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)
Bureau of Industry and Security
Federal Register Volume 80, Issue 218 (November 12, 2015)
| Page Range | 69852-69861 | |
| FR Document | 2015-28552 |
[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
![69852 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
(2) Service information identified in this Airworthiness Limitation Items’’ dated second person from the Entity List
AD that is not incorporated by reference in December 21, 2006. following a proposal submitted by an
this AD is available at the addresses specified (5) For service information identified in ERC member agency, in accordance
in paragraphs (n)(5) and (n)(6) of this AD. this AD, contact Airbus, Airworthiness with the procedure for requesting
Office—EAS, 1 Rond Point Maurice Bellonte,
(n) Material Incorporated by Reference
31707 Blagnac Cedex, France; telephone +33
removal or modification of an Entity
(1) The Director of the Federal Register 5 61 93 36 96; fax +33 5 61 93 44 51; email List entity.
approved the incorporation by reference account.airworth-eas@airbus.com; Internet Finally, this final rule modifies ten
(IBR) of the service information listed in this http://www.airbus.com. existing entries on the Entity List
paragraph under 5 U.S.C. 552(a) and 1 CFR (6) You may view this service information consisting of one entry under China and
part 51. at the FAA, Transport Airplane Directorate, nine entries under Hong Kong to
(2) You must use this service information 1601 Lind Avenue SW., Renton, WA. For provide additional or modified
as applicable to do the actions required by information on the availability of this addresses and/or aliases for these
this AD, unless this AD specifies otherwise. material at the FAA, call 425–227–1221. persons.
(3) The following service information was (7) You may view this service information
approved for IBR on November 27, 2015. that is incorporated by reference at the DATES: This rule is effective on
(i) ALS Part 1, ‘‘Safe Life Airworthiness National Archives and Records November 12, 2015.
Limitation Items,’’ Revision 01, dated Administration (NARA). For information on FOR FURTHER INFORMATION CONTACT:
September 5, 2013, of the Airbus Model A300 the availability of this material at NARA, call Chair, End-User Review Committee,
Airworthiness Limitations Section. 202–741–6030, or go to: http:// Office of the Assistant Secretary, Export
(ii) ALS Part 1, ‘‘Safe Life Airworthiness www.archives.gov/federal-register/cfr/ibr-
Limitation Items,’’ Revision 01, dated Administration, Bureau of Industry and
locations.html.
September 5, 2013, of the Airbus Model Security, Department of Commerce,
A300–600 Airworthiness Limitations Issued in Renton, Washington, on October Phone: (202) 482–5991, Fax: (202) 482–
Section. 21, 2015. 3911, Email: ERC@bis.doc.gov.
(iii) ALS Part 1, ‘‘Safe Life Airworthiness Jeffrey E. Duven, SUPPLEMENTARY INFORMATION:
Limitation Items,’’ Revision 01, dated Manager, Transport Airplane Directorate,
September 5, 2013, of the Airbus Model A310 Aircraft Certification Service. Background
Airworthiness Limitations Section. [FR Doc. 2015–27449 Filed 11–10–15; 8:45 am] The Entity List (Supplement No. 4 to
(4) The following service information was Part 744) identifies entities and other
BILLING CODE 4910–13–P
approved for IBR on October 27, 2009 (74 FR persons reasonably believed to be
48143, September 22, 2009).
(i) Section 05–10–00 of Chapter 05,
involved, or to pose a significant risk of
‘‘Service Life Limits and Maintenance DEPARTMENT OF COMMERCE being or becoming involved, in
Checks,’’ of the Airbus A300 Aircraft activities contrary to the national
Maintenance Manual (AMM), Revision 28, Bureau of Industry and Security security or foreign policy interests of the
dated February 27, 1998. United States. The EAR imposes
(A) The AMM title page; the Record of 15 CFR Part 744 additional license requirements on, and
Revisions, Effective Pages, and Table of limits the availability of most license
Content pages; and Section 05–10–00; for [Docket No. 150911846–5846–01] exceptions for, exports, reexports, and
Chapter 05 of Airbus A300 AMM are all RIN 0694–AG74 transfers (in-country) to those listed.
dated February 27, 1998.
