81 FR 40174 - Addition of Certain Persons and Removal of Certain Persons From the Entity List
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 81, Issue 119 (June 21, 2016)
Bureau of Industry and Security
Federal Register Volume 81, Issue 119 (June 21, 2016)
| Page Range | 40174-40181 | |
| FR Document | 2016-14515 |
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)] [Rules and Regulations] [Pages 40174-40181] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14515] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 160415341-6341-01] RIN 0694-AG94 Addition of Certain Persons and Removal of Certain Persons From the Entity List AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends the Export Administration Regulations (EAR) by adding twenty-eight persons under thirty-one entries to the Entity List. The twenty-eight 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 twenty-eight persons will be listed on the Entity List under the destinations of Afghanistan, Austria, China, Hong Kong, Iran, Israel, Panama, Taiwan, and the United Arab Emirates (U.A.E.). This final rule also removes three entities from the Entity List under the destinations of Finland, Pakistan and Turkey as the result of requests for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entity and the End-User Review Committee's (ERC) review of the information provided in the removal requests. DATES: This rule is effective June 21, 2016. FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, Email: [email protected]. SUPPLEMENTARY INFORMATION: Background The Entity List (Supplement No. 4 to part 744) identifies entities and other persons reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. The EAR imposes additional license requirements on, and limits the availability of most license exceptions for, exports, reexports, and transfers (in-country) to those listed. The ``license review policy'' for each listed entity or other person is identified in the License Review Policy column on the Entity List and the impact on the availability of license exceptions is described in the Federal Register notice adding entities or other persons to the Entity List. BIS places entities and other persons on the Entity List pursuant to sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR. The ERC, composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List. The ERC makes all decisions to add an entry to the Entity List by majority vote and all decisions to remove or modify an entry by unanimous vote. ERC Entity List Decisions Additions to the Entity List This rule implements the decision of the ERC to add twenty-eight persons under thirty-one entries to the Entity List. These twenty-eight 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 thirty-one entries added to the entity list consist of one entry in Afghanistan, one entry in Austria, two entries in China, six entries in Hong Kong, four entries in Iran, eight entries in Israel, one entry in Panama, four entries in Taiwan, and four entries in the U.A.E. There are thirty-one entries for the twenty-eight persons because three persons are listed in multiple locations, resulting in three additional entries. The ERC reviewed Sec. 744.11(b) (Criteria for revising the Entity List) in making the determination to add these twenty-eight persons under thirty-one entries to the Entity List. Under that paragraph, persons and those acting on behalf of such persons may be added to the Entity List if there is reasonable cause to believe, based on specific and articulable facts, that they have been [[Page 40175]] 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. Paragraphs (b)(1) through (5) of Sec. 744.11 include an illustrative list of activities that could be contrary to the national security or foreign policy interests of the United States. Pursuant to Sec. 744.11(b)(2) of the EAR, the ERC determined that twenty persons, located in the destinations of Afghanistan, Austria, China, Hong Kong, Iran, Taiwan, and the U.A.E., be added to the Entity List for actions contrary to the national security or foreign policy interests of the United States. The ERC determined that there is reasonable cause to believe, based on specific and articulable facts, that Mehrdad Rueen Foomanie, Mehrdad Moeinansari and related parties including Enrich Ever Technologies Co., Ltd.; Foang Tech Inc.; Global Merchant General Trading L.L.C.; Gulf Gate Sea Cargo L.L.C.; Gulf Gate Sea Cargo LLC; Gulf Gate Shipping Co. L.L.C.; Gulf Gate Spedition GmbH; Hivocal Technology Company, Ltd.; Infinity Wise Technology Limited; Kuang-Su Corporation; Morvarid Shargh Co. Ltd.; Morvarid Sanat Co. LTD; Ninehead Bird Semiconductor; Panda Semiconductor; Pinky Trading Co., Ltd.; Sazgan Ertebat Co. Ltd.; Well Smart (HK) Technology; and Wise Smart (HK) Electronics Limited, have been involved in actions contrary to the national security or foreign policy interests of the United States. Specifically, Foomanie and Moeinansari conducted nearly 600 transactions with 63 different U.S. companies in which they obtained or attempted to obtain U.S.-origin parts and components without notifying the U.S. companies that the parts would be shipped to Iran and without getting the required U.S. Government license to ship the parts and components to Iran. Foomanie and Moeinansari, with the assistance of companies located in Iran, arranged to have the items unlawfully shipped to Iran through companies located in Taiwan, Hong Kong and China. Additionally, Moeinansari attempted to transship and transshipped cargo originating in the United States using his company, Gulf Gate Sea Cargo LLC, located in Dubai, U.A.E. In addition, pursuant to Sec. 744.11(b) of the EAR, the ERC determined that eight persons, located in the destinations of Israel and Panama, be added to the Entity List for actions contrary to the national security or foreign policy interests of the United States. The ERC determined there is reasonable cause to believe, based on specific and articulable facts, that Eliyahu Cohen and the following related persons: A. Leib Ltd.; AVS (Armored Vehicle Spares); M&P Trading Inc.; P.AD Ltd.; QPS Ltd.; RSP Ltd.; and Wheels Incorporated have been involved in activities that are contrary to the national security and foreign policy interests of the United States. Specifically, these persons procured and/or retransferred U.S.