80_FR_8556 80 FR 8524 - Addition of Certain Persons to the Entity List; and Removal of Person From the Entity List Based on a Removal Request

80 FR 8524 - Addition of Certain Persons to the Entity List; and Removal of Person From the Entity List Based on a Removal Request

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 32 (February 18, 2015)

Page Range8524-8529
FR Document2015-03321

This rule amends the Export Administration Regulations (EAR) by adding eleven persons to the Entity List. The eleven 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 eleven persons will be listed on the Entity List under the destinations of People's Republic of China (China), Pakistan, and United Arab Emirates (U.A.E.). This final rule also removes one person from the Entity List, as the result of a request for removal submitted by the person, a review of information provided in the removal request in accordance with the procedure for requesting removal or modification of an Entity List entity, and further review conducted by the End-User Review Committee (ERC).

Federal Register, Volume 80 Issue 32 (Wednesday, February 18, 2015)
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Rules and Regulations]
[Pages 8524-8529]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03321]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 141230999-4999-01]
RIN 0694-AG46


Addition of Certain Persons to the Entity List; and Removal of 
Person From the Entity List Based on a Removal Request

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule amends the Export Administration Regulations (EAR) 
by adding eleven persons to the Entity List. The eleven 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 eleven persons will be listed on the Entity 
List under the destinations of People's Republic of China (China), 
Pakistan, and United Arab Emirates (U.A.E.).
    This final rule also removes one person from the Entity List, as 
the result of a request for removal submitted by the person, a review 
of information provided in the removal request in accordance with the 
procedure for requesting removal or modification of an Entity List 
entity, and further review conducted by the End-User Review Committee 
(ERC).

DATES: This rule is effective February 18, 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) notifies the public 
about entities that have engaged in activities that could result in an 
increased risk of the diversion of exported, reexported or transferred 
(in-country) items to weapons of mass destruction (WMD) programs. Since 
its initial publication, grounds for inclusion on the Entity List have 
expanded to include activities sanctioned by the State Department and 
activities contrary to U.S. national security or foreign policy 
interests. Certain exports, reexports, and transfers (in-country) to 
entities identified on the Entity List require licenses from BIS and 
are usually subject to a policy of denial. The availability of license 
exceptions in such transactions is very limited. The license review 
policy for each entity is identified in the license review policy 
column on the Entity List and the availability of license exceptions is 
noted in the Federal Register notices adding persons to the Entity 
List. BIS places entities on the Entity List based on certain sections 
of part 744 (Control Policy: End-User and End-Use Based) and part 746 
(Embargoes and Other Special Controls) of the EAR.
    The 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 eleven persons 
under eleven entries to the Entity List. These eleven persons are being 
added on the basis of 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 eleven entries added to 
the Entity List consist of four entries in China, four in Pakistan, and 
three in the U.A.E.
    The ERC reviewed Sec.  744.11(b) (Criteria for revising the Entity 
List) in making the determination to add these eleven persons 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.
    The ERC determined the following four persons being added to the 
Entity List under the destination of China have been involved in 
activities contrary to the national security and foreign policy 
interests of the United States. The ERC determined that the National 
University of Defense Technology (NUDT), the National Supercomputing 
Center in Changsha (NSCC-CS), National Supercomputing Center in 
Guangzhou (NSCC-GZ), and the National Supercomputing Center in Tianjin 
(NSCC-TJ), all located in the People's Republic of China, meet the 
guidelines listed under Sec.  744.11(b): Entities for which there is 
reasonable cause to believe, based on specific and articulated facts, 
that an entity has been involved, is involved, or poses a significant 
risk of being or becoming involved in activities that are contrary to 
the national security or foreign policy interests of the United States 
and those acting on behalf of such entities may be added to the Entity 
List pursuant to this

[[Page 8525]]

section. Specifically, NUDT has used U.S.-origin multicores, boards, 
and (co)processors to produce the TianHe-1A and TianHe-2 supercomputers 
located at the National Supercomputing Centers in Changsha, Guangzhou, 
and Tianjin. The TianHe-1A and TianHe-2 supercomputers are believed to 
be used in nuclear explosive activities as described in Sec.  744.2(a) 
of the EAR.
    The ERC also determined the seven persons being added to the Entity 
List under the destinations of Pakistan (four additions) and the U.A.E. 
(three additions) have been involved in activities contrary to the 
national security and foreign policy interests of the United States. 
The ERC determined that Pakistan's Hakim Noor (a.k.a., Hakim Nur) and 
the United Arab Emirates' Ajab Noor (a.k.a., Ajab Nur) and entities 
working with Hakim and Ajab meet the guidelines listed under Sec.  
744.11(b). Specifically, Hakim Noor, Ajab Noor, Sher Qadir, Azad Motors 
Property Choice, Hakim Nur Sarafa, Ajab Trading Co. LLC, and Perfect 
Tyre Trading Co. LLC, have engaged in activities in support of the 
Haqqani Network, a person designated by the Secretary of State as a 
Foreign Terrorist Organization, and a number of transnational extremist 
organizations.
    Pursuant to Sec.  744.11(b)(1) and (b)(5) of the EAR, the ERC 
determined that the conduct of these eleven 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 National University of Defense Technology (NUDT), National 
Supercomputing Center in Changsha (NSCC-CS), National Supercomputing 
Center in Guangzhou (NSCC-GZ), and the National Supercomputing Center 
in Tianjin (NSCC-TJ), the ERC specified a license requirement for all 
items subject to the EAR, and established a license application review 
policy of case-by-case review for all items subject to the EAR. For the 
other seven persons recommended for addition 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 eleven persons under eleven 
entries to the Entity List:

China

    (1) National Supercomputing Center Changsha (NSCC-CS), Changsha 
City, Hunan Province, China;
    (2) National Supercomputing Center Guangzhou (NSCC-GZ), Sun Yat-Sen 
University, University City, Guangzhou, China;
    (3) National Supercomputing Center Tianjin (NSCC-TJ), 7th Street, 
Binhai New Area, Tianjin, China; and
    (4) National University of Defense Technology (NUDT), Garden Road 
(Metro West), Changsha City, Kaifu District, Hunan Province, China.

Pakistan

    (1) Azad Motors Property Choice, a.k.a., the following four 
aliases:

--Peshawar Master Azad Motors;
--Peshawar Motors Complex;
--Karakoram Azad Motors; and
--Azad Cars. Main GT Road, Hajji Camp, Peshawar, Pakistan;

    (2) Hakim Noor, a.k.a., the following one alias:

--Hakim Nur. Sarafa Shop #10, Noor Muhammad Market, Miram Shaw, 
Pakistan; and Mir Nasir Plaza, Sikandar Pura, Pakistan;

    (3) Hakim Nur Sarafa, a.k.a., the following two aliases:

--Noor Muhammad Market; and
--Haji Hakim Noor Saraf. Sarafa Shop #10, Noor Muhammad Market, Miram 
Shaw, Pakistan; and Market Shop Number 10, Sarafa Bazar Miram Shaw, 
Pakistan; and

    (4) Sher Qadir, Darpa Khel Village, Mirim Shaw, Pakistan.