The ‘‘license review policy’’ for each
(B) The revision level of Chapter 05 of the Addition of Certain Persons and
Airbus A300 AMM is indicated only in the listed entity or other person is identified
Record of Revisions section of Chapter 05.
Modification of Certain Entries to the in the License Review Policy column on
(C) The List of Effective Pages (LOEP) for Entity List; and Removal of Certain the Entity List and the impact on the
Chapter 05 of the Airbus A300 AMM Persons From the Entity List availability of license exceptions is
contains the discrepancies identified in
AGENCY: Bureau of Industry and described in the Federal Register notice
paragraphs (n)(4)(i)(C)(1) through adding entities or other persons to the
(n)(4)(i)(C)(4) of this AD. Security, Commerce.
Entity List. BIS places entities and other
(1) The Transmittal Letter page, page 4 of ACTION: Final rule.
persons on the Entity List pursuant to
the LOEP and Table of Contents sections,
SUMMARY: This rule amends the Export sections of part 744 (Control Policy:
page 2 of Subsection 05–00–01, Subsection
05–10–00, and page 1 of Subsection 05–11– Administration Regulations (EAR) by End-User and End-Use Based) and part
11, are not listed in the LOEP for Chapter 05 adding seven persons under ten entries 746 (Embargoes and Other Special
of the Airbus A300 AMM. to the Entity List. The seven persons Controls) of the EAR.
(2) The LOEP for Chapter 05 of the Airbus who are added to the Entity List have The ERC, composed of representatives
A300 AMM does not specify a date for the been determined by the U.S. of the Departments of Commerce
Record of Revisions page. Government to be acting contrary to the (Chair), State, Defense, Energy and,
(3) The LOEP for Chapter 05 of the Airbus where appropriate, the Treasury, makes
A300 AMM identifies three pages for
national security or foreign policy
interests of the United States. These all decisions regarding additions to,
Subsection 05–11–00, Configuration 5; removals from, or other modifications to
however, only one page exists. persons will be listed on the Entity List
under the destinations of China and the Entity List. The ERC makes all
(4) The LOEP for Chapter 05 of the Airbus
A300 AMM identifies three pages for Hong Kong. decisions to add an entry to the Entity
Subsection 05–11–00, Configuration 9; This final rule also removes two List by majority vote and all decisions
however, those pages do not exist. persons from the Entity List. One entity to remove or modify an entry by
(ii) Airbus A300 Airworthiness Limitations requested removal from the Entity List unanimous vote.
mstockstill on DSK4VPTVN1PROD with RULES
Section, ALS Part 1, ‘‘Safe Life Airworthiness in accordance with the procedure for
Limitations Items’’ dated September 6, 2007. ERC Entity List Decisions
requesting removal or modification of
(iii) Airbus A300–600 Airworthiness Additions to the Entity List
Limitations Section, ALS Part 1, ‘‘Safe Life an Entity List entity. The End-User
Airworthiness Limitations Items’’ dated Review Committee (ERC) decided to This rule implements the decision of
December 21, 2006. remove this entity following a review of the ERC to add seven persons under ten
(iv) Airbus A310 Airworthiness information provided in the removal entries to the Entity List. These seven
Limitations Section, ALS Part 1, ‘‘Safe Life request. The ERC decided to remove a persons are being added on the basis of
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![69856 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
forth in 15 CFR part 744, Supplement Administration Act), BIS is restricted FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
No. 5, as noted in 15 CFR 744.16(b). The from sharing with the public. Moreover, 12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
information, commitments, and criteria removal requests from the Entity List 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
for this extensive review were all contain confidential business Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
established through the notice of information, which is necessary for the 44025, 3 CFR, 2001 Comp., p. 783; E.O.
proposed rulemaking and public extensive review conducted by the U.S. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
comment process (72 FR 31005 (June 5, Government in assessing such removal 786; Notice of September 17, 2014, 79 FR
2007) (proposed rule), and 73 FR 49311 requests. 56475 (September 19, 2014); Notice of
(August 21, 2008) (final rule)). These Section 553(d) of the APA generally November 7, 2014, 79 FR 67035 (November
two removals have been made within provides that rules may not take effect 12, 2014); Notice of January 21, 2015, 80 FR
the established regulatory framework of earlier than thirty (30) days after they 3461 (January 22, 2015); Notice of August 7,
the Entity List. One of the entities are published in the Federal Register. 2015, 80 FR 48233 (August 11, 2015); Notice
removed by this rule no longer exists. If BIS finds good cause to waive the 30- of September 18, 2015, 80 FR 57281
the rule were to be delayed to allow for day delay in effectiveness under 5 (September 22, 2015).
public comment, U.S. exporters may U.S.C. 553(d)(1) because this rule is a ■ 2. Supplement No. 4 to part 744 is
face unnecessary economic losses as substantive rule which relieves a amended:
they turn away potential sales to the restriction. This rule’s removal of two ■ a. By adding under China, in
other entity removed by this rule persons from the Entity List removes a alphabetical order, three Chinese
because the customer remained a listed requirement (the Entity-List-based entities;
person on the Entity List even after the license requirement and limitation on
■ b. By revising under China, one
ERC approved the removal pursuant to use of license exceptions) on these two
Chinese entity, ‘‘China Electronics
the rule published at 73 FR 49311 on persons being removed from the Entity
Technology Group Corporation 29
August 21, 2008. By publishing without List. The rule does not impose a
(CETC 29) Research Institute’’;
prior notice and comment, BIS allows requirement on any other person for
■ c. By removing under China, one
the applicant to receive U.S. exports these two removals from the Entity List.
No other law requires that a notice of Chinese entity, ‘‘Weihai New Era
immediately since the applicant already
proposed rulemaking and an Chemical Industrial Company Limited,
has received approval by the ERC
opportunity for public comment be No. 985 Fenghua Shan Road, Yangting
pursuant to 15 CFR part 744,
given for this final rule. Because a New Industrial District, Huancui
Supplement No. 5, as noted in 15 CFR
notice of proposed rulemaking and an District, Weihai, China.’’;
744.16(b).
The removal from the Entity List as a opportunity for public comment are not ■ d. By adding under Hong Kong, in
result of a removal request granted by required under the APA or by any other alphabetical order, seven Hong Kong
the ERC or for other reasons involve law, the analytical requirements of the entities;
interagency deliberation and result from Regulatory Flexibility Act (5 U.S.C. 601 ■ e. By revising under Hong Kong, nine
review of public and non-public et seq.) are not applicable. As a result, Hong Kong entities, ‘‘Biznest, LTD’’,
sources, including sensitive law no final regulatory flexibility analysis is ‘‘Giant Base Asia Limited’’, ‘‘Jadeshine
enforcement information and classified required and none has been prepared. Engineering (HK) Co.’’, ‘‘JLD
information, and the measurement of Technology’’, ‘‘Kinglead Electronics Co.,
List of Subjects in 15 CFR Part 744
such information against the Entity List Ltd.’’, ‘‘PRC Lode Technology
removal criteria. This information is Exports, Reporting and recordkeeping Company’’, ‘‘Serko Limited’’, ‘‘Tex-Co
extensively reviewed, including requirements, Terrorism. Logistics Ltd.’’, ‘‘Yeraz, LTD’’; and
according to the criteria for evaluating Accordingly, part 744 of the Export ■ f. By removing under Hong Kong, one
removal requests from the Entity List, as Administration Regulations (15 CFR Hong Kong entity, ‘‘Able City
set out in 15 CFR part 744, Supplement parts 730–774) is amended as follows: Development Limited, Unit C, 9/F Neich
No. 5 and 15 CFR 744.16(b). For reasons Tower, 128 Gloucester Road, Wanchai,
of national security, BIS is not at liberty PART 744—[AMENDED] Hong Kong; and Unit 401, Harbour Ctr.,
to provide to the public detailed ■ 1. The authority citation for 15 CFR Tower 2, 8 Hok Cheung Street, Hung
information on which the ERC relied to part 744 continues to read as follows: Hom, Kowloon, Hong Kong.’’
make the decisions to remove these two The additions and revisions read as
entities. In addition, the information Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; follows:
included in the removal request is 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
information exchanged between the Supplement No. 4 to Part 744—Entity
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, List
applicant and the ERC, which by law 1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
(section 12(c) of the Export 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 * * * * *
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![Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations 69857
Federal
License
Country Entity License requirement Register
review policy citation
* * * * * * *
China, People’s Republic
of
* * * * * * *
China Electronics Technology Group For all items subject to Presumption of denial ... 79 FR 44680, 8/1/2014.
Corporation 29 (CETC 29) Re- the EAR. (See 80 FR [INSERT FR
search Institute, a.k.a., the fol- § 744.11 of the EAR). PAGE NUMBER],
lowing ten aliases: 11/12/2015.
—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 Com-
pany;
—Chengdu 29 Institute;
—Si Wei Company 29th Institute;
—SIWI Group; and
—Southwest China Institute of Elec-
tronics
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 In-
stitute, Waixi Chadi, Chengdu,
China; and No.81 BaiChao Road,
XiPu Town, PiXian County,
Chengdu, China; and Siwei Elec-
tron Mansion, Xiejiasi, Qingyang,
Chengdu, China; and 1 Hengjie
Chadianzi Western Suburb,
Chengdu, China.
* * * * * * *
Sky Rise Technology Ltd., a.k.a., For all items subject to Presumption of denial ... 80 FR [INSERT FR
the following one alias: the EAR. (See PAGE NUMBER],
—Sky Rise Tech § 744.11 of the EAR). 11/12/2015.
4–4–2301 Xinyi Jiayuan,
Chongwenmen, Dongcheng, Bei-
jing, China (See also addresses
under Hong Kong).
* * * * * * *
TiMi Technologies Co., Ltd., a.k.a., For all items subject to Presumption of denial ... 80 FR [INSERT FR
the following two aliases: the EAR. (See PAGE NUMBER],
—TiMi Technology Co. Ltd § 744.11 of the EAR). 11/12/2015.
—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 ad-
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dresses under Hong Kong)
* * * * * * *
Wang Wei, a.k.a., the following one For all items subject to Presumption of denial ... 80 FR [INSERT FR
alias: the EAR. (See PAGE NUMBER],
—Jack Wang § 744.11 of the EAR). 11/12/2015.
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![69858 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
Federal
License
Country Entity License requirement Register
review policy citation
4–4–2301 Xinyi Jiayuan,
Chongwenmen, Dongcheng, Bei-
jing, China; and F/10, A-Tower,
Nongke Building, 11/Shu Guang
Hua Yuan Zhong Lu, Haidian Dis-
trict, Beijing, China, 100097 (See
also addresses under Hong Kong)
* * * * * * *
Hong Kong ..................... 32Group China Ltd., Room 1905, For all items subject to Presumption of denial ... 80 FR [INSERT FR
19/F, Nam Wo Hong Bldg., 148 the EAR. (See PAGE NUMBER],
Wing Lok Street, Sheung Wang, § 744.11 of the EAR). 11/12/2015.
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 927 9/F Far For all items subject to Presumption of denial ... 76 FR 44259, 7/25/11.
East Consortium Building, 121 the EAR. (See 80 FR [INSERT FR
Des Voeux Road C, Central Dis- § 744.11 of the EAR). PAGE NUMBER],
trict, Hong Kong; and 4/F, Hong 11/12/2015.
Kong Trade Centre, 161–167 Des
Voeux Road, Central, Hong Kong.
* * * * * * *
Caprice Group Ltd., Room 1119, 11/ For all items subject to Presumption of denial ... 80 FR [INSERT FR
F, Block B1, Yau Tong Industrial the EAR. (See PAGE NUMBER],
City, 17 Ko Fai Road, Yau Tong, § 744.11 of the EAR). 11/12/2015.
Kowloon, Hong Kong; and Unit
B1, G/F Pioneer Building, 213 Wai
Yip St., Kwun Tong, Kowloon,
Hong Kong; and Unit A, G/F, Pio-
neer Building, 213 Wai Yip St.,
Kwun Tong, Kowloon, Hong Kong.
* * * * * * *
Giant Base Asia Limited, Room For all items subject to Presumption of denial ... 78 FR 18808, 03/28/13.
2205, 22/F, Kowloon Building, 555 the EAR. (See 80 FR [INSERT FR
Nathan Road, Hong Kong; and § 744.11 of the EAR). PAGE NUMBER],
Flat E, Block 1, 12/F, Superluck 11/12/2015.
Industrial Centre, Tsuen Wan,
New Territories, Hong Kong.
* * * * * * *
Kitronix Display, Unit B1, G/F, Pio- For all items subject to Presumption of denial ... 80 FR [INSERT FR
neer Building, 213 Wai Yip St., the EAR. (See PAGE NUMBER],
Kwun Tong, Kowloon, Hong Kong. § 744.11 of the EAR). 11/12/2015.
* * * * * * *
Jadeshine Engineering (HK) Co., For all items subject to Presumption of denial ... 78 FR 18808, 03/28/13.
Room 702, Boss Commercial the EAR. (See 80 FR [INSERT FR
Centre, Ferry Street 38, Kowloon, § 744.11 of the EAR). PAGE NUMBER],
Hong Kong; and G/F BLK C 255 11/12/2015.
Sai Tau Wai DD 123 Lot 1307
Yuen Long, NT, Hong Kong.
* * * * * * *
JLD Technology, Hong Kong Co., For all items subject to Presumption of denial ... 79 FR 32441, 6/5/14.
Ltd., Room 1237, Pacific Trade the EAR. (See 80 FR [INSERT FR
Centre, No. 2 Kai Hing Road, § 744.11 of the EAR). PAGE NUMBER],
Kowloon Bay, Hong Kong; and 11/12/2015.
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Room 301–2, Hang Seng
Wanchai Building, 3rd Floor, No.
200 Hennessy Road, Wanchai,
Hong Kong.
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![Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations 69859
Federal
License
Country Entity License requirement Register
review policy citation
* * * * * * *
Kinglead Electronics Co., Ltd., For all items subject to Presumption of denial ... 79 FR 32441,
a.k.a., the following four aliases: the EAR. (See 6/5/14.
—Kinglead InternationalTrading; § 744.11 of the EAR). 80 FR [INSERT FR
—Kinglead Trading; PAGE NUMBER],
—Kinglead International Trading 11/12/2015.
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 ad-
dress under China).
* * * * * * *
PRC Lode Technology Company, For all items subject to Presumption of denial ... 79 FR 44680, 8/1/2014.
a.k.a., the following one alias: the EAR. (See 80 FR [INSERT FR
—Lode International Limited. § 744.11 of the EAR). PAGE NUMBER],
Room 1019–1020 Nan Fung Centre, 11/12/2015.
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 Terri-
tories, Hong Kong (See alternate
addresses under China).
* * * * * * *
Reekay Technology Ltd., a.k.a., the For all items subject to Presumption of denial ... 80 FR [INSERT FR
following one alias: the EAR. (See PAGE NUMBER],
—Reekay Technology. Suite 502, § 744.11 of the EAR). 11/12/2015.
5th Floor Arion Commercial Cen-
tre, No. 2–12 Queens Road West,
Sheung Wan, Hong Kong
* * * * * * *
Serko Limited, Room 704 7/F, For all items subject to Presumption of denial ... 77 FR 61249, 10/9/12.
Landwide Commercial Building, the EAR. (See 80 FR [INSERT FR
118–120 Austin Rd, Tsim Sha § 744.11 of the EAR). PAGE NUMBER],
Tsui, Hong Kong; and Room 11/12/2015.
1509, Unit A, 15th Floor, Mai
Shun Industrial Building, No. 18–
24 Kwai Cheong Road, New Terri-
tories, Hong Kong.
* * * * * * *
Sky Rise Technology Ltd., a.k.a., For all items subject to Presumption of denial ... 80 FR [INSERT FR
the following one alias: the EAR. (See PAGE NUMBER],
—Sky Rise Tech. § 744.11 of the EAR). 11/12/2015.
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).
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![69860 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations
Federal
License
Country Entity License requirement Register
review policy citation
* * * * * * *
Tex-Co Logistics Ltd., a.k.a., the fol- For all items subject to Presumption of denial ... 75 FR 7358,
lowing one alias: the EAR. (See 2/19/10.
—Tex-Co Hongxin Logistics Limited. § 744.11 of the EAR). 80 FR [INSERT FR
GF Seapower Industrial Building PAGE NUMBER],
177, Hoi Bun Road, Kowloon, 11/12/2015.
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 Co., Ltd., a.k.a., For all items subject to Presumption of denial ... 80 FR [INSERT FR
the following two aliases: the EAR. (See PAGE NUMBER],
—TiMi Technology Co. Ltd. § 744.11 of the EAR). 11/12/2015.
—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., the following one For all items subject to Presumption of denial ... 80 FR [INSERT FR
alias: the EAR. (See PAGE NUMBER],
—Jack Wang. § 744.11 of the EAR). 11/12/2015.
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).
* * * * * * *
Yeraz, LTD, a.k.a., the following one For all items subject to Presumption of denial ... 76 FR 44259, 7/25/11.
alias: the EAR. (See 80 FR [INSERT FR
—Mikrocity HK Limited. § 744.11 of the EAR). PAGE NUMBER],
Room 927 9/F Far East Consortium 11/12/2015.
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.
* * * * * * *
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![Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Rules and Regulations 69861
Dated: November 5, 2015. respectively, and are collectively at the request of the Assistant Secretary
Kevin J. Wolf, referred to as the ‘‘Controlled of the HHS and imposes the regulatory
Assistant Secretary for Export Substances Act’’ or the ‘‘CSA’’ for the controls and administrative, civil, and
Administration. purpose of this action. The DEA criminal sanctions applicable to
[FR Doc. 2015–28552 Filed 11–10–15; 8:45 am] publishes the implementing regulations controlled substances, including those
BILLING CODE 3510–33–P for these statutes in title 21 of the Code specific to schedule IV controlled
of Federal Regulations (CFR), chapter II. substances, on persons who handle or
The CSA and its implementing propose to handle eluxadoline.
DEPARTMENT OF JUSTICE regulations are designed to prevent,
Background
detect, and eliminate the diversion of
Drug Enforcement Administration controlled substances and listed Eluxadoline (5-[[[(2S)-2-amino-3-[4-
chemicals into the illicit market while aminocarbonyl)-2,6-dimethylphenyl]-1-
21 CFR Part 1308 ensuring an adequate supply is available oxopropyl][(1S)-1-(4-phenyl-1H-
for the legitimate medical, scientific, imidazol-2-yl)ethyl]amino]methyl]-2-
[Docket No. DEA–419F] methoxybenzoic acid), is a new
research, and industrial needs of the
Schedules of Controlled Substances: United States. Controlled substances molecular entity with central nervous
Placement of Eluxadoline Into have the potential for abuse and system opioid properties. Eluxadoline
Schedule IV dependence and are controlled to has mixed mu opioid receptor (MOR)
protect the public health and safety. and kappa opioid receptor (KOR)
AGENCY: Drug Enforcement Under the CSA, each controlled agonist and delta opioid receptor (DOR)
Administration, Department of Justice. substance is classified into one of five antagonist properties. The Food and
ACTION: Final rule. schedules based upon its potential for Drug Administration (FDA) approved
abuse, its currently accepted medical eluxadoline (brand name ‘‘VIBERZI’’) as
SUMMARY: With the issuance of this final use in treatment in the United States, a prescription drug for the treatment of
rule, the Administrator of the Drug and the degree of dependence the irritable bowel syndrome with diarrhea
Enforcement Administration places the substance may cause. 21 U.S.C. 812. The (IBS–D) on May 27, 2015.
substance 5-[[[(2S)-2-amino-3-[4- initial schedules of controlled
aminocarbonyl)-2,6-dimethylphenyl]-1- DEA and HHS Eight Factor Analyses
substances established by Congress are
oxopropyl][(1S)-1-(4-phenyl-1H- found at 21 U.S.C. 812(c), and the On May 5, 2015, the HHS provided
imidazol-2-yl)ethyl]amino]methyl]-2- current list of controlled substances is the DEA with a scientific and medical
methoxybenzoic acid (eluxadoline), published at 21 CFR part 1308. evaluation document prepared by the
including its salts, isomers, and salts of Pursuant to 21 U.S.C. 811(a)(1), the FDA entitled ‘‘Basis for the
isomers, into schedule IV of the Attorney General may, by rule, ‘‘add to Recommendation to Place Eluxadoline
Controlled Substances Act. This such a schedule or transfer between in Schedule IV of the Controlled
scheduling action is pursuant to the such schedules any drug or other Substances Act.’’ After considering the
Controlled Substances Act which substance if he (A) finds that such drug eight factors in 21 U.S.C. 811(c),
requires that such actions be made on or other substance has a potential for including consideration of the
the record after opportunity for a abuse, and (B) makes with respect to substance’s abuse potential, legitimate
hearing through formal rulemaking. such drug or other substance the medical use, and dependence liability,
This action imposes the regulatory findings prescribed by [21 U.S.C. 812(b)] the Assistant Secretary of the HHS
controls and administrative, civil, and for the schedule in which such drug is recommended that eluxadoline be
criminal sanctions applicable to to be placed * * *.’’ The Attorney controlled in schedule IV of the CSA. In
schedule IV controlled substances on General has delegated scheduling response, the DEA completed its own
persons who handle (manufacture, authority under 21 U.S.C. 811 to the eight-factor analysis of eluxadoline.
distribute, dispense, import, export, Administrator of the DEA. 28 CFR Both the DEA and HHS analyses and
engage in research, conduct 0.100. other relevant documents are available
instructional activities, or possess) or The CSA provides that proceedings in their entirety in the public docket of
propose to handle eluxadoline. for the issuance, amendment, or repeal this rule (Docket Number DEA–419) at
DATES: Effective date: December 17, of the scheduling of any drug or other http://www.regulations.gov under
2015. substance may be initiated by the ‘‘Supporting Documents.’’ 2
FOR FURTHER INFORMATION CONTACT: John Attorney General (1) on her own
Determination to Schedule Eluxadoline
R. Scherbenske, Office of Diversion motion; (2) at the request of the
Secretary of the Department of Health After a review of the available data,
Control, Drug Enforcement
and Human Services (HHS); 1 or (3) on including the scientific and medical
Administration; Mailing Address: 8701
the petition of any interested party. 21 evaluation and the scheduling
Morrissette Drive, Springfield, Virginia
U.S.C. 811(a). This action was initiated recommendation from the HHS, the
22152, Telephone: (202) 598–6812.
Administrator of the DEA published in
SUPPLEMENTARY INFORMATION: 1 As set forth in a memorandum of understanding the Federal Register a notice of
Legal Authority entered into by the Food and Drug Administration proposed rulemaking (NPRM) entitled
(FDA) and the National Institute on Drug Abuse ‘‘Schedules of Controlled Substances:
The Drug Enforcement (NIDA), the FDA acts as the lead agency within the
HHS in carrying out the Secretary’s scheduling Placement of Eluxadoline into Schedule
Administration (DEA) implements and
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responsibilities under the CSA, with the
enforces titles II and III of the concurrence of NIDA. 50 FR 9518, Mar. 8, 1985. 2 Although the published notice of proposed
Comprehensive Drug Abuse Prevention The Secretary of the HHS has delegated to the rulemaking stated that such items had been placed
and Control Act of 1970, as amended. 21 Assistant Secretary for Health of the HHS the into the docket on regulations.gov, the
U.S.C. 801–971. Titles II and III are authority to make domestic drug scheduling Administration discovered in preparing this final
recommendations. 58 FR 35460, July 1, 1993. rule that the HHS analysis had in fact not been
referred to as the ‘‘Controlled Accordingly, all subsequent references to posted. However, that document was available for
Substances Act’’ and the ‘‘Controlled ‘‘Secretary’’ have been replaced with ‘‘Assistant review at DEA. The DEA posted the cited analysis
Substances Import and Export Act,’’ Secretary.’’ to regulations.gov upon discovery of the error.
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Document Created: 2015-12-14 14:53:31
Document Modified: 2015-12-14 14:53:31
| 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. | |
| Dates | This rule is effective on November 12, 2015. | |
| Contact | Chair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, Email: [email protected] | |
| FR Citation | 80 FR 69852 | |
| RIN Number | 0694-AG74 | |
| CFR Associated | Exports; Reporting and Recordkeeping Requirements and Terrorism |
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