-origin items to Israel and Iran without having first obtained the required authorization or license from the U.S. Government. Pursuant to Sec. 744.11(b) of the EAR, the ERC determined that the conduct of these twenty-eight 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. Therefore, these twenty-eight persons are being added to the Entity List under thirty-one entries. For the twenty-eight persons under thirty-one entries added to the Entity List, BIS imposes 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. The acronym ``a.k.a.'' (also known as) is used in entries on the Entity List to help exporters, reexporters and transferors better identify listed persons on the Entity List. This final rule adds the following twenty-eight persons under thirty-one entries to the Entity List: Afghanistan (1) Gulf Gate Sea Cargo LLC, Gulzaad Market Building, 4th Floor, Room 2, Kabul, Afghanistan. Austria (1) Gulf Gate Spedition GmbH, A-1040 Argentinierstrasse 35/6, Vienna, Austria. China (1) Foang Tech Inc., a.k.a., the following one alias: --Ofogh Electronics Co. 52F, Shun Hing Square, Unit 1-8 Di Wang Commercial Center, Shenzhen, China (See alternate address under Hong Kong); and (2) Ninehead Bird Semiconductor, RM 15, Jufu Ge, Caifu Bld, Caitian Road, Futian Qu, Shenzhen, Guangdong, 518033, China. Hong Kong (1) Foang Tech Inc., a.k.a., the following one alias: --Ofogh Electronics Co. Flat/RM 1701-Ricky CTR, 36 Chowg Yip Street, Kwun Tong, Hong Kong (See alternate address under China); (2) Infinity Wise Technology Limited, 7/F One Kowloon, 1 Wang Yuen Street, Kowloon Bay, Kowloon, Hong Kong; and Room 1213 Chui King House, Choi Hung Estate, Kowloon, Hong Kong (See alternate addresses under Taiwan); (3) Panda Semiconductor, Room 2, Unit A 14/F Shun on Commercial building, 112-114 Des Voeux Road, Central, Hong Kong; (4) Pinky Trading Co., Ltd., 338 Queen's Road, Central, Hong Kong; (5) Well Smart (HK) Technology, Room 604, Kalok Building, 720 Nathan Road, Kowloon, Hong Kong; and (6) Wise Smart (HK) Electronics Limited, Room 1213, Chui King House, Choi Hung Estate, Kowloon, Hong Kong. Iran (1) Mehrdad Rueen Foomanie, a.k.a., the following four aliases: --Frank Foomanie; --Mark Foomanie; --Mark Averin; and --Max Xian. No. 35 Abaas Abaad Street, Daryosh Street Andesheh 2 Street (Hamid Qods), Iran--Tehran; and Sohrivardi Shomali Street, Andesheh 2 Street, after Daryoush Crossroad, No. 35, Floor 5, No. 8, Tehran, Iran; (2) Morvarid Sanat Co., Ltd., Sohrivardi Shomah Street, Andesheh 2 Street, after Daryosh Crossroad, No. 35, Floor 5, No. 8, Tehran, Iran; (3) Morvarid Shargh Co., Ltd., Sohrivardi Street No. 35, Tehran, Iran; and (4) Sazgan Ertebat Co., Ltd., a.k.a., the following one alias: --Sazgan Ertebat Poya Co. Ltd. No. 40-Hoveizeh St. Sohrevardi St., Tehran, Iran; and P.O. Box 16315-194 Zip: 1559934314. Israel (1) A. Leib Ltd., HA'Assif 19, Binyamina, Israel; (2) AVS (Armored Vehicle Spares), a.k.a., the following one alias: [[Page 40176]] --Armored Vehicle Service. 42 Hamesilla Street, Binyamina, Israel; (3) Eliyahu Cohen, a.k.a., the following six aliases: --Arie Cohen; --Eli Cohen; --Eliyahu Ari Cohen; --Eliyahu Arie Cohen; --Eric Cohen; and --Ari Kohan. Binyamina, Israel. (4) M&P Trading Inc., P.O. Box 161, Caesarea, Israel 3088903; (5) P.AD Ltd., 42 Hamesilla Street, Binyamina, Israel; (6) QPS Ltd., a.k.a., the following two aliases: --Quality Parts and Spares; and --Quality Parts and Services. 5 Ner Halayla Street, Caesarea, Israel; and 42 Hamesilla Street, Railway Industrial Area, Binyamina, Israel; (7) RSP Ltd., a.k.a., the following one alias: --Rebuilt Spare Parts. HA'Assif 19, Binyamina, Israel 30550; and (8) Wheels Incorporated, HA'Assif 43, Binyamina, Israel 30551 (See alternate address under Panama). Panama (1) Wheels Incorporated, P.O. Box 6--2875, El Dorado, Panama (See alternate address under Israel). Taiwan (1) Enrich Ever Technologies Co., Ltd., a.k.a., the following one alias: --Enrich Ever Technologies Co. 9F No. 38 Ming-Fu 13th Street, Taoyuan, Taiwan; and 8F, No. 431, Da-You Road, Taoyuan, Taiwan; (2) Hivocal Technology Company, Ltd.; 10F, No. 736, Jhongjheng Road, Jhonghe City, Taipei County 235, Taiwan; (3) Infinity Wise Technology Limited, Flat/RMA 6/F, Man Wing Building 503-507 Nathan Road Yaumate 1, Taiwan; and 8F, No. 431, Da-You Road Taoyuan, Taiwan (See alternate addresses under Hong Kong); and (4) Kuang-Su Corporation, 8F, No. 431, Da-You Road, Taoyuan, Taiwan. United Arab Emirates (1) Global Merchant General Trading LLC, P.O. Box 39960, Dubai, U.A.E.; (2) Gulf Gate Sea Cargo LLC, No. 508, Bldg P-114, Almaktoum Road, Deirah, Dubai, United Arab Emirates; and P.O. Box 39948, Dubai, U.A.E.; (3) Gulf Gate Shipping Co. LLC, No. 508, Bldg P-114, Almaktoum Road, Deirah, Dubai, United Arab Emirates; and P.O. Box 39948, Dubai, U.A.E.; and (4) Mehrdad Moeinansari, a.k.a., the following one alias: --Mehrdad Ansari. No 7101, Index Tower DIFC, Dubai, U.A.E.; and No 508, Sheikha Maryam Bldg., Deirah, Dubai, U.A.E. 39948. Removals From the Entity List This rule implements the decisions of the ERC to remove the following three entries from the Entity List based on removal requests received by the BIS: Nurminen Oy, located in Finland; Rayyan Air Pvt Ltd., located in Pakistan; and AAG Makina, located in Turkey. The ERC's decisions to remove Nurminen Oy, Rayyan Air Pvt Ltd and AAG Makina from the Entity List were based on information received by the BIS pursuant to Sec. 744.16 of the Export Administration Regulation and further review conducted by the ERC. In accordance with Sec. 744.16(c), the Deputy Assistant Secretary for Export Administration has sent written notification informing these three persons of the ERC's decisions to remove them from the Entity List. This final rule implements the decisions to remove the following three entities located in Finland, Pakistan and Turkey from the Entity List: Finland (1) Nurminen Oy, 231B Vanha Porvoontie, Vantaa, Finland 01380. Note that while Nurminen Oy is being removed, Olkebor Oy is being retained on the Entity List in this final rule. Pakistan (1) Rayyan