   Corporation;
                                  --Chengdu SIWI
                                   Electronics Inc.;
                                  --Chengdu SIWEI
                                   Electronics
                                   Company;
                                  --Chengdu 29
                                   Institute;
                                  --Si Wei Company
                                   29th Institute;
                                  --SIWI Group; and
                                  --Southwest China
                                   Institute of
                                   Electronics
                                  No. 496 West
                                   Yingkang Road,
                                   Chengdu, Sichuan
                                   Province 610036,
                                   China; and Box
                                   #429, #1
                                   Waixichadianzihen
                                   g Street,
                                   Chengdu, Sichuan
                                   Province 610036,
                                   China; and 5
                                   Cheng Wen Road,
                                   Chengdu, China
                                   610036; and No.3
                                   Research
                                   Department,
                                   Zhongdian, China;
                                   and No. 29
                                   Institute, Waixi
                                   Chadi, Chengdu,
                                   China; and No.81
                                   BaiChao Road,
                                   XiPu Town, PiXian
                                   County, Chengdu,
                                   China; and Siwei
                                   Electron Mansion,
                                   Xiejiasi,
                                   Qingyang,
                                   Chengdu, China;
                                   and 1 Hengjie
                                   Chadianzi Western
                                   Suburb, Chengdu,
                                   China.
 
                                                  * * * * * * *
                                  Sky Rise            For all items       Presumption of      80 FR [INSERT FR
                                   Technology Ltd.,    subject to the      denial.             PAGE NUMBER], 11/
                                   a.k.a., the         EAR. (See Sec.                          12/2015.
                                   following one       744.11 of the
                                   alias:              EAR).
                                  --Sky Rise Tech...
                                  4-4-2301 Xinyi
                                   Jiayuan,
                                   Chongwenmen,
                                   Dongcheng,
                                   Beijing, China
                                   (See also
                                   addresses under
                                   Hong Kong).
 
                                                  * * * * * * *
                                  TiMi Technologies   For all items       Presumption of      80 FR [INSERT FR
                                   Co., Ltd.,          subject to the      denial.             PAGE NUMBER], 11/
                                   a.k.a., the         EAR. (See Sec.                          12/2015.
                                   following two       744.11 of the
                                   aliases:            EAR).
                                  --TiMi Technology
                                   Co. Ltd.
                                  --TiMi Tech.......
                                  F/10, A-Tower,
                                   Nongke Building,
                                   11/Shu Guang Hua
                                   Yuan Zhong Lu,
                                   Haidian District,
                                   Beijing, China,
                                   100097; and
                                   Nanhai Avenue,
                                   Nanshan District,
                                   518054, Shenzhen,
                                   China (See also
                                   addresses under
                                   Hong Kong)
 
                                                  * * * * * * *
                                  Wang Wei, a.k.a.,   For all items       Presumption of      80 FR [INSERT FR
                                   the following one   subject to the      denial.             PAGE NUMBER], 11/
                                   alias:              EAR. (See Sec.                          12/2015.
                                  --Jack Wang.......   744.11 of the
                                                       EAR).

[[Page 69858]]

 
                                  4-4-2301 Xinyi
                                   Jiayuan,
                                   Chongwenmen,
                                   Dongcheng,
                                   Beijing, China;
                                   and F/10, A-
                                   Tower, Nongke
                                   Building, 11/Shu
                                   Guang Hua Yuan
                                   Zhong Lu, Haidian
                                   District,
                                   Beijing, China,
                                   100097 (See also
                                   addresses under
                                   Hong Kong)
 
                                                  * * * * * * *
Hong Kong.......................  32Group China       For all items       Presumption of      80 FR [INSERT FR
                                   Ltd., Room 1905,    subject to the      denial.             PAGE NUMBER], 11/
                                   19/F, Nam Wo Hong   EAR. (See Sec.                          12/2015.
                                   Bldg., 148 Wing     744.11 of the
                                   Lok Street,         EAR).
                                   Sheung Wang, Hong
                                   Kong; and Room
                                   1119, 11/F, Block
                                   B, Yau Tong
                                   Industrial City,
                                   17 Ko Fai Road,
                                   Yau Tong,
                                   Kowloon, Hong
                                   Kong.
 
