81 FR 90712 - Addition of Certain Persons to the Entity List
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 81, Issue 241 (December 15, 2016)
Bureau of Industry and Security
Federal Register Volume 81, Issue 241 (December 15, 2016)
| Page Range | 90712-90715 | |
| FR Document | 2016-30061 |
[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)] [Rules and Regulations] [Pages 90712-90715] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30061] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 161110999-6999-01] RIN 0694-AH21 Addition of Certain Persons to 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 seven persons to the Entity List. The seven persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These seven persons will be listed on the Entity List under the destination of Pakistan. DATES: This rule is effective December 15, 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, Email: ERC@bis.doc.gov. SUPPLEMENTARY INFORMATION: Background The Entity List (Supplement No. 4 to part 744) identifies entities and other [[Page 90713]] persons reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. The EAR imposes additional license requirements on, and limits the availability, of most license exceptions for, exports, reexports, and transfers (in-country) to those listed. The ``license review policy'' for each listed entity or other person is identified in the License Review Policy column on the Entity List and the impact on the availability of license exceptions is described in the Federal Register notice adding entities or other persons to the Entity List. BIS places entities and other persons on the Entity List pursuant to sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR. The ERC, composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List. The ERC makes all decisions to add an entry to the Entity List by majority vote and all decisions to remove or modify an entry by unanimous vote. ERC Entity List Decisions Additions to the Entity List This rule implements the decision of the ERC to add seven persons to the Entity List. These seven 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 seven entries added to the entity list consist of seven entries in Pakistan. The ERC reviewed Sec. 744.11(b) (Criteria for revising the Entity List) in making the determination to add these seven persons 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 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) of the EAR, the ERC determined that seven persons, located in the destination of Pakistan, 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 Ahad International; Engineering Solutions Pvt. Ltd.; National Engineering and Scientific Commission (NESCOM); three NESCOM subsidiaries: Air Weapons Complex (AWC), Maritime Technology Complex (MTC) and New Auto Engineering (NAE); and Universal Tooling Services, have been involved in actions contrary to the national security or foreign policy interests of the United States. These government, parastatal, and private entities in Pakistan are determined to be involved in activities that are contrary to the national security and/ or foreign policy of the United States. Pursuant to Sec. 744.11(b) of the EAR, the ERC determined that the conduct of these seven persons raises sufficient concern that prior review of exports, reexports or transfers (in-country) of items subject to the EAR involving these persons, and the possible imposition of license conditions or license denials on shipments to the persons, will enhance BIS's ability to prevent violations of the EAR. Therefore, these seven persons are being added to the Entity List. For the seven persons 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 seven persons to the Entity List: Pakistan (1) Ahad International, Suite #5-6, 2nd Floor, Empress Tower, Empress Road, Lahore-54000, Pakistan; and 11-12-13, 2nd Floor, Nomro Center, Badami Bagh, Lahore, Pakistan; (2) Air Weapons Complex (AWC), AWC: E-5, Officers Colony, Wah Cantt, Punjab, Pakistan; (3) Engineering Solutions Pvt. Ltd., 726, G-11/2. Ibne-Sina Road, Islamabad, Pakistan; (4) Maritime Technology Complex (MTC), MTC: Plot 94, Karachi, Pakistan; and MTC: System Division, PN Dockyard, Karachi, Pakistan; (5) National Engineering and Scientific Commission (NESCOM), NESCOM Head Quarter, Plot #94, Sector H-11/4, Islamabad, Pakistan; (6) New Auto Engineering (NAE), NAE: 72, Industrial Area, Peshawar Road, Rawalpindi, Pakistan; and (7) Universal Tooling Services, a.k.a., the following three aliases: --Forward Design and Manufacturing; --MSM Enterprises; and --Technopak Engineering. Deen Plaza, 68/62, Adamjee Road, Saddar P.O. Box 1640, GPO Rawalpindi, Pakistan; and G-7, Nimra Centre 7, Badami Bagh, Lahore, Pakistan; and 31/B Faisal Town, Lahore, Punjab, Pakistan; and Model Town, HMC Road, Taxila, Pakistan. 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 December 15, 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 4, 2016, 81 FR 52587 (August 8, 2016), 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 [[Page 90714]] 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 Jasmeet_K._Seehra@omb.eop.gov, 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. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public comment and a delay in effective date are inapplicable to this rule 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. List of Subjects in 15 CFR Part 744 Exports, Reporting and recordkeeping requirements, Terrorism. Accordingly, part 744 of the Export Administration Regulations (15 CFR parts 730 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 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); Notice of August 4, 2016, 81 FR 52587 (August 8, 2016). 0 2. Supplement No. 4 to part 744 is amended by adding under Pakistan, in alphabetical order, seven Pakistani entities to read as follows: Supplement No. 4 to Part 744--Entity List ---------------------------------------------------------------------------------------------------------------- License review Federal Register Country Entity License requirement policy citation ---------------------------------------------------------------------------------------------------------------- * * * * * * * PAKISTAN * * * * * * Ahad International, For all items Presumption of 81 FR [INSERT FR Suite #5-6, 2nd subject to the EAR. denial. PAGE NUMBER], 12/ Floor, Empress (See Sec. 744.11 15/16. Tower, Empress of the EAR). Road, Lahore-54000, Pakistan; and. 11-12-13, 2nd Floor, Nomro Center, Badami Bagh, Lahore, Pakistan. Air Weapons Complex For all items Presumption of 81 FR [INSERT FR (AWC), AWC: E-5, subject to the EAR. denial. PAGE NUMBER], 12/ Officers Colony, (See Sec. 744.11 15/16. Wah Cantt, Punjab, of the EAR). Pakistan. * * * * * * Engineering For all items Presumption of 81 FR [INSERT FR Solutions Pvt. subject to the EAR. denial. PAGE NUMBER], 12/ Ltd., 726, G-11/2. (See Sec. 744.11 15/16. Ibne-Sina Road, of the EAR). Islamabad, Pakistan. * * * * * * Maritime Technology For all items Presumption of 81 FR [INSERT FR Complex (MTC), MTC: subject to the EAR. denial. PAGE NUMBER], 12/ Plot 94, Karachi, (See Sec. 744.11 15/16. Pakistan; and MTC: of the EAR). System Division, PN Dockyard, Karachi, Pakistan. [[Page 90715]] * * * * * * National Engineering For all items Presumption of 81 FR [INSERT FR and Scientific subject to the EAR. denial. PAGE NUMBER], 12/ Commission (See