Air Pvt Ltd., House No 614 Street No 58 I-8/2 Islamabad, Pakistan; and Office No 456, K Street No 57 I-8/3 Islamabad, Pakistan. Turkey (1) AAG Makina, Mah. Idris Kosku Caddesi Kutu, Sokak No:1 Pierreloti/Eyup, Istanbul, Turkey. The removal of the three persons referenced above, which was approved by the ERC, eliminates the existing license requirements in Supplement No. 4 to part 744 for exports, reexports and transfers (in- country) to these entities. However, the removal of these three persons from the Entity List does not relieve persons of other obligations under part 744 of the EAR or under other parts of the EAR. Neither the removal of an entity from the Entity List nor the removal of Entity List-based license requirements relieves persons of their obligations under General Prohibition 5 in Sec. 736.2(b)(5) of the EAR which provides that, ``you may not, without a license, knowingly export or reexport any item subject to the EAR to an end-user or end-use that is prohibited by part 744 of the EAR.'' Additionally, these removals do not relieve persons of their obligation to apply for export, reexport or in-country transfer licenses required by other provisions of the EAR. BIS strongly urges the use of Supplement No. 3 to part 732 of the EAR, ``BIS's `Know Your Customer' Guidance and Red Flags,'' when persons are involved in transactions that are subject to the EAR. Savings Clause Shipments of items removed from eligibility for a License Exception or export or reexport without a license (NLR) as a result of this regulatory action that were en route aboard a carrier to a port of export or reexport, on June 21, 2016, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export or reexport without a license (NLR). Export Administration Act Although the Export Administration Act expired on August 20, 2001, the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of August 7, 2015, 80 FR 48233 (August 11, 2015), has continued the Export Administration Regulations in effect under the International Emergency Economic Powers Act. BIS continues to carry out the provisions of the Export Administration Act, as appropriate and to the extent permitted by law, pursuant to Executive Order 13222, as amended by Executive Order 13637. Rulemaking Requirements 1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, [[Page 40177]] 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 twenty-eight persons under thirty-one entries added 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 the Entity List. If this rule were delayed to allow for notice and comment and a delay in effective date, the 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, publishing a proposed rule would give these parties notice of the U.S. Government's intention to place them on the Entity List and 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, and/or to take steps to set up additional aliases, change addresses, and other measures to try to limit the impact of the listing on the Entity List once a final rule was published. Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared. 5. For the three entries removed from the Entity List in this final rule, pursuant to the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), BIS finds good cause to waive requirements that this rule be subject to notice and the opportunity for public comment because it would be contrary to the public interest. In determining whether to grant removal requests from the Entity List, a committee of U.S. Government agencies (the End-User Review Committee (ERC)) evaluates information about and commitments made by listed persons requesting removal from the Entity List, the nature and terms of which are set forth in 15 CFR part 744, Supplement No. 5, as noted in 15 CFR 744.16(b). The information, commitments, and criteria for this extensive review were all established through the notice of proposed rulemaking and public comment process (72 FR 31005 (June 5, 2007) (proposed rule), and 73 FR 49311 (August 21, 2008) (final rule)). These three removals have 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 to the other entities removed by this rule because the customer remained listed persons on the Entity List even after the ERC approved the removals pursuant to the rule published at 73 FR 49311 on August 21, 2008. By publishing without prior notice and comment, BIS allows the applicants to receive U.S. exports immediately since the applicants already have 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 criteria for evaluating removal requests from the Entity List, as set out in 15 CFR part 744, Supplement No. 5 and 15 CFR 744.16(b). For reasons of national security, BIS is not at liberty to provide to the public detailed information on which the ERC relied to make the decisions to remove these three entities. In addition, the information included in the removal request is information exchanged between the applicant and the ERC, which by law (section 12(c) of the Export Administration Act), BIS is restricted from sharing with the public. Moreover, removal requests from the Entity List contain confidential business information, which is necessary for the extensive review conducted by the U.S. Government in assessing such removal requests. Section 553(d) of the APA generally provides that rules may not take effect earlier than thirty (30) days after they are published in the Federal Register. BIS finds good cause to waive the 30-day delay in effectiveness under 5 U.S.C. 553(d)(1) because this rule is a substantive rule which relieves a restriction. This rule's removal of three persons under three entries from the Entity List removes a requirement (the Entity-List-based license requirement and limitation on use of license exceptions) on these three persons being removed from the Entity List. The rule does not impose a requirement on any other person for these three removals from the Entity List. No other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required under the APA or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. As a result, no final regulatory flexibility analysis is required and none has been prepared. List of Subjects in 15 CFR Part 744 Exports, Reporting and recordkeeping requirements, Terrorism. [[Page 40178]] Accordingly, part 744 of the Export Administration Regulations (15 CFR parts 730 through 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. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015); Notice of September 18, 2015, 80 FR 57281 (September 22, 2015); Notice of November 12, 2015, 80 FR 70667 (November 13, 2015); Notice of January 20, 2016, 81 FR 3937 (January 22, 2016). 0 2. Supplement No. 4 to part 744 is amended: 0 a. By adding under Afghanistan, in alphabetical order, one Afghani entity; 0 b. By adding in alphabetical order, an entry for Austria and one Austrian entity; 0 c. By adding under China, People's Republic of, in alphabetical order, two Chinese entities; 0 d. By removing under Finland, the Finnish entity, ``Olkebor Oy/Nurminen Oy'' and adding in its place the Finnish entity, ``Olkebor Oy''; 0 e. By adding under Hong Kong, in alphabetical order, six Hong Kong entities; 0 f. By adding under Iran, in alphabetical order, four Iranian entities; 0 g. By adding under Israel, in alphabetical order, eight Israeli entities; 0 h. By removing under Pakistan, one Pakistani entity, ``Rayyan Air Pvt Ltd.''; 0 i. By adding under Panama, in alphabetical order, one Panamanian entity; 0 j. By adding under Taiwan, in alphabetical order, four Taiwanese entities; 0 k. By removing under Turkey, one Turkish entity, ``AAG Makina''; and 0 l. By adding under United Arab Emirates, in alphabetical order, four Emirati entities. The additions and revisions read as follows: Supplement No. 4 to Part 744--Entity List ---------------------------------------------------------------------------------------------------------------- License review Federal Register Country Entity License requirement policy citation ---------------------------------------------------------------------------------------------------------------- AFGHANISTAN * * * * * * Gulf Gate Sea Cargo LLC, For all items Presumption of 81 FR [INSERT FR Gulzaad Market Building, subject to the denial. PAGE NUMBER] 6/ 4th Floor, Room 2, Kabul, EAR. (See Sec. 21/16. Afghanistan. 744.11 of the EAR). * * * * * * * AUSTRIA Gulf Gate Spedition GmbH, For all items Presumption of 81 FR [INSERT FR A-1040 Argentinierstrasse subject to the denial. PAGE NUMBER] 6/ 35/6, Vienna, Austria. EAR. (See Sec. 21/16. 744.11 of the EAR). * * * * * * * CHINA, PEOPLE'S REPUBLIC * * * * * * OF Foang Tech Inc., a.k.a., For all items Presumption of 81 FR [INSERT FR the following one alias: subject to the denial. PAGE NUMBER] 6/ --Ofogh Electronics Co. EAR. (See Sec. 21/16. 52F, Shun Hing Square, 744.11 of the Unit 1-8 Di Wang EAR). Commercial Center, Shenzhen, China (See alternate address under Hong Kong). * * * * * * Ninehead Bird For all items Presumption of 81 FR [INSERT FR Semiconductor, RM 15, subject to the denial. PAGE NUMBER] 6/ Jufu Ge, Caifu Bld, EAR. (See Sec. 21/16. Caitian Road, Futian Qu, 744.11 of the Shenzhen, Guangdong, EAR). 518033, China. * * * * * * * FINLAND * * * * * * Olkebor Oy, 231B Vanha For all items Presumption of 77 FR 61256, 10/9/ Porvoontie, Vantaa, subject to the denial. 12. 78 FR 3319, Finland 01380. EAR. (See Sec. 1/16/13. 81 FR 744.11 of the [INSERT FR PAGE EAR). NUMBER] 6/21/16. * * * * * * * HONG KONG * * * * * * Foang Tech Inc., a.k.a., For all items Presumption of 81 FR [INSERT FR the following one alias: subject to the denial. PAGE NUMBER] 6/ --Ofogh Electronics Co. EAR. (See Sec. 21/16. Flat/RM 1701-Ricky CTR, 36 744.11 of the Chowg Yip Street, Kwun EAR). Tong, Hong Kong (See alternate address under China). * * * * * * [[Page 40179]] Infinity Wise Technology For all items Presumption of 81 FR [INSERT FR Limited, 7/F One Kowloon, subject to the denial. PAGE NUMBER] 6/ 1 Wang Yuen Street, EAR. (See Sec. 21/16. Kowloon Bay, Kowloon, 744.11 of the Hong Kong; and Room 1213 EAR). Chui King House, Choi Hung Estate, Kowloon, Hong Kong (See alternate addresses under Taiwan). * * * * * * Panda Semiconductor, Room For all items Presumption of 81 FR [INSERT FR 2, Unit A 14/F Shun on subject to the denial. PAGE NUMBER] 6/ Commercial building, 112- EAR. (See Sec. 21/16. 114 Des Voeux Road, 744.11 of the Central, Hong Kong. EAR). Pinky Trading Co., Ltd., For all items Presumption of 81 FR [INSERT FR 338 Queen's Road, subject to the denial. PAGE NUMBER] 6/ Central, Hong Kong. EAR. (See Sec. 21/16. 744.11 of the EAR). * * * * * * Well Smart (HK) For all items Presumption of 81 FR [INSERT FR Technology, Room 604, subject to the denial. PAGE NUMBER] 6/ Kalok Building, 720 EAR. (See Sec. 21/16. Nathan Road, Kowloon, 744.11 of the Hong Kong. EAR). Wise Smart (HK) For all items Presumption of 81 FR [INSERT FR Electronics Limited, Room subject to the denial. PAGE NUMBER] 6/ 1213, Chui King House, EAR. (See Sec. 21/16. Choi Hung Estate, 744.11 of the Kowloon, Hong Kong. EAR). * * * * * * * IRAN * * * * * * Mehrdad Rueen Foomanie, For all items Presumption of 81 FR [INSERT FR a.k.a., the following subject to the denial. PAGE NUMBER] 6/ four aliases: EAR. (See Sec. 21/16. --Frank Foomanie; 744.11 of the --Mark Foomanie; EAR). --Mark Averin; and --Max Xian. No. 35 Abaas Abaad Street, Daryosh Street Andesheh 2 Street (Hamid Qods), Iran--Tehran; and Sohrivardi Shomali Street, Andesheh 2 Street, after Daryoush Crossroad, No. 35, Floor 5, No. 8, Tehran, Iran. * * * * * * Morvarid Sanat Co. Ltd., For all items Presumption of 81 FR [INSERT FR Sohrivardi Shomah Street, subject to the denial. PAGE NUMBER] 6/ Andesheh 2 Street, after EAR. (See Sec. 21/16. Daryosh Crossroad, No. 35 744.11 of the Floor 5, No. 8, Tehran, EAR). Iran. Morvarid Shargh Co. Ltd., For all items Presumption of 81 FR [INSERT FR Sohrivardi Street No. 35, subject to the denial. PAGE NUMBER] 6/ Tehran, Iran. EAR. (See Sec. 21/16. 744.11 of the EAR). * * * * * * Sazgan Ertebat Co. Ltd., For all items Presumption of 81 FR [INSERT FR a.k.a., the following one subject to the denial. PAGE NUMBER] 6/ alias: EAR. (See Sec. 21/16. --Sazgan Ertebat Poya Co. 744.11 of the Ltd. EAR). No. 40-Hoveizeh St. Sohrevardi St., Tehran, Iran; and P.O. Box 16315- 194 Zip: 1559934314. * * * * * * * ISRAEL A. Leib Ltd.; HA'Assif 19, For all items Presumption of 81 FR [INSERT FR Binyamina, Israel. subject to the denial. PAGE NUMBER] 6/ EAR. (See Sec. 21/16. 744.11 of the EAR). AVS (Armored Vehicle For all items Presumption of 81 FR [INSERT FR Spares), a.k.a., the subject to the denial. PAGE NUMBER] 6/ following one alias: EAR. (See Sec. 21/16. --Armored Vehicle Service. 744.11 of the 42 Hamesilla Street, EAR). Binyamina, Israel. * * * * * * [[Page 40180]] Eliyahu Cohen, a.k.a., the For all items Presumption of 81 FR [INSERT FR following six aliases: subject to the denial. PAGE NUMBER] 6/ --Arie Cohen; EAR. (See Sec. 21/16. --Eli Cohen; 744.11 of the --Eliyahu Ari Cohen; EAR). --Eliyahu Arie Cohen; --Eric Cohen; and --Ari Kohan. Binyamina, Israel. M&P Trading Inc., P.O. Box For all items Presumption of 81 FR [INSERT FR 161, Caesarea, Israel subject to the denial. PAGE NUMBER] 6/ 3088903. EAR. (See Sec. 21/16. 744.11 of the EAR). * * * * * * P.AD Ltd., 42 Hamesilla For all items Presumption of 81 FR [INSERT FR Street, Binyamina, subject to the denial. PAGE NUMBER] 6/ Israel. EAR. (See Sec. 21/16. 744.11 of the EAR). QPS Ltd., a.k.a., the For all items Presumption of 81 FR [INSERT FR following two aliases: subject to the denial. PAGE NUMBER] 6/ --Quality Parts and EAR. (See Sec. 21/16. Spares; and 744.11 of the --Quality Parts and EAR). Services. 5 Ner Halayla Street, Caesarea, Israel; and 42 Hamesilla Street, Railway Industrial Area, Binyamina, Israel. RSP Ltd., a.k.a., the For all items Presumption of 81 FR [INSERT FR following one alias: subject to the denial. PAGE NUMBER] 6/ --Rebuilt Spare Parts. EAR. (See Sec. 21/16. HA'Assif 19, Binyamina, 744.11 of the Israel 30550. EAR). Wheels Incorporated, For all items Presumption of 81 FR [INSERT FR HA'Assif 43, Binyamina, subject to the denial. PAGE NUMBER] 6/ Israel 30551 (See EAR. (See Sec. 21/16. alternate address under 744.11 of the Panama). EAR). * * * * * * * PANAMA * * * * * * Wheels Incorporated, P.O. For all items Presumption of 81 FR [INSERT FR Box 6--2875, El Dorado, subject to the denial. PAGE NUMBER] 6/ Panama (See alternate EAR. (See Sec. 21/16. address under Israel). 744.11 of the EAR). * * * * * * * TAIWAN * * * * * * Enrich Ever Technologies For all items Presumption of 81 FR [INSERT FR Co., Ltd., a.k.a., the subject to the denial. PAGE NUMBER] 6/ following one alias: EAR. (See Sec. 21/16. --Enrich Ever Technologies 744.11 of the Co., 9F No. 38 Ming-Fu EAR). 13th Street, Taoyuan, Taiwan; and 8F, No. 431, Da-You Road, Taoyuan, Taiwan. Hivocal Technology For all items Presumption of 81 FR [INSERT FR Company, Ltd., 10F, No. subject to the denial. PAGE NUMBER] 6/ 736, Jhongjheng Road, EAR. (See Sec. 21/16. Jhonghe City, Taipei 744.11 of the County 235, Taiwan. EAR). * * * * * * Infinity Wise Technology For all items Presumption of 81 FR [INSERT FR Limited, Flat/RMA 6/F, subject to the denial. PAGE NUMBER] 6/ Man Wing Building 503-507 EAR. (See Sec. 21/16. Nathan Road Yaumate 1, 744.11 of the Taiwan; and 8F, No. 431, EAR). Da-You Road Taoyuan, Taiwan (See alternate addresses under Hong Kong). * * * * * * Kuang-Su Corporation, 8F, For all items Presumption of 81 FR [INSERT FR No. 431, Da-You Road, subject to the denial. PAGE NUMBER] 6/ Taoyuan, Taiwan. EAR. (See Sec. 21/16. 744.11 of the EAR). * * * * * * * UNITED ARAB EMIRATES * * * * * * Global Merchant General For all items Presumption of 81 FR [INSERT FR Trading LLC, P.O. Box subject to the denial. PAGE NUMBER] 6/ 39960, Dubai, U.A.E. EAR. (See Sec. 21/16. 744.11 of the EAR). * * * * * * [[Page 40181]] Gulf Gate Sea Cargo LLC, For all items Presumption of 81 FR [INSERT FR No. 508, Bldg P-114, subject to the denial. PAGE NUMBER] 6/ Almaktoum Road, Deirah, EAR. (See Sec. 21/16. Dubai, United Arab 744.11 of the Emirates; and P.O. Box EAR). 39948, Dubai, U.A.E. Gulf Gate Shipping Co. For all items Presumption of 81 FR [INSERT FR LLC, No. 508, Bldg P-114, subject to the denial. PAGE NUMBER] 6/ Almaktoum Road, Deirah, EAR. (See Sec. 21/16. Dubai, United Arab 744.11 of the Emirates; and P.O. Box EAR). 39948, Dubai, U.A.E. * * * * * * Mehrdad Moeinansari, For all items Presumption of 81 FR [INSERT FR a.k.a., the following one subject to the denial. PAGE NUMBER] 6/ alias: EAR. (See Sec. 21/16. --Mehrdad Ansari. No 7101, 744.11 of the Index Tower DIFC, Dubai, EAR). U.A.E.; and No 508, Sheikha Maryam Bldg., Deirah, Dubai, U.A.E. 39948. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Dated: June 9, 2016. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2016-14515 Filed 6-20-16; 8:45 am] BILLING CODE 3510-33-P
![40174 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations
Country Listed person and address Federal Register citation and date of publication
* * * * * * *
Establishment Standard Lab FZE, a.k.a. Standard Lab 81 FR [INSERT Federal Register PAGE NUMBER, 6/
FZE, Ras Al Khaimah Free Trade Zone Business 21/16].
Park, Ras Al Khaimah, UAE; and P.O. Box 17049,
Ras Al Khaimah, UAE.
* * * * * * *
Marinatec, Office 2008, Grosvenor Commercial Tower, 81 FR [INSERT Federal Register PAGE NUMBER, 6/
Sheikh Zayed Road, Dubai, UAE; and P.O. Box 21/16].
42236, 17A Radisson Plaza, Deira, Dubai, UAE.
Middle East Oilfield Equipment, 723 Sama Tower, 6/F, 81 FR [INSERT Federal Register PAGE NUMBER, 6/
near Fairmont Hotel, Sheikh Zayed Road, P.O. Box 21/16].
4404, Dubai, UAE; and 217 Twin Towers, Baniyas
Road, P.O. Box 4404, Deira, Dubai, UAE; and Flat
102, Mohammed Zainal Faraidooni Building,
Salahuddin Road, Dubai, UAE.
* * * * * * *
Tek Work General Trading, 1902 Metropolis Business 81 FR [INSERT Federal Register PAGE NUMBER, 6/
Tower, P.O. Box 12865, Business Bay, Dubai, UAE. 21/16].
* * * * * * *
Dated: June 15, 2016. section of the EAR used for requesting The ERC, composed of representatives
Matthew S. Borman, removal or modification of an Entity of the Departments of Commerce
Deputy Assistant Secretary for Export List entity and the End-User Review (Chair), State, Defense, Energy and,
Administration. Committee’s (ERC) review of the where appropriate, the Treasury, makes
[FR Doc. 2016–14514 Filed 6–20–16; 8:45 am] information provided in the removal all decisions regarding additions to,
BILLING CODE 3510–33–P requests. removals from, or other modifications to
the Entity List. The ERC makes all
DATES: This rule is effective June 21,
decisions to add an entry to the Entity
2016.
DEPARTMENT OF COMMERCE List by majority vote and all decisions
FOR FURTHER INFORMATION CONTACT: to remove or modify an entry by
Bureau of Industry and Security Chair, End-User Review Committee, unanimous vote.
Office of the Assistant Secretary, Export
ERC Entity List Decisions
15 CFR Part 744 Administration, Bureau of Industry and
[Docket No. 160415341–6341–01] Security, Department of Commerce, Additions to the Entity List
Phone: (202) 482–5991, Fax: (202) 482– This rule implements the decision of
RIN 0694–AG94 3911, Email: ERC@bis.doc.gov. the ERC to add twenty-eight persons
Addition of Certain Persons and SUPPLEMENTARY INFORMATION: under thirty-one entries to the Entity
Removal of Certain Persons From the List. These twenty-eight persons are
Background
Entity List being added on the basis of § 744.11
The Entity List (Supplement No. 4 to (License requirements that apply to
AGENCY: Bureau of Industry and part 744) identifies entities and other entities acting contrary to the national
Security, Commerce. persons reasonably believed to be security or foreign policy interests of the
ACTION: Final rule. involved, or to pose a significant risk of United States) of the EAR. The thirty-
being or becoming involved, in one entries added to the entity list
SUMMARY: This final rule amends the activities contrary to the national consist of one entry in Afghanistan, one
Export Administration Regulations security or foreign policy interests of the entry in Austria, two entries in China,
(EAR) by adding twenty-eight persons United States. The EAR imposes six entries in Hong Kong, four entries in
under thirty-one entries to the Entity additional license requirements on, and Iran, eight entries in Israel, one entry in
List. The twenty-eight persons who are limits the availability of most license Panama, four entries in Taiwan, and
added to the Entity List have been exceptions for, exports, reexports, and four entries in the U.A.E. There are
determined by the U.S. Government to transfers (in-country) to those listed. thirty-one entries for the twenty-eight
be acting contrary to the national The ‘‘license review policy’’ for each persons because three persons are listed
security or foreign policy interests of the listed entity or other person is identified in multiple locations, resulting in three
United States. These twenty-eight in the License Review Policy column on additional entries.
persons will be listed on the Entity List the Entity List and the impact on the The ERC reviewed § 744.11(b)
under the destinations of Afghanistan, availability of license exceptions is (Criteria for revising the Entity List) in
Austria, China, Hong Kong, Iran, Israel, described in the Federal Register notice making the determination to add these
Panama, Taiwan, and the United Arab adding entities or other persons to the twenty-eight persons under thirty-one
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Emirates (U.A.E.). Entity List. BIS places entities and other entries to the Entity List. Under that
This final rule also removes three persons on the Entity List pursuant to paragraph, persons and those acting on
entities from the Entity List under the sections of part 744 (Control Policy: behalf of such persons may be added to
destinations of Finland, Pakistan and End-User and End-Use Based) and part the Entity List if there is reasonable
Turkey as the result of requests for 746 (Embargoes and Other Special cause to believe, based on specific and
removal received by BIS pursuant to the Controls) of the EAR. articulable facts, that they have been
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![40178 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations
Accordingly, part 744 of the Export Notice of September 18, 2015, 80 FR 57281 ■ f. By adding under Iran, in
Administration Regulations (15 CFR (September 22, 2015); Notice of November alphabetical order, four Iranian entities;
parts 730 through 774) is amended as 12, 2015, 80 FR 70667 (November 13, 2015);
Notice of January 20, 2016, 81 FR 3937 ■ g. By adding under Israel, in
follows: (January 22, 2016). alphabetical order, eight Israeli entities;
PART 744—[AMENDED] ■ 2. Supplement No. 4 to part 744 is ■ h. By removing under Pakistan, one
amended: Pakistani entity, ‘‘Rayyan Air Pvt Ltd.’’;
■ 1. The authority citation for 15 CFR ■ a. By adding under Afghanistan, in ■ i. By adding under Panama, in
part 744 continues to read as follows: alphabetical order, one Afghani entity; alphabetical order, one Panamanian
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. ■ b. By adding in alphabetical order, an entity;
1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. entry for Austria and one Austrian
2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; ■ j. By adding under Taiwan, in
entity;
E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., ■ c. By adding under China, People’s alphabetical order, four Taiwanese
p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Republic of, in alphabetical order, two entities;
Comp., p. 608; E.O. 12938, 59 FR 59099, 3 Chinese entities; ■ k. By removing under Turkey, one
CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR
■ d. By removing under Finland, the Turkish entity, ‘‘AAG Makina’’; and
5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
Finnish entity, ‘‘Olkebor Oy/Nurminen
■ l. By adding under United Arab
13099, 63 FR 45167, 3 CFR, 1998 Comp., p. Oy’’ and adding in its place the Finnish
entity, ‘‘Olkebor Oy’’; Emirates, in alphabetical order, four
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Emirati entities.
Comp., p. 783; E.O. 13224, 66 FR 49079, 3 ■ e. By adding under Hong Kong, in
CFR, 2001 Comp., p. 786; Notice of August alphabetical order, six Hong Kong The additions and revisions read as
7, 2015, 80 FR 48233 (August 11, 2015); entities; follows:
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST
Country Entity License requirement License review policy Federal Register citation
AFGHANISTAN * * * * * *
Gulf Gate Sea Cargo LLC, Gulzaad For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
Market Building, 4th Floor, Room the EAR. (See § 744.11 NUMBER] 6/21/16.
2, Kabul, Afghanistan. of the EAR).
* * * * * * *
AUSTRIA Gulf Gate Spedition GmbH, A–1040 For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
Argentinierstrasse 35/6, Vienna, the EAR. (See § 744.11 NUMBER] 6/21/16.
Austria. of the EAR).
* * * * * * *
CHINA, PEOPLE’S * * * * * *
REPUBLIC OF
Foang Tech Inc., a.k.a., the following For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
one alias: the EAR. (See § 744.11 NUMBER] 6/21/16.
—Ofogh Electronics Co. of the EAR).
52F, Shun Hing Square, Unit 1–8 Di
Wang Commercial Center,
Shenzhen, China (See alternate
address under Hong Kong).
* * * * * *
Ninehead Bird Semiconductor, RM For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
15, Jufu Ge, Caifu Bld, Caitian the EAR. (See § 744.11 NUMBER] 6/21/16.
Road, Futian Qu, Shenzhen, of the EAR).