                                                  * * * * * * *
                                  Biznest, LTD, Room  For all items       Presumption of      76 FR 44259, 7/25/
                                   927 9/F Far East    subject to the      denial.             11.
                                   Consortium          EAR. (See Sec.                         80 FR [INSERT FR
                                   Building, 121 Des   744.11 of the                           PAGE NUMBER], 11/
                                   Voeux Road C,       EAR).                                   12/2015.
                                   Central District,
                                   Hong Kong; and 4/
                                   F, Hong Kong
                                   Trade Centre, 161-
                                   167 Des Voeux
                                   Road, Central,
                                   Hong Kong.
 
                                                  * * * * * * *
                                  Caprice Group       For all items       Presumption of      80 FR [INSERT FR
                                   Ltd., Room 1119,    subject to the      denial.             PAGE NUMBER], 11/
                                   11/F, Block B1,     EAR. (See Sec.                          12/2015.
                                   Yau Tong            744.11 of the
                                   Industrial City,    EAR).
                                   17 Ko Fai Road,
                                   Yau Tong,
                                   Kowloon, Hong
                                   Kong; and Unit
                                   B1, G/F Pioneer
                                   Building, 213 Wai
                                   Yip St., Kwun
                                   Tong, Kowloon,
                                   Hong Kong; and
                                   Unit A, G/F,
                                   Pioneer Building,
                                   213 Wai Yip St.,
                                   Kwun Tong,
                                   Kowloon, Hong
                                   Kong.
 
                                                  * * * * * * *
                                  Giant Base Asia     For all items       Presumption of      78 FR 18808, 03/28/
                                   Limited, Room       subject to the      denial.             13.
                                   2205, 22/F,         EAR. (See Sec.                         80 FR [INSERT FR
                                   Kowloon Building,   744.11 of the                           PAGE NUMBER], 11/
                                   555 Nathan Road,    EAR).                                   12/2015.
                                   Hong Kong; and
                                   Flat E, Block 1,
                                   12/F, Superluck
                                   Industrial
                                   Centre, Tsuen
                                   Wan, New
                                   Territories, Hong
                                   Kong.
 
                                                  * * * * * * *
                                  Kitronix Display,   For all items       Presumption of      80 FR [INSERT FR
                                   Unit B1, G/F,       subject to the      denial.             PAGE NUMBER], 11/
                                   Pioneer Building,   EAR. (See Sec.                          12/2015.
                                   213 Wai Yip St.,    744.11 of the
                                   Kwun Tong,          EAR).
                                   Kowloon, Hong
                                   Kong.
 
                                                  * * * * * * *
                                  Jadeshine           For all items       Presumption of      78 FR 18808, 03/28/
                                   Engineering (HK)    subject to the      denial.             13.
                                   Co., Room 702,      EAR. (See Sec.                         80 FR [INSERT FR
                                   Boss Commercial     744.11 of the                           PAGE NUMBER], 11/
                                   Centre, Ferry       EAR).                                   12/2015.
                                   Street 38,
                                   Kowloon, Hong
                                   Kong; and G/F BLK
                                   C 255 Sai Tau Wai
                                   DD 123 Lot 1307
                                   Yuen Long, NT,
                                   Hong Kong.
 
                                                  * * * * * * *
                                  JLD Technology,     For all items       Presumption of      79 FR 32441, 6/5/
                                   Hong Kong Co.,      subject to the      denial.             14.
                                   Ltd., Room 1237,    EAR. (See Sec.                         80 FR [INSERT FR
                                   Pacific Trade       744.11 of the                           PAGE NUMBER], 11/
                                   Centre, No. 2 Kai   EAR).                                   12/2015.
                                   Hing Road,
                                   Kowloon Bay, Hong
                                   Kong; and Room
                                   301-2, Hang Seng
                                   Wanchai Building,
                                   3rd Floor, No.
                                   200 Hennessy
                                   Road, Wanchai,
                                   Hong Kong.
 