United Arab Emirates

    (1) Ajab Noor, a.k.a., the following one alias:

--Ajab Nur. Box No. 28715, Dubai, U.A.E.; and Dubai Tower, Al Maktoum 
Rd, Al Rigga, Dubai, Near Baniyas Square Metro Station, U.A.E.;

    (2) Ajab Trading Co. LLC, Box No. 28715, Dubai, U.A.E.; and Dubai 
Tower, Al Maktoum Rd, Al Rigga, Dubai, Near Baniyas Square Metro 
Station, U.A.E.; and
    (3) Perfect Tyre Trading Co LLC, Al Ain--Al Sanaiya--Inh. Mohammed 
Sultan Aldarmaki-Bld, Dubai, U.A.E.; and Post Box No. 67221, Abu Dhabi, 
U.A.E.

Removal From the Entity List

    This rule implements a decision of the ERC to remove one person, 
SATCO GmbH, located in Germany, from the Entity List on the basis of a 
removal request by a company of the same name as the listed person. 
Based upon a review of the information provided in the removal request 
in accordance with Sec.  744.16 (Procedure for requesting removal or 
modification of an Entity List entity), the ERC determined that this 
person should be removed from the Entity List.
    SATCO GmbH was originally added to the Entity List on December 12, 
2013 (78 FR 75458) for participating in a procurement ring headed by 
Saeed Talebi (Talebi) that coordinated the supply and sale of U.S.-
origin items in violation of Department of Treasury, Office of Foreign 
Assets Control regulations and the EAR. Based on a request from an 
unrelated company of the same name being adversely impacted, and the 
fact that SATCO GmbH is not a legally established corporate entity in 
Bremen, Germany, and that BIS has no evidence of the use of this name 
by Talebi network since their addition to the Entity List, the ERC 
determined to remove SATCO GmbH from the Entity List.
    In accordance with Sec.  744.16(c), the Deputy Assistant Secretary 
for Export Administration has sent written notification to this person, 
informing the person of the ERC's decision to remove the person from 
the Entity List.
    This final rule implements the decision to remove the following one 
person located in Germany from the Entity List:

Germany

    (1) SATCO GmbH, a.k.a., the following one alias:

--Satco Inc., Park Street 4, Bremen, Germany 28209.

    The removal of the one entity 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 
this entity. However, the removal of this entity 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

[[Page 8526]]

end-use that is prohibited by part 744 of the EAR.'' Additionally this 
removal does not relieve persons of their obligation to apply for 
export, reexport or in-country transfer licenses required by other 
provisions of the EAR. BIS strongly urges the use of Supplement No. 3 
to part 732 of the EAR, ``BIS's `Know Your Customer' Guidance and Red 
Flags,'' when persons are involved in transactions that are subject to 
the EAR.

Savings Clause

    Shipments 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 February 18, 2015, pursuant to actual orders for 
export or reexport to a foreign destination, may proceed to that 
destination under the previous eligibility for a License Exception or 
export or reexport without a license (NLR).

Export Administration Act

    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of 
August 7, 2014, 79 FR 46959 (August 11, 2014), has continued the Export 
Administration Regulations in effect under the International Emergency 
Economic Powers Act. BIS continues to carry out the provisions of the 
Export Administration Act, as appropriate and to the extent permitted 
by law, pursuant to Executive Order 13222 as amended by Executive Order 
13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been determined to be not significant for 
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to nor be subject to a penalty for failure to 
comply with a collection of information, subject to the requirements of 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid Office 
of Management and Budget (OMB) Control Number. This regulation involves 
collections previously approved by OMB under control number 0694-0088, 
Simplified Network Application Processing System, which includes, among 
other things, license applications and carries a burden estimate of 
43.8 minutes for a manual or electronic submission. Total burden hours 
associated with the PRA and OMB control number 0694-0088 are not 
expected to increase as a result of this 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 eleven persons added under eleven entries to the Entity 
List in this final rule, 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 or the 
entries being modified on 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 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 these entities 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. Because a notice of proposed rulemaking and an 
opportunity for public comment are not required to be given for this 
rule by 5 U.S.C. 553, or by any other law, the analytical requirements 
of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not 
applicable. Accordingly, no regulatory flexibility analysis is required 
and none has been prepared.
    5. For the one removal from the Entity List in this final rule, 
pursuant to the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(3)(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 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)). 
This one removal has been made within the established regulatory 
framework of the Entity List. If the rule were to be delayed to allow 
for public comment, U.S. exporters may face unnecessary economic losses 
as they turn away potential sales because the customer remained a 
listed person on the 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 this one 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 removals from the Entity List granted by the ERC 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 according to the

[[Page 8527]]

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 
decision to remove this entity. 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 
one person from the Entity List removes a requirement (the Entity-List-
based license requirement and limitation on use of license exceptions) 
on this one person being removed from the Entity List. The rule does 
not impose a requirement on any other person for this one removal 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 Subject 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 January 21, 2014, 79 FR 3721 
(January 22, 2014); Notice of August 7, 2014, 79 FR 46959 (August 
11, 2014); Notice of September 17, 2014, 79 FR 56475 (September 19, 
2014); Notice of January 21, 2015, 80 FR 3461 (January 22, 2015).


0
2. Supplement No. 4 to part 744 is amended:
0
a. By adding under China, in alphabetical order, four Chinese entities;
0
b. By removing under Germany, one German entity, ``Satco GmbH, a.k.a., 
the following one alias: -Satco Inc. Park Street 4, Bremen, Germany 
28209.'';
0
c. By adding under Pakistan, in alphabetical order, four Pakistani 
entities; and
0
d. By adding under United Arab Emirates, in alphabetical order, three 
Emirati entities.
    The additions read as follows:

Supplement No. 4 to Part 744--Entity List

----------------------------------------------------------------------------------------------------------------
                                                                              License review    Federal Register
        Country                     Entity             License requirement        policy            citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
CHINA, PEO-                                                    * * * * * *
  PLE'S RE-
  PUBLIC OF
                        ----------------------------------------------------------------------------------------
                         National Supercomputing       For all items        Case-by-case       80 FR [INSERT FR
                          Center Changsha (NSCC-CS),    subject to the       basis.             PAGE NUMBER 2/18/
                          Changsha City, Hunan          EAR. (See Sec.                          15].
                          Province, China               744.11 of the EAR)
                         National Supercomputing       For all items        Case-by-case       80 FR [INSERT FR
                          Center Guangzhou (NSCC-GZ),   subject to the       basis.             PAGE NUMBER 2/18/
                          Sun Yat-Sen University,       EAR. (See Sec.                          15].
                          University City, Guangzhou,   744.11 of the EAR)
                          China
                         National Supercomputing       For all items        Case-by-case       80 FR [INSERT FR
                          Center Tianjin (NSCC-TJ),     subject to the       basis.             PAGE NUMBER 2/18/
                          7th Street, Binhai New        EAR. (See Sec.                          15].
                          Area, Tianjin, China          744.11 of the EAR)
                         National University of        For all items        Case-by-case       80 FR [INSERT FR
                          Defense Technology (NUDT),    subject to the       basis.             PAGE NUMBER 2/18/
                          Garden Road (Metro West),     EAR. (See Sec.                          15].
                          Changsha City, Kaifu          744.11 of the EAR)
                          District, Hunan Province,
                          China
                        ----------------------------------------------------------------------------------------
                                                               * * * * * *
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
PAKISTAN                                                       * * * * * *
                        ----------------------------------------------------------------------------------------
                         Azad Motors Property Choice,  For all items        Presumption of     80 FR [INSERT FR
                          a.k.a., the following four    subject to the       denial.            PAGE NUMBER 2/18/
                          aliases:                      EAR. (See Sec.                          15].
                         --Peshawar Master Azad         744.11 of the EAR)
                          Motors;
                            --Peshawar Motors
                             Complex;
                            --Karakoram Azad Motors;
                             and
                            --Azad Cars

[[Page 8528]]

 
                         Main GT Road, Hajji Camp,
                          Peshawar, Pakistan
                        ----------------------------------------------------------------------------------------
                                                               * * * * * *
                        ----------------------------------------------------------------------------------------
                         Hakim Noor, a.k.a., the       For all items        Presumption of     80 FR [INSERT FR
                          following one alias:          subject to the       denial.            PAGE NUMBER 2/18/
                         --Hakim Nur.                   EAR. (See Sec.                          15].
                                                        744.11 of the EAR)
                         Sarafa Shop #10, Noor
                          Muhammad Market, Miram
                          Shaw, Pakistan; and
                         Mir Nasir Plaza, Sikandar
                          Pura, Pakistan.
                         Hakim Nur Sarafa, a.k.a.,     For all items        Presumption of     80 FR [INSERT FR
                          the following two aliases:    subject to the       denial.            PAGE NUMBER 2/18/
                         --Noor Muhammad Market; and    EAR. (See Sec.                          15].
                                                        744.11 of the EAR)
                            --Haji Hakim Noor Saraf.
                         Sarafa Shop #10, Noor
                          Muhammad Market, Miram
                          Shaw, Pakistan; and
                         Market Shop Number 10,
                          Sarafa Bazar Miram Shaw,
                          Pakistan.
                        ----------------------------------------------------------------------------------------
                                                               * * * * * *
                        ----------------------------------------------------------------------------------------
                         Sher Qadir, Darpa Khel        For all items        Presumption of     80 FR [INSERT FR
                          Village, Mirim Shaw,          subject to the EAR   denial.            PAGE NUMBER 2/18/
                          Pakistan                                                              15].
                        ----------------------------------------------------------------------------------------
                                                               * * * * * *
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
UNITED ARAB EMIRATES                                           * * * * * *
                        ----------------------------------------------------------------------------------------
                         Ajab Noor, a.k.a., the        For all items        Presumption of     80 FR [INSERT FR
                          following one alias:          subject to the       denial.            PAGE NUMBER 2/18/
                         --Ajab Nur.                    EAR. (See Sec.                          15].
                                                        744.11 of the EAR)
                         Box No. 28715, Dubai,
                          U.A.E.; and
                         Dubai Tower, Al Maktoum Rd,
                          Al Rigga, Dubai, Near
                          Baniyas Square Metro
                          Station, U.A.E.
                         Ajab Trading Co. LLC, Box     For all items        Presumption of     80 FR [INSERT FR
                          No. 28715, Dubai, U.A.E.;     subject to the       denial.            PAGE NUMBER 2/18/
                          and                           EAR. (See Sec.                          15].
                                                        744.11 of the EAR)
                         Dubai Tower, Al Maktoum Rd,
                          Al Rigga, Dubai, Near
                          Baniyas Square Metro
                          Station, U.A.E.
                        ----------------------------------------------------------------------------------------
                                                               * * * * * *
                        ----------------------------------------------------------------------------------------
                         Perfect Tyre Trading Co LLC,  For all items        Presumption of     80 FR [INSERT FR
                          Al Ain--Al Sanaiya--Inh.      subject to the       denial.            PAGE NUMBER 2/18/
                          Mohammed Sultan Aldarmaki--   EAR. (See Sec.                          15].
                          Bld, Dubai, U.A.E.; and       744.11 of the EAR)
                         Post Box No. 67221, Abu
                          Dhabi, U.A.E.
                        ----------------------------------------------------------------------------------------
                                                               * * * * * *
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------



[[Page 8529]]

    Dated: February 12, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-03321 Filed 2-17-15; 8:45 am]
BILLING CODE 3510-33-P



                                                8524             Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations

                                                9A990.a and .b, and 9A991.d and .e.                      SUMMARY:   This rule amends the Export                where appropriate, the Treasury, makes
                                                * * *                                                    Administration Regulations (EAR) by                   all decisions regarding additions to,
                                                *       *    *    *     *                                adding eleven persons to the Entity List.             removals from, or other modifications to
                                                   (b) * * *                                             The eleven persons who are added to                   the Entity List. The ERC makes all
                                                   (3) Notwithstanding the provisions of                 the Entity List have been determined by               decisions to add an entry to the Entity
                                                paragraphs (b)(1) and (b)(2) of this                     the U.S. Government to be acting                      List by majority vote and all decisions
                                                section, applications for Sudan will be                  contrary to the national security or                  to remove or modify an entry by
                                                considered on a case-by-case basis in                    foreign policy interests of the United                unanimous vote.
                                                the following four situations.                           States. These eleven persons will be
                                                                                                                                                               ERC Entity List Decisions
                                                   (i) The transaction involves the                      listed on the Entity List under the
                                                reexport to Sudan of items where Sudan                   destinations of People’s Republic of                  Additions to the Entity List
                                                was not the intended ultimate                            China (China), Pakistan, and United                      This rule implements the decision of
                                                destination at the time of original export               Arab Emirates (U.A.E.).                               the ERC to add eleven persons under
                                                from the United States, provided that                       This final rule also removes one                   eleven entries to the Entity List. These
                                                the exports from the U.S. occurred prior                 person from the Entity List, as the result            eleven persons are being added on the
                                                to the applicable contract sanctity date.                of a request for removal submitted by                 basis of § 744.11 (License requirements
                                                   (ii) The U.S. content of foreign-                     the person, a review of information                   that apply to entities acting contrary to
                                                produced commodities is 20% or less by                   provided in the removal request in                    the national security or foreign policy
                                                value.                                                   accordance with the procedure for                     interests of the United States) of the
                                                   (iii) The commodities are medical                     requesting removal or modification of                 EAR. The eleven entries added to the
                                                items.                                                   an Entity List entity, and further review
                                                   (iv) The items are telecommunications                                                                       Entity List consist of four entries in
                                                                                                         conducted by the End-User Review                      China, four in Pakistan, and three in the
                                                equipment and associated computers,                      Committee (ERC).
                                                software and technology for civil end                                                                          U.A.E.
                                                                                                         DATES: This rule is effective February                   The ERC reviewed § 744.11(b)
                                                use, including items useful for the                      18, 2015.                                             (Criteria for revising the Entity List) in
                                                development of civil
                                                                                                         FOR FURTHER INFORMATION CONTACT:                      making the determination to add these
                                                telecommunications network
                                                                                                         Chair, End-User Review Committee,                     eleven persons to the Entity List. Under
                                                infrastructure.
                                                                                                         Office of the Assistant Secretary, Export             that paragraph, persons for whom there
                                                   Note to paragraph (b)(3) of this section:             Administration, Bureau of Industry and                is reasonable cause to believe, based on
                                                Applicants who wish any of the factors                   Security, Department of Commerce,                     specific and articulable facts, have been
                                                described in paragraph (b)(3) of this section
                                                to be considered in reviewing their license
                                                                                                         Phone: (202) 482–5991, Fax: (202) 482–                involved, are involved, or pose a
                                                applications must submit adequate                        3911, Email: ERC@bis.doc.gov.                         significant risk of being or becoming
                                                documentation demonstrating the                          SUPPLEMENTARY INFORMATION:                            involved in, activities that are contrary
                                                appropriateness of the factor: i.e., the date of                                                               to the national security or foreign policy
                                                export from the United States, the value of              Background                                            interests of the United States and those
                                                the U.S. content, the specifications and                    The Entity List (Supplement No. 4 to               acting on behalf of such persons may be
                                                medical use of the equipment, or the specific            Part 744) notifies the public about                   added to the Entity List. Paragraphs
                                                civil end use of the item and any function the           entities that have engaged in activities              (b)(1) through (b)(5) of § 744.11 include
                                                item will have in the development of civil
                                                                                                         that could result in an increased risk of             an illustrative list of activities that could
                                                telecommunications network infrastructure,
                                                as relevant to the factor for which                      the diversion of exported, reexported or              be contrary to the national security or
                                                consideration is sought.                                 transferred (in-country) items to                     foreign policy interests of the United
                                                                                                         weapons of mass destruction (WMD)                     States.
                                                *      *     *        *      *                           programs. Since its initial publication,                 The ERC determined the following
                                                  Dated: February 12, 2015.                              grounds for inclusion on the Entity List              four persons being added to the Entity
                                                Kevin J. Wolf,                                           have expanded to include activities                   List under the destination of China have
                                                Assistant Secretary for Export                           sanctioned by the State Department and                been involved in activities contrary to
                                                Administration.                                          activities contrary to U.S. national                  the national security and foreign policy
                                                [FR Doc. 2015–03329 Filed 2–17–15; 8:45 am]
                                                                                                         security or foreign policy interests.                 interests of the United States. The ERC
                                                                                                         Certain exports, reexports, and transfers             determined that the National University
                                                BILLING CODE 3510–33–P
                                                                                                         (in-country) to entities identified on the            of Defense Technology (NUDT), the
                                                                                                         Entity List require licenses from BIS and             National Supercomputing Center in
                                                DEPARTMENT OF COMMERCE                                   are usually subject to a policy of denial.            Changsha (NSCC–CS), National
                                                                                                         The availability of license exceptions in             Supercomputing Center in Guangzhou
                                                Bureau of Industry and Security                          such transactions is very limited. The                (NSCC–GZ), and the National
                                                                                                         license review policy for each entity is              Supercomputing Center in Tianjin
                                                15 CFR Part 744                                          identified in the license review policy               (NSCC–TJ), all located in the People’s
                                                                                                         column on the Entity List and the                     Republic of China, meet the guidelines
                                                [Docket No. 141230999–4999–01]
                                                                                                         availability of license exceptions is                 listed under § 744.11(b): Entities for
                                                RIN 0694–AG46                                            noted in the Federal Register notices                 which there is reasonable cause to
                                                                                                         adding persons to the Entity List. BIS                believe, based on specific and
                                                Addition of Certain Persons to the                       places entities on the Entity List based              articulated facts, that an entity has been
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                                                Entity List; and Removal of Person                       on certain sections of part 744 (Control              involved, is involved, or poses a
                                                From the Entity List Based on a                          Policy: End-User and End-Use Based)                   significant risk of being or becoming
                                                Removal Request                                          and part 746 (Embargoes and Other                     involved in activities that are contrary
                                                AGENCY:  Bureau of Industry and                          Special Controls) of the EAR.                         to the national security or foreign policy
                                                Security, Commerce.                                         The ERC, composed of representatives               interests of the United States and those
                                                                                                         of the Departments of Commerce                        acting on behalf of such entities may be
                                                ACTION: Final rule.
                                                                                                         (Chair), State, Defense, Energy and,                  added to the Entity List pursuant to this


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                                                                 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations                                         8525

                                                section. Specifically, NUDT has used                     license exceptions are available for                  Removal From the Entity List
                                                U.S.-origin multicores, boards, and                      exports, reexports, or transfers (in-                    This rule implements a decision of
                                                (co)processors to produce the TianHe–                    country) to the persons being added to                the ERC to remove one person, SATCO
                                                1A and TianHe–2 supercomputers                           the Entity List in this rule.                         GmbH, located in Germany, from the
                                                located at the National Supercomputing                      This final rule adds the following                 Entity List on the basis of a removal
                                                Centers in Changsha, Guangzhou, and                      eleven persons under eleven entries to                request by a company of the same name
                                                Tianjin. The TianHe–1A and TianHe–2                      the Entity List:                                      as the listed person. Based upon a
                                                supercomputers are believed to be used                                                                         review of the information provided in
                                                in nuclear explosive activities as                       China
                                                                                                                                                               the removal request in accordance with
                                                described in § 744.2(a) of the EAR.                        (1) National Supercomputing Center                  § 744.16 (Procedure for requesting
                                                   The ERC also determined the seven                     Changsha (NSCC–CS), Changsha City,                    removal or modification of an Entity
                                                persons being added to the Entity List                   Hunan Province, China;                                List entity), the ERC determined that
                                                under the destinations of Pakistan (four                   (2) National Supercomputing Center                  this person should be removed from the
                                                additions) and the U.A.E. (three                         Guangzhou (NSCC–GZ), Sun Yat-Sen                      Entity List.
                                                additions) have been involved in                         University, University City, Guangzhou,                  SATCO GmbH was originally added
                                                activities contrary to the national                      China;                                                to the Entity List on December 12, 2013
                                                security and foreign policy interests of                   (3) National Supercomputing Center                  (78 FR 75458) for participating in a
                                                the United States. The ERC determined                    Tianjin (NSCC–TJ), 7th Street, Binhai                 procurement ring headed by Saeed
                                                that Pakistan’s Hakim Noor (a.k.a.,                      New Area, Tianjin, China; and                         Talebi (Talebi) that coordinated the
                                                Hakim Nur) and the United Arab                             (4) National University of Defense                  supply and sale of U.S.-origin items in
                                                Emirates’ Ajab Noor (a.k.a., Ajab Nur)                   Technology (NUDT), Garden Road                        violation of Department of Treasury,
                                                and entities working with Hakim and                      (Metro West), Changsha City, Kaifu                    Office of Foreign Assets Control
                                                Ajab meet the guidelines listed under                    District, Hunan Province, China.                      regulations and the EAR. Based on a
                                                § 744.11(b). Specifically, Hakim Noor,
                                                Ajab Noor, Sher Qadir, Azad Motors                       Pakistan                                              request from an unrelated company of
                                                Property Choice, Hakim Nur Sarafa,                                                                             the same name being adversely
                                                                                                           (1) Azad Motors Property Choice,                    impacted, and the fact that SATCO
                                                Ajab Trading Co. LLC, and Perfect Tyre                   a.k.a., the following four aliases:
                                                Trading Co. LLC, have engaged in                                                                               GmbH is not a legally established
                                                activities in support of the Haqqani                     —Peshawar Master Azad Motors;                         corporate entity in Bremen, Germany,
                                                Network, a person designated by the                      —Peshawar Motors Complex;                             and that BIS has no evidence of the use
                                                Secretary of State as a Foreign Terrorist                —Karakoram Azad Motors; and                           of this name by Talebi network since
                                                Organization, and a number of                            —Azad Cars. Main GT Road, Hajji                       their addition to the Entity List, the ERC
                                                transnational extremist organizations.                     Camp, Peshawar, Pakistan;                           determined to remove SATCO GmbH
                                                   Pursuant to § 744.11(b)(1) and (b)(5) of                                                                    from the Entity List.
                                                                                                           (2) Hakim Noor, a.k.a., the following                  In accordance with § 744.16(c), the
                                                the EAR, the ERC determined that the                     one alias:
                                                conduct of these eleven persons raises                                                                         Deputy Assistant Secretary for Export
                                                                                                         —Hakim Nur. Sarafa Shop #10, Noor                     Administration has sent written
                                                sufficient concern that prior review of
                                                                                                           Muhammad Market, Miram Shaw,                        notification to this person, informing
                                                exports, reexports, or transfers (in-
                                                                                                           Pakistan; and Mir Nasir Plaza,                      the person of the ERC’s decision to
                                                country) of items subject to the EAR
                                                                                                           Sikandar Pura, Pakistan;                            remove the person from the Entity List.
                                                involving these persons, and the
                                                possible imposition of license                             (3) Hakim Nur Sarafa, a.k.a., the                      This final rule implements the
                                                conditions or license denials on                         following two aliases:                                decision to remove the following one
                                                shipments to the persons, will enhance                   —Noor Muhammad Market; and                            person located in Germany from the
                                                BIS’s ability to prevent violations of the               —Haji Hakim Noor Saraf. Sarafa Shop                   Entity List:
                                                EAR.                                                       #10, Noor Muhammad Market, Miram                    Germany
                                                   For the National University of Defense                  Shaw, Pakistan; and Market Shop
                                                Technology (NUDT), National                                                                                       (1) SATCO GmbH, a.k.a., the
                                                                                                           Number 10, Sarafa Bazar Miram                       following one alias:
                                                Supercomputing Center in Changsha                          Shaw, Pakistan; and
                                                (NSCC–CS), National Supercomputing                                                                             —Satco Inc., Park Street 4, Bremen,
                                                                                                           (4) Sher Qadir, Darpa Khel Village,                    Germany 28209.
                                                Center in Guangzhou (NSCC–GZ), and                       Mirim Shaw, Pakistan.
                                                the National Supercomputing Center in                                                                             The removal of the one entity
                                                Tianjin (NSCC–TJ), the ERC specified a                   United Arab Emirates                                  referenced above, which was approved
                                                license requirement for all items subject                                                                      by the ERC, eliminates the existing
                                                                                                           (1) Ajab Noor, a.k.a., the following
                                                to the EAR, and established a license                                                                          license requirements in Supplement No.
                                                                                                         one alias:
                                                application review policy of case-by-                                                                          4 to part 744 for exports, reexports and
                                                case review for all items subject to the                 —Ajab Nur. Box No. 28715, Dubai,                      transfers (in-country) to this entity.
                                                EAR. For the other seven persons                           U.A.E.; and Dubai Tower, Al                         However, the removal of this entity from
                                                recommended for addition on the basis                      Maktoum Rd, Al Rigga, Dubai, Near                   the Entity List does not relieve persons
                                                of § 744.11, the ERC specified a license                   Baniyas Square Metro Station, U.A.E.;               of other obligations under part 744 of
                                                requirement for all items subject to the                   (2) Ajab Trading Co. LLC, Box No.                   the EAR or under other parts of the
                                                EAR and a license review policy of                       28715, Dubai, U.A.E.; and Dubai Tower,                EAR. Neither the removal of an entity
                                                presumption of denial.                                   Al Maktoum Rd, Al Rigga, Dubai, Near                  from the Entity List nor the removal of
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                                                   The license requirements apply to any                 Baniyas Square Metro Station, U.A.E.;                 Entity List-based license requirements
                                                transaction in which items are to be                     and                                                   relieves persons of their obligations
                                                exported, reexported, or transferred (in-                  (3) Perfect Tyre Trading Co LLC, Al                 under General Prohibition 5 in
                                                country) to any of the persons or in                     Ain—Al Sanaiya—Inh. Mohammed                          § 736.2(b)(5) of the EAR which provides
                                                which such persons act as purchaser,                     Sultan Aldarmaki–Bld, Dubai, U.A.E.;                  that, ‘‘you may not, without a license,
                                                intermediate consignee, ultimate                         and Post Box No. 67221, Abu Dhabi,                    knowingly export or reexport any item
                                                consignee, or end-user. In addition, no                  U.A.E.                                                subject to the EAR to an end-user or


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                                                8526             Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations

                                                end-use that is prohibited by part 744 of                for failure to comply with a collection               impact of the listing on the Entity List
                                                the EAR.’’ Additionally this removal                     of information, subject to the                        once a final rule was published. Further,
                                                does not relieve persons of their                        requirements of the Paperwork                         no other law requires that a notice of
                                                obligation to apply for export, reexport                 Reduction Act of 1995 (44 U.S.C. 3501                 proposed rulemaking and an
                                                or in-country transfer licenses required                 et seq.) (PRA), unless that collection of             opportunity for public comment be
                                                by other provisions of the EAR. BIS                      information displays a currently valid                given for this rule. Because a notice of
                                                strongly urges the use of Supplement                     Office of Management and Budget                       proposed rulemaking and an
                                                No. 3 to part 732 of the EAR, ‘‘BIS’s                    (OMB) Control Number. This regulation                 opportunity for public comment are not
                                                ‘Know Your Customer’ Guidance and                        involves collections previously                       required to be given for this rule by 5
                                                Red Flags,’’ when persons are involved                   approved by OMB under control                         U.S.C. 553, or by any other law, the
                                                in transactions that are subject to the                  number 0694–0088, Simplified Network                  analytical requirements of the
                                                EAR.                                                     Application Processing System, which                  Regulatory Flexibility Act, 5 U.S.C. 601
                                                                                                         includes, among other things, license                 et seq., are not applicable. Accordingly,
                                                Savings Clause
                                                                                                         applications and carries a burden                     no regulatory flexibility analysis is
                                                   Shipments of items removed from                       estimate of 43.8 minutes for a manual or              required and none has been prepared.
                                                eligibility for a License Exception or                   electronic submission. Total burden                      5. For the one removal from the Entity
                                                export or reexport without a license                     hours associated with the PRA and                     List in this final rule, pursuant to the
                                                (NLR) as a result of this regulatory                     OMB control number 0694–0088 are not                  Administrative Procedure Act (APA), 5
                                                action that were en route aboard a                       expected to increase as a result of this              U.S.C. 553(b)(3)(B), BIS finds good
                                                carrier to a port of export or reexport, on              rule. You may send comments regarding                 cause to waive requirements that this
                                                February 18, 2015, pursuant to actual                    the collection of information associated              rule be subject to notice and the
                                                orders for export or reexport to a foreign               with this rule, including suggestions for             opportunity for public comment
                                                destination, may proceed to that                         reducing the burden, to Jasmeet K.                    because it would be contrary to the
                                                destination under the previous                           Seehra, Office of Management and                      public interest.
                                                eligibility for a License Exception or                   Budget (OMB), by email to Jasmeet_K._                    In determining whether to grant
                                                export or reexport without a license                     Seehra@omb.eop.gov, or by fax to (202)                removal requests from the Entity List, a
                                                (NLR).                                                   395–7285.                                             committee of U.S. Government agencies
                                                                                                            3. This rule does not contain policies             (the End-User Review Committee (ERC))
                                                Export Administration Act                                                                                      evaluates information about and
                                                                                                         with Federalism implications as that
                                                  Although the Export Administration                     term is defined in Executive Order                    commitments made by listed persons
                                                Act expired on August 20, 2001, the                      13132.                                                requesting removal from the Entity List,
                                                President, through Executive Order                          4. For the eleven persons added under              the nature and terms of which are set
                                                13222 of August 17, 2001, 3 CFR, 2001                    eleven entries to the Entity List in this             forth in 15 CFR part 744, Supplement
                                                Comp., p. 783 (2002), as amended by                      final rule, the provisions of the                     No. 5, as noted in 15 CFR 744.16(b). The
                                                Executive Order 13637 of March 8,                        Administrative Procedure Act (5 U.S.C.                information, commitments, and criteria
                                                2013, 78 FR 16129 (March 13, 2013) and                   553) requiring notice of proposed                     for this extensive review were all
                                                as extended by the Notice of August 7,                   rulemaking, the opportunity for public                established through the notice of
                                                2014, 79 FR 46959 (August 11, 2014),                     comment and a delay in effective date                 proposed rulemaking and public
                                                has continued the Export                                 are inapplicable because this regulation              comment process (72 FR 31005 (June 5,
                                                Administration Regulations in effect                     involves a military or foreign affairs                2007) (proposed rule), and 73 FR 49311
                                                under the International Emergency                        function of the United States. (See 5                 (August 21, 2008) (final rule)). This one
                                                Economic Powers Act. BIS continues to                    U.S.C. 553(a)(1)). BIS implements this                removal has been made within the
                                                carry out the provisions of the Export                   rule to protect U.S. national security or             established regulatory framework of the
                                                Administration Act, as appropriate and                   foreign policy interests by preventing                Entity List. If the rule were to be
                                                to the extent permitted by law, pursuant                 items from being exported, reexported,                delayed to allow for public comment,
                                                to Executive Order 13222 as amended                      or transferred (in-country) to the                    U.S. exporters may face unnecessary
                                                by Executive Order 13637.                                persons being added to or the entries                 economic losses as they turn away
                                                                                                         being modified on the Entity List. If this            potential sales because the customer
                                                Rulemaking Requirements                                  rule were delayed to allow for notice                 remained a listed person on the Entity
                                                   1. Executive Orders 13563 and 12866                   and comment and a delay in effective                  List even after the ERC approved the
                                                direct agencies to assess all costs and                  date, then entities being added to the                removal pursuant to the rule published
                                                benefits of available regulatory                         Entity List by this action would                      at 73 FR 49311 on August 21, 2008. By
                                                alternatives and, if regulation is                       continue to be able to receive items                  publishing without prior notice and
                                                necessary, to select regulatory                          without a license and to conduct                      comment, BIS allows the applicant to
                                                approaches that maximize net benefits                    activities contrary to the national                   receive U.S. exports immediately since
                                                (including potential economic,                           security or foreign policy interests of the           this one applicant already has received
                                                environmental, public health and safety                  United States. In addition, because these             approval by the ERC pursuant to 15 CFR
                                                effects, distributive impacts, and                       parties may receive notice of the U.S.                part 744, Supplement No. 5, as noted in
                                                equity). Executive Order 13563                           Government’s intention to place these                 15 CFR 744.16(b).
                                                emphasizes the importance of                             entities on the Entity List if a proposed                The removals from the Entity List
                                                quantifying both costs and benefits, of                  rule is published, doing so would create              granted by the ERC involve interagency
                                                reducing costs, of harmonizing rules,                    an incentive for these persons to either              deliberation and result from review of
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                                                and of promoting flexibility. This rule                  accelerate receiving items subject to the             public and non-public sources,
                                                has been determined to be not                            EAR to conduct activities that are                    including sensitive law enforcement
                                                significant for purposes of Executive                    contrary to the national security or                  information and classified information,
                                                Order 12866.                                             foreign policy interests of the United                and the measurement of such
                                                   2. Notwithstanding any other                          States, or to take steps to set up                    information against the Entity List
                                                provision of law, no person is required                  additional aliases, change addresses,                 removal criteria. This information is
                                                to respond to nor be subject to a penalty                and other measures to try to limit the                extensively reviewed according to the


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                                                                 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations                                                               8527

                                                criteria for evaluating removal requests                    use of license exceptions) on this one                          1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
                                                from the Entity List, as set out in 15 CFR                  person being removed from the Entity                            3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
                                                part 744, Supplement No. 5 and 15 CFR                       List. The rule does not impose a                                FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
                                                744.16(b). For reasons of national                          requirement on any other person for this                        12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
                                                                                                                                                                            356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
                                                security, BIS is not at liberty to provide                  one removal from the Entity List.                               Comp., p. 228; E.O. 13099, 63 FR 45167, 3
                                                to the public detailed information on                          No other law requires that a notice of                       CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
                                                which the ERC relied to make the                            proposed rulemaking and an                                      44025, 3 CFR, 2001 Comp., p. 783; E.O.
                                                decision to remove this entity. In                          opportunity for public comment be                               13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
                                                addition, the information included in                       given for this final rule. Because a                            786; Notice of January 21, 2014, 79 FR 3721
                                                the removal request is information                          notice of proposed rulemaking and an                            (January 22, 2014); Notice of August 7, 2014,
                                                exchanged between the applicant and                         opportunity for public comment are not                          79 FR 46959 (August 11, 2014); Notice of
                                                the ERC, which by law (section 12(c) of                     required under the APA or by any other                          September 17, 2014, 79 FR 56475 (September
                                                the Export Administration Act), BIS is                      law, the analytical requirements of the                         19, 2014); Notice of January 21, 2015, 80 FR
                                                                                                            Regulatory Flexibility Act (5 U.S.C. 601                        3461 (January 22, 2015).
                                                restricted from sharing with the public.
                                                Moreover, removal requests from the                         et seq.) are not applicable. As a result,                       ■ 2. Supplement No. 4 to part 744 is
                                                Entity List contain confidential business                   no final regulatory flexibility analysis is                     amended:
                                                information, which is necessary for the                     required and none has been prepared.                            ■ a. By adding under China, in
                                                extensive review conducted by the U.S.                      List of Subject in 15 CFR Part 744                              alphabetical order, four Chinese entities;
                                                Government in assessing such removal                                                                                        ■ b. By removing under Germany, one
                                                requests.                                                     Exports, Reporting and recordkeeping
                                                                                                            requirements, Terrorism.                                        German entity, ‘‘Satco GmbH, a.k.a., the
                                                   Section 553(d) of the APA generally                                                                                      following one alias: -Satco Inc. Park
                                                provides that rules may not take effect                       Accordingly, part 744 of the Export
                                                                                                            Administration Regulations (15 CFR                              Street 4, Bremen, Germany 28209.’’;
                                                earlier than thirty (30) days after they                                                                                    ■ c. By adding under Pakistan, in
                                                are published in the Federal Register.                      parts 730–774) is amended as follows:
                                                                                                                                                                            alphabetical order, four Pakistani
                                                BIS finds good cause to waive the 30-                       PART 744—[AMENDED]                                              entities; and
                                                day delay in effectiveness under 5                                                                                          ■ d. By adding under United Arab
                                                U.S.C. 553(d)(1) because this rule is a                     ■ 1. The authority citation for 15 CFR                          Emirates, in alphabetical order, three
                                                substantive rule which relieves a                           part 744 continues to read as follows:                          Emirati entities.
                                                restriction. This rule’s removal of one                       Authority: 50 U.S.C. app. 2401 et seq.; 50                      The additions read as follows:
                                                person from the Entity List removes a                       U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
                                                requirement (the Entity-List-based                          42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22                     Supplement No. 4 to Part 744—Entity
                                                license requirement and limitation on                       U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,                    List

                                                                                                                                                                              License                   Federal Register
                                                     Country                                 Entity                              License requirement                       review policy                    citation


                                                          *                           *                          *                          *                          *                         *                   *

                                                CHINA, PEO-                       *                          *                          *                          *                         *                   *
                                                 PLE’S RE-
                                                 PUBLIC OF

                                                                      National    Supercomputing      Center                For all items subject to             Case-by-case basis .........        80 FR [INSERT FR PAGE
                                                                        Changsha (NSCC–CS), Changsha                          the EAR. (See § 744.11                                                   NUMBER 2/18/15].
                                                                        City, Hunan Province, China                           of the EAR)
                                                                      National    Supercomputing      Center                For all items subject to             Case-by-case basis .........        80 FR [INSERT FR PAGE
                                                                        Guangzhou (NSCC–GZ), Sun Yat-                         the EAR. (See § 744.11                                                   NUMBER 2/18/15].
                                                                        Sen University, University City,                      of the EAR)
                                                                        Guangzhou, China
                                                                      National    Supercomputing      Center                For all items subject to             Case-by-case basis .........        80 FR [INSERT FR PAGE
                                                                        Tianjin (NSCC–TJ), 7th Street, Binhai                 the EAR. (See § 744.11                                                   NUMBER 2/18/15].
                                                                        New Area, Tianjin, China                              of the EAR)
                                                                      National University of Defense Tech-                  For all items subject to             Case-by-case basis .........        80 FR [INSERT FR PAGE
                                                                        nology (NUDT), Garden Road (Metro                     the EAR. (See § 744.11                                                   NUMBER 2/18/15].
                                                                        West), Changsha City, Kaifu District,                 of the EAR)
                                                                        Hunan Province, China

                                                                                  *                          *                          *                          *                         *                   *


                                                          *                           *                          *                          *                          *                         *                   *

                                                PAKISTAN                          *                          *                          *                          *                         *                   *
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                                                                      Azad Motors Property Choice, a.k.a.,                  For all items subject to             Presumption of denial ......        80 FR [INSERT FR PAGE
                                                                        the following four aliases:                           the EAR. (See § 744.11                                                   NUMBER 2/18/15].
                                                                          —Peshawar Master Azad Motors;                       of the EAR)
                                                                          —Peshawar Motors Complex;
                                                                          —Karakoram Azad Motors; and
                                                                          —Azad Cars



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                                                8528             Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations

                                                                                                                                                                              License                   Federal Register
                                                     Country                                 Entity                              License requirement                       review policy                    citation

                                                                      Main GT Road, Hajji Camp, Peshawar,
                                                                       Pakistan

                                                                                  *                          *                          *                          *                         *                   *

                                                                      Hakim Noor, a.k.a., the following one                 For all items subject to             Presumption of denial ......        80 FR [INSERT FR PAGE
                                                                        alias:                                                the EAR. (See § 744.11                                                   NUMBER 2/18/15].
                                                                           —Hakim Nur.                                        of the EAR)
                                                                      Sarafa Shop #10, Noor Muhammad
                                                                        Market, Miram Shaw, Pakistan; and
                                                                      Mir Nasir Plaza, Sikandar Pura, Paki-
                                                                        stan.
                                                                      Hakim Nur Sarafa, a.k.a., the following               For all items subject to             Presumption of denial ......        80 FR [INSERT FR PAGE
                                                                        two aliases:                                          the EAR. (See § 744.11                                                   NUMBER 2/18/15].
                                                                           —Noor Muhammad Market; and                         of the EAR)
                                                                           —Haji Hakim Noor Saraf.
                                                                      Sarafa Shop #10, Noor Muhammad
                                                                        Market, Miram Shaw, Pakistan; and
                                                                      Market Shop Number 10, Sarafa Bazar
                                                                        Miram Shaw, Pakistan.

                                                                                  *                          *                          *                          *                         *                   *

                                                                      Sher Qadir, Darpa Khel Village, Mirim                 For all items subject to             Presumption of denial ......        80 FR [INSERT FR PAGE
                                                                        Shaw, Pakistan                                        the EAR                                                                  NUMBER 2/18/15].

                                                                                  *                          *                          *                          *                         *                   *


                                                          *                           *                          *                          *                          *                         *                   *

                                                UNITED ARAB                       *                          *                          *                          *                         *                   *
                                                 EMIRATES

                                                                      Ajab Noor, a.k.a., the following one                  For all items subject to             Presumption of denial ......        80 FR [INSERT FR PAGE
                                                                        alias:                                                the EAR. (See § 744.11                                                   NUMBER 2/18/15].
                                                                           —Ajab Nur.                                         of the EAR)
                                                                      Box No. 28715, Dubai, U.A.E.; and
                                                                      Dubai Tower, Al Maktoum Rd, Al
                                                                        Rigga, Dubai, Near Baniyas Square
                                                                        Metro Station, U.A.E.
                                                                      Ajab Trading Co. LLC, Box No. 28715,                  For all items subject to             Presumption of denial ......        80 FR [INSERT FR PAGE
                                                                        Dubai, U.A.E.; and                                    the EAR. (See § 744.11                                                   NUMBER 2/18/15].
                                                                                                                              of the EAR)
                                                                      Dubai Tower, Al Maktoum Rd, Al
                                                                        Rigga, Dubai, Near Baniyas Square
                                                                        Metro Station, U.A.E.

                                                                                  *                          *                          *                          *                         *                   *

                                                                      Perfect Tyre Trading Co LLC, Al Ain—                  For all items subject to             Presumption of denial ......        80 FR [INSERT FR PAGE
                                                                        Al Sanaiya—Inh. Mohammed Sultan                       the EAR. (See § 744.11                                                   NUMBER 2/18/15].
                                                                        Aldarmaki—Bld, Dubai, U.A.E.; and                     of the EAR)
                                                                      Post Box No. 67221, Abu Dhabi,
                                                                        U.A.E.

                                                                                  *                          *                          *                          *                         *                   *


                                                          *                           *                          *                          *                          *                         *                   *
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                                                                 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations                                        8529

                                                  Dated: February 12, 2015.                              Secretary has delegated various                         • The appropriate United States
                                                Kevin J. Wolf,                                           authorities through Treasury                          Geological Survey (USGS) map(s)
                                                Assistant Secretary for Export                           Department Order 120–01 (Revised),                    showing the location of the proposed
                                                Administration.                                          dated December 10, 2013, to the TTB                   AVA, with the boundary of the
                                                [FR Doc. 2015–03321 Filed 2–17–15; 8:45 am]              Administrator to perform the functions                proposed AVA clearly drawn thereon;
                                                BILLING CODE 3510–33–P                                   and duties in the administration and                  and
                                                                                                         enforcement of this law.                                • A detailed narrative description of
                                                                                                            Part 4 of the TTB regulations (27 CFR              the proposed AVA boundary based on
                                                DEPARTMENT OF THE TREASURY                               part 4) authorizes TTB to establish                   USGS map markings.
                                                                                                         definitive viticultural areas and regulate
                                                                                                                                                               Fountaingrove District Petition
                                                Alcohol and Tobacco Tax and Trade                        the use of their names as appellations of
                                                Bureau                                                   origin on wine labels and in wine                        TTB received a petition from Douglas
                                                                                                         advertisements. Part 9 of the TTB                     Grigg of Walnut Hill Vineyards, LLC, on
                                                                                                         regulations (27 CFR part 9) sets forth                behalf of the Fountaingrove Appellation
                                                27 CFR Part 9
                                                                                                         standards for the preparation and                     Committee, proposing the establishment
                                                [Docket No. TTB–2014–0006; T.D. TTB–128;                 submission of petitions for the                       of the ‘‘Fountaingrove District’’ AVA in
                                                Ref: Notice No. 144]                                                                                           Sonoma County, California, northeast of
                                                                                                         establishment or modification of
                                                RIN 1513–AC09                                            American viticultural areas (AVAs) and                the city of Santa Rosa. The committee
                                                                                                         lists the approved AVAs.                              originally proposed the name
                                                Establishment of the Fountaingrove                                                                             ‘‘Fountaingrove,’’ after the 19th Century
                                                District Viticultural Area                               Definition                                            utopian community of Fountaingrove
                                                                                                           Section 4.25(e)(1)(i) of the TTB                    that once existed within the region of
                                                AGENCY:  Alcohol and Tobacco Tax and                     regulations (27 CFR 4.25(e)(1)(i)) defines            the proposed AVA. Before the
                                                Trade Bureau, Treasury.                                  a viticultural area for American wine as              publication of the proposed rule, the
                                                ACTION: Final rule; Treasury decision.                   a delimited grape-growing region having               committee submitted to TTB a request
                                                                                                         distinguishing features, as described in              to change the name to ‘‘Fountaingrove
                                                SUMMARY:   The Alcohol and Tobacco Tax                   part 9 of the regulations, and a name                 District’’ in order to avoid affecting
                                                and Trade Bureau (TTB) establishes the                   and a delineated boundary, as                         current use of the word
                                                approximately 38,000-acre                                established in part 9 of the regulations.             ‘‘Fountaingrove,’’ standing alone, in
                                                ‘‘Fountaingrove District’’ viticultural                  These designations allow vintners and                 brand names on wine labels. The
                                                area in Sonoma County, California. The                   consumers to attribute a given quality,               proposed AVA covers approximately
                                                viticultural area lies entirely within the               reputation, or other characteristic of a              38,000 acres and has approximately 35
                                                larger, multicounty North Coast                          wine made from grapes grown in an area                commercially-producing vineyards
                                                viticultural area. TTB designates                        to the wine’s geographic origin. The                  covering a total of 500 acres.
                                                viticultural areas to allow vintners to                  establishment of AVAs allows vintners                    The proposed Fountaingrove District
                                                better describe the origin of their wines                to describe more accurately the origin of             AVA is located entirely within the
                                                and to allow consumers to better                         their wines to consumers and helps                    larger, multicounty North Coast AVA
                                                identify wines they may purchase.                        consumers to identify wines they may                  (27 CFR 9.30). The proposed AVA
                                                DATES: This final rule is effective March                purchase. Establishment of an AVA is                  shares its boundaries with the
                                                20, 2015.                                                neither an approval nor an endorsement                established Russian River Valley (27
                                                FOR FURTHER INFORMATION CONTACT:                         by TTB of the wine produced in that                   CFR 9.66), Chalk Hill (27 CFR 9.52),
                                                Karen A. Thornton, Regulations and                       area.                                                 Knights Valley (27 CFR 9.76), Calistoga
                                                Rulings Division, Alcohol and Tobacco                                                                          (27 CFR 9.209), Diamond Mountain
                                                                                                         Requirements                                          District (27 CFR 9.166), Spring
                                                Tax and Trade Bureau, 1310 G Street
                                                NW., Box 12, Washington, DC 20005;                         Section 4.25(e)(2) of the TTB                       Mountain District (27 CFR 9.143), and
                                                phone 202–453–1039, ext. 175.                            regulations (27 CFR 4.25(e)(2)) outlines              Sonoma Valley (27 CFR 9.29) AVAs but
                                                                                                         the procedure for proposing an AVA                    does not overlap any of these AVAs.
                                                SUPPLEMENTARY INFORMATION:
                                                                                                         and provides that any interested party                   According to the petition, the
                                                Background on Viticultural Areas                         may petition TTB to establish a grape-                distinguishing features of the proposed
                                                                                                         growing region as an AVA. Section 9.12                Fountaingrove District AVA are its
                                                TTB Authority                                                                                                  topography, climate, and soils. The
                                                                                                         of the TTB regulations (27 CFR 9.12)
                                                  Section 105(e) of the Federal Alcohol                  prescribes standards for petitions for the            proposed AVA is located on the western
                                                Administration Act (FAA Act), 27                         establishment or modification of AVAs.                slopes of the Mayacmas Mountains and
                                                U.S.C. 205(e), authorizes the Secretary                  Petitions to establish an AVA must                    features low, rolling hills as well as
                                                of the Treasury to prescribe regulations                 include the following:                                higher, steeper mountains with
                                                for the labeling of wine, distilled spirits,               • Evidence that the area within the                 southwest-facing slopes. The Sonoma
                                                and malt beverages. The FAA Act                          proposed AVA boundary is nationally                   Mountains, along the southwestern
                                                provides that these regulations should,                  or locally known by the AVA name                      boundary of the proposed AVA, shelter
                                                among other things, prohibit consumer                    specified in the petition;                            the proposed AVA from the strongest
                                                deception and the use of misleading                        • An explanation of the basis for                   marine breezes and heaviest fog, but an
                                                statements on labels and ensure that                     defining the boundary of the proposed                 air gap in the mountains does allow
                                                labels provide the consumer with                         AVA;                                                  some cooling air and fog into the
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                                                adequate information as to the identity                    • A narrative description of the                    proposed AVA. The moderate
                                                and quality of the product. The Alcohol                  features of the proposed AVA affecting                temperatures within the proposed
                                                and Tobacco Tax and Trade Bureau                         viticulture, such as climate, geology,                Fountaingrove District AVA are suitable
                                                (TTB) administers the FAA Act                            soils, physical features, and elevation,              for growing cabernet sauvignon,
                                                pursuant to section 1111(d) of the                       that make the proposed AVA distinctive                chardonnay, sauvignon blanc, merlot,
                                                Homeland Security Act of 2002,                           and distinguish it from adjacent areas                cabernet franc, zinfandel, syrah, and
                                                codified at 6 U.S.C. 531(d). The                         outside the proposed AVA boundary;                    voignier grape varieties. The proposed


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Document Created: 2018-02-16 11:10:11
Document Modified: 2018-02-16 11:10:11
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 February 18, 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 8524 
RIN Number0694-AG46
CFR AssociatedExports; Reporting and Recordkeeping Requirements and Terrorism

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