Guangdong, 518033, China.
* * * * * * *
FINLAND * * * * * *
Olkebor Oy, 231B Vanha For all items subject to Presumption of denial ...... 77 FR 61256, 10/9/12. 78
Porvoontie, Vantaa, Finland the EAR. (See § 744.11 FR 3319, 1/16/13. 81
01380. of the EAR). FR [INSERT FR PAGE
NUMBER] 6/21/16.
* * * * * * *
HONG KONG * * * * * *
Foang Tech Inc., a.k.a., the following For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
one alias: the EAR. (See § 744.11 NUMBER] 6/21/16.
—Ofogh Electronics Co. of the EAR).
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Flat/RM 1701–Ricky CTR, 36 Chowg
Yip Street, Kwun Tong, Hong
Kong (See alternate address
under China).
* * * * * *
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![Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations 40179
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued
Country Entity License requirement License review policy Federal Register citation
Infinity Wise Technology Limited, 7/F For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
One Kowloon, 1 Wang Yuen the EAR. (See § 744.11 NUMBER] 6/21/16.
Street, Kowloon Bay, Kowloon, of the EAR).
Hong Kong; and Room 1213 Chui
King House, Choi Hung Estate,
Kowloon, Hong Kong
(See alternate addresses under Tai-
wan).
* * * * * *
Panda Semiconductor, Room 2, Unit For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
A 14/F Shun on Commercial build- the EAR. (See § 744.11 NUMBER] 6/21/16.
ing, 112–114 Des Voeux Road, of the EAR).
Central, Hong Kong.
Pinky Trading Co., Ltd., 338 For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
Queen’s Road, Central, Hong the EAR. (See § 744.11 NUMBER] 6/21/16.
Kong. of the EAR).
* * * * * *
Well Smart (HK) Technology, Room For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
604, Kalok Building, 720 Nathan the EAR. (See § 744.11 NUMBER] 6/21/16.
Road, Kowloon, Hong Kong. of the EAR).
Wise Smart (HK) Electronics Lim- For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
ited, Room 1213, Chui King the EAR. (See § 744.11 NUMBER] 6/21/16.
House, Choi Hung Estate, of the EAR).
Kowloon, Hong Kong.
* * * * * * *
IRAN * * * * * *
Mehrdad Rueen Foomanie, a.k.a., For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
the following four aliases: the EAR. (See § 744.11 NUMBER] 6/21/16.
—Frank Foomanie; of the EAR).
—Mark Foomanie;
—Mark Averin; and
—Max Xian.
No. 35 Abaas Abaad Street,
Daryosh Street Andesheh 2 Street
(Hamid Qods), Iran—Tehran; and
Sohrivardi Shomali Street,
Andesheh 2 Street, after Daryoush
Crossroad, No. 35, Floor 5, No. 8,
Tehran, Iran.
* * * * * *
Morvarid Sanat Co. Ltd., Sohrivardi For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
Shomah Street, Andesheh 2 the EAR. (See § 744.11 NUMBER] 6/21/16.
Street, after Daryosh Crossroad, of the EAR).
No. 35 Floor 5, No. 8, Tehran,
Iran.
Morvarid Shargh Co. Ltd., Sohrivardi For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
Street No. 35, Tehran, Iran. the EAR. (See § 744.11 NUMBER] 6/21/16.
of the EAR).
* * * * * *
Sazgan Ertebat Co. Ltd., a.k.a., the For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
following one alias: the EAR. (See § 744.11 NUMBER] 6/21/16.
—Sazgan Ertebat Poya Co. Ltd. of the EAR).
No. 40-Hoveizeh St. Sohrevardi St.,
Tehran, Iran; and P.O. Box
16315–194 Zip: 1559934314.
* * * * * * *
ISRAEL A. Leib Ltd.; HA’Assif 19, Binyamina, For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
Israel. the EAR. (See § 744.11 NUMBER] 6/21/16.
of the EAR).
AVS (Armored Vehicle Spares), For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
a.k.a., the following one alias: the EAR. (See § 744.11 NUMBER] 6/21/16.
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—Armored Vehicle Service. of the EAR).
42 Hamesilla Street, Binyamina,
Israel.
* * * * * *
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![40180 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued
Country Entity License requirement License review policy Federal Register citation
Eliyahu Cohen, a.k.a., the following For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
six aliases: the EAR. (See § 744.11 NUMBER] 6/21/16.
—Arie Cohen; of the EAR).
—Eli Cohen;
—Eliyahu Ari Cohen;
—Eliyahu Arie Cohen;
—Eric Cohen; and
—Ari Kohan.
Binyamina, Israel.
M&P Trading Inc., P.O. Box 161, For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
Caesarea, Israel 3088903. the EAR. (See § 744.11 NUMBER] 6/21/16.
of the EAR).
* * * * * *
P.AD Ltd., 42 Hamesilla Street, For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
Binyamina, Israel. the EAR. (See § 744.11 NUMBER] 6/21/16.
of the EAR).
QPS Ltd., a.k.a., the following two For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
aliases: the EAR. (See § 744.11 NUMBER] 6/21/16.
—Quality Parts and Spares; and of the EAR).
—Quality Parts and Services.
5 Ner Halayla Street, Caesarea,
Israel; and 42 Hamesilla Street,
Railway Industrial Area,
Binyamina, Israel.
RSP Ltd., a.k.a., the following one For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
alias: the EAR. (See § 744.11 NUMBER] 6/21/16.
—Rebuilt Spare Parts. of the EAR).
HA’Assif 19, Binyamina, Israel
30550.
Wheels Incorporated, HA’Assif 43, For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
Binyamina, Israel 30551 (See al- the EAR. (See § 744.11 NUMBER] 6/21/16.
ternate address under Panama). of the EAR).
* * * * * * *
PANAMA * * * * * *
Wheels Incorporated, P.O. Box 6— For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
2875, El Dorado, Panama (See al- the EAR. (See § 744.11 NUMBER] 6/21/16.
ternate address under Israel). of the EAR).
* * * * * * *
TAIWAN * * * * * *
Enrich Ever Technologies Co., Ltd., For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
a.k.a., the following one alias: the EAR. (See § 744.11 NUMBER] 6/21/16.
—Enrich Ever Technologies Co., 9F of the EAR).
No. 38 Ming-Fu 13th Street,
Taoyuan, Taiwan; and 8F, No.
431, Da-You Road, Taoyuan, Tai-
wan.
Hivocal Technology Company, Ltd., For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
10F, No. 736, Jhongjheng Road, the EAR. (See § 744.11 NUMBER] 6/21/16.
Jhonghe City, Taipei County 235, of the EAR).
Taiwan.
* * * * * *
Infinity Wise Technology Limited, For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
Flat/RMA 6/F, Man Wing Building the EAR. (See § 744.11 NUMBER] 6/21/16.
503–507 Nathan Road Yaumate of the EAR).
1, Taiwan; and 8F, No. 431, Da-
You Road Taoyuan, Taiwan (See
alternate addresses under Hong
Kong).
* * * * * *
Kuang-Su Corporation, 8F, No. 431, For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
Da-You Road, Taoyuan, Taiwan. the EAR. (See § 744.11 NUMBER] 6/21/16.
of the EAR).
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* * * * * * *
UNITED ARAB * * * * * *
EMIRATES
Global Merchant General Trading For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
LLC, P.O. Box 39960, Dubai, the EAR. (See § 744.11 NUMBER] 6/21/16.
U.A.E. of the EAR).
* * * * * *
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![Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations 40181
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued
Country Entity License requirement License review policy Federal Register citation
Gulf Gate Sea Cargo LLC, No. 508, For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
Bldg P–114, Almaktoum Road, the EAR. (See § 744.11 NUMBER] 6/21/16.
Deirah, Dubai, United Arab Emir- of the EAR).
ates; and P.O. Box 39948, Dubai,
U.A.E.
Gulf Gate Shipping Co. LLC, No. For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
508, Bldg P–114, Almaktoum the EAR. (See § 744.11 NUMBER] 6/21/16.
Road, Deirah, Dubai, United Arab of the EAR).
Emirates; and P.O. Box 39948,
Dubai, U.A.E.
* * * * * *
Mehrdad Moeinansari, a.k.a., the fol- For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
lowing one alias: the EAR. (See § 744.11 NUMBER] 6/21/16.
—Mehrdad Ansari. No 7101, Index of the EAR).
Tower DIFC, Dubai, U.A.E.; and
No 508, Sheikha Maryam Bldg.,
Deirah, Dubai, U.A.E. 39948.
* * * * * * *
Dated: June 9, 2016. Radiological Health, Food and Drug within 30 days of receiving an order
Kevin J. Wolf, Administration, 10903 New Hampshire classifying the device into class III
Assistant Secretary for Export Ave., Bldg. 66, Rm. G116, Silver Spring, under section 513(f)(1) of the FD&C Act,
Administration. MD 20993–0002, 301–796–6538, the person requests a classification
[FR Doc. 2016–14515 Filed 6–20–16; 8:45 am] veronica.price@fda.hhs.gov. under section 513(f)(2). Under the
BILLING CODE 3510–33–P SUPPLEMENTARY INFORMATION: second procedure, rather than first
submitting a premarket notification
I. Background under section 510(k) of the FD&C Act
DEPARTMENT OF HEALTH AND In accordance with section 513(f)(1) of and then a request for classification
HUMAN SERVICES the Federal Food, Drug, and Cosmetic under the first procedure, the person
Act (the FD&C Act) (21 U.S.C. determines that there is no legally
Food and Drug Administration 360c(f)(1)), devices that were not in marketed device upon which to base a
commercial distribution before May 28, determination of substantial
21 CFR Part 884 1976 (the date of enactment of the equivalence and requests a classification
Medical Device Amendments of 1976), under section 513(f)(2) of the FD&C Act.
[Docket No. FDA–2016–N–1318]
generally referred to as postamendments If the person submits a request to
Medical Devices; Obstetrical and devices, are classified automatically by classify the device under this second
Gynecological Devices; Classification statute into class III without any FDA procedure, FDA may decline to
of the Gynecologic Laparoscopic rulemaking process. These devices undertake the classification request if
Power Morcellation Containment remain in class III and require FDA identifies a legally marketed device
System premarket approval, unless and until that could provide a reasonable basis for
the device is classified or reclassified review of substantial equivalence with
AGENCY: Food and Drug Administration, into class I or II, or FDA issues an order the device or if FDA determines that the
HHS. finding the device to be substantially device submitted is not of ‘‘low-
ACTION: Final order. equivalent, in accordance with section moderate risk’’ or that general controls
513(i) of the FD&C Act, to a predicate would be inadequate to control the risks
SUMMARY: The Food and Drug device that does not require premarket
Administration (FDA) is classifying the and special controls to mitigate the risks
approval. The Agency determines cannot be developed.
gynecologic laparoscopic power whether new devices are substantially In response to a request to classify a
morcellation containment system into equivalent to predicate devices by device under either procedure provided
class II (special controls). The special means of premarket notification by section 513(f)(2) of the FD&C Act,
controls that will apply to the device are procedures in section 510(k) of the FDA will classify the device by written
identified in this order and will be part FD&C Act (21 U.S.C. 360(k)) and part order within 120 days. This
of the codified language for the 807 (21 CFR part 807) of the regulations. classification will be the initial
gynecologic laparoscopic power Section 513(f)(2) of the FD&C Act, as classification of the device.
morcellation containment system’s amended by section 607 of the Food and On June 19, 2015, Advanced Surgical
classification. The Agency is classifying Drug Administration Safety and Concepts submitted a request for
the device into class II (special controls) Innovation Act (Pub. L. 112–144), classification of the PneumoLiner
in order to provide a reasonable provides two procedures by which a device under section 513(f)(2) of the
assurance of safety and effectiveness of
rmajette on DSK2TPTVN1PROD with RULES
person may request FDA to classify a FD&C Act. The manufacturer
the device. device under the criteria set forth in recommended that the device be
DATES: This order is effective June 21, section 513(a)(1). Under the first classified into class II (Ref. 1).
2016. The classification was applicable procedure, the person submits a In accordance with section 513(f)(2) of
on April 7, 2016. premarket notification under section the FD&C Act, FDA reviewed the
FOR FURTHER INFORMATION CONTACT: 510(k) of the FD&C Act for a device that request in order to classify the device
Veronica Price, Center for Devices and has not previously been classified and, under the criteria for classification set
VerDate Sep<11>2014 18:29 Jun 20, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\21JNR1.SGM 21JNR1](https://thefederalregister.org/doc/81_FR_40293/page/8.svg)
Document Created: 2016-06-21 01:30:41
Document Modified: 2016-06-21 01:30:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective June 21, 2016. | |
| Contact | Chair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, Email: [email protected] | |
| FR Citation | 81 FR 40174 | |
| RIN Number | 0694-AG94 | |
| CFR Associated | Exports; Reporting and Recordkeeping Requirements and Terrorism |
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