[[Page 69859]]

 
                                                  * * * * * * *
                                  Kinglead            For all items       Presumption of      79 FR 32441,
                                   Electronics Co.,    subject to the      denial.            6/5/14.
                                   Ltd., a.k.a., the   EAR. (See Sec.                         80 FR [INSERT FR
                                   following four      744.11 of the                           PAGE NUMBER], 11/
                                   aliases:            EAR).                                   12/2015.
                                  --Kinglead
                                   InternationalTrad
                                   ing;.
                                  --Kinglead
                                   Trading;.
                                  --Kinglead
                                   International
                                   Trading Limited;
                                   and.
                                  --Phonide
                                   Electronics
                                   Limited.
                                  Room 1041 Pacific
                                   Trade Center, No.
                                   2 Kai Hing Road,
                                   Kowloon Bay, Hong
                                   Kong; and B5-3,
                                   29/F, Legend
                                   Tower, 7 Shing
                                   Yip Street, Kwun
                                   Tong, Kowloon,
                                   Hong Kong (See
                                   alternate address
                                   under China)..
 
                                                  * * * * * * *
                                  PRC Lode            For all items       Presumption of      79 FR 44680, 8/1/
                                   Technology          subject to the      denial.             2014.
                                   Company, a.k.a.,    EAR. (See Sec.                         80 FR [INSERT FR
                                   the following one   744.11 of the                           PAGE NUMBER], 11/
                                   alias:              EAR).                                   12/2015.
                                  --Lode
                                   International
                                   Limited..
                                  Room 1019-1020 Nan
                                   Fung Centre, 264-
                                   298 Castle Peak
                                   Road, Tsuen Wan
                                   New Territories,
                                   Hong Kong; and
                                   Room 1522 Nan
                                   Fung Centre, 264-
                                   298 Castle Peak
                                   Road, Tsuen Wan
                                   New Territories,
                                   Hong Kong (See
                                   alternate
                                   addresses under
                                   China)..
 
                                                  * * * * * * *
                                  Reekay Technology   For all items       Presumption of      80 FR [INSERT FR
                                   Ltd., a.k.a., the   subject to the      denial.             PAGE NUMBER], 11/
                                   following one       EAR. (See Sec.                          12/2015.
                                   alias:              744.11 of the
                                  --Reekay             EAR).
                                   Technology. Suite
                                   502, 5th Floor
                                   Arion Commercial
                                   Centre, No. 2-12
                                   Queens Road West,
                                   Sheung Wan, Hong
                                   Kong.
 
                                                  * * * * * * *
                                  Serko Limited,      For all items       Presumption of      77 FR 61249, 10/9/
                                   Room 704 7/F,       subject to the      denial.             12.
                                   Landwide            EAR. (See Sec.                         80 FR [INSERT FR
                                   Commercial          744.11 of the                           PAGE NUMBER], 11/
                                   Building, 118-120   EAR).                                   12/2015.
                                   Austin Rd, Tsim
                                   Sha Tsui, Hong
                                   Kong; and Room
                                   1509, Unit A,
                                   15th Floor, Mai
                                   Shun Industrial
                                   Building, No. 18-
                                   24 Kwai Cheong
                                   Road, New
                                   Territories, Hong
                                   Kong.
 
                                                  * * * * * * *
                                  Sky Rise            For all items       Presumption of      80 FR [INSERT FR
                                   Technology Ltd.,    subject to the      denial.             PAGE NUMBER], 11/
                                   a.k.a., the         EAR. (See Sec.                          12/2015.
                                   following one       744.11 of the
                                   alias:              EAR).
                                  --Sky Rise Tech...
                                  Room 1905, 19/F,
                                   Nam Wo Hong
                                   Bldg., 148 Wing
                                   Lok Street,
                                   Sheung Wang, Hong
                                   Kong; and Room
                                   1118, 11/F, Block
                                   B1, Yau Tong
                                   Industrial City,
                                   17 Ko Fai Road,
                                   Yau Tong,
                                   Kowloon, Hong
                                   Kong; and Room
                                   1119, 11/F, Block
                                   B, Yau Tong
                                   Industrial City,
                                   17 Ko Fai Road,
                                   Yau Tong,
                                   Kowloon, Hong
                                   Kong (See also
                                   address under
                                   China)..
 

[[Page 69860]]

 
                                                  * * * * * * *
                                  Tex-Co Logistics    For all items       Presumption of      75 FR 7358,
                                   Ltd., a.k.a., the   subject to the      denial.            2/19/10.
                                   following one       EAR. (See Sec.                         80 FR [INSERT FR
                                   alias:              744.11 of the                           PAGE NUMBER], 11/
                                  --Tex-Co Hongxin     EAR).                                   12/2015.
                                   Logistics
                                   Limited..
                                  GF Seapower
                                   Industrial
                                   Building 177, Hoi
                                   Bun Road,
                                   Kowloon, Hong
                                   Kong, and Room
                                   2202, 22F,
                                   Causeway Bay
                                   Plaza 1, 489
                                   Hennessey Road,
                                   Causeway Bay,
                                   Hong Kong, and
                                   Room B03, 6/F,
                                   Cheong Wah
                                   Factory Building,
                                   39-41 Sheung
                                   Heung Road,
                                   Tokwawan,
                                   Kowloon, Hong
                                   Kong; and Room G,
                                   6/F Winner
                                   Building, 36 Man
                                   Yue Street, Hung
                                   Hom, Kowloon..
                                  TiMi Technologies   For all items       Presumption of      80 FR [INSERT FR
                                   Co., Ltd.,          subject to the      denial.             PAGE NUMBER], 11/
                                   a.k.a., the         EAR. (See Sec.                          12/2015.
                                   following two       744.11 of the
                                   aliases:            EAR).
                                  --TiMi Technology
                                   Co. Ltd..
                                  --TiMi Tech.......
                                  Room 1119, 11/F,
                                   Block B, Yau Tong
                                   Industrial City,
                                   17 Ko Fai Road,
                                   Yau Tong,
                                   Kowloon, Hong
                                   Kong; and Room
                                   1118, 11/F, Block
                                   B1, Yau Tong
                                   Industrial City,
                                   17 Ko Fai Road,
                                   Yau Tong,
                                   Kowloon, Hong
                                   Kong; and Unit A,.
                                  G/F, Pioneer
                                   Building, 213 Wai
                                   Yip St., Kwun
                                   Tong, Kowloon,
                                   Hong Kong; and
                                   Room 1905, 19/F,
                                   Nam Wo Hong
                                   Bldg., 148 Wing
                                   Lok Street,
                                   Sheung Wang, Hong
                                   Kong (See also
                                   addresses under
                                   China).
 
                                                  * * * * * * *
                                  Wang Wei, a.k.a.,   For all items       Presumption of      80 FR [INSERT FR
                                   the following one   subject to the      denial.             PAGE NUMBER], 11/
                                   alias:              EAR. (See Sec.                          12/2015.
                                  --Jack Wang.......   744.11 of the
                                  Room 1905, 19/F,     EAR).
                                   Nam Wo Hong
                                   Bldg., 148 Wing
                                   Lok Street,
                                   Sheung Wang, Hong
                                   Kong; and Room
                                   1118, 11/F, Block
                                   B, Yau Tong
                                   Industrial City,
                                   17 Ko Fai Road,
                                   Yau Tong,
                                   Kowloon, Hong
                                   Kong; and Room
                                   1119, 11/F, Block
                                   B, Yau Tong
                                   Industrial City,
                                   17 Ko Fai Road,
                                   Yau Tong,
                                   Kowloon, Hong
                                   Kong (See also
                                   addresses under
                                   China)..
 
                                                  * * * * * * *
                                  Yeraz, LTD,         For all items       Presumption of      76 FR 44259, 7/25/
                                   a.k.a., the         subject to the      denial.             11.
                                   following one       EAR. (See Sec.                         80 FR [INSERT FR
                                   alias:              744.11 of the                           PAGE NUMBER], 11/
                                  --Mikrocity HK       EAR).                                   12/2015.
                                   Limited..
                                  Room 927 9/F Far
                                   East Consortium
                                   Building, 121 Des
                                   Voeux Road C,
                                   Central District,
                                   Hong Kong; and
                                   Room 402-403, 4/
                                   F, Hong Kong
                                   Trade Centre, 161-
                                   167 Des Voeux
                                   Road, Central,
                                   Hong Kong..
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------



[[Page 69861]]

    Dated: November 5, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-28552 Filed 11-10-15; 8:45 am]
 BILLING CODE 3510-33-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on November 12, 2015.
ContactChair, 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 Citation80 FR 69852 
RIN Number0694-AG74
CFR AssociatedExports; Reporting and Recordkeeping Requirements and Terrorism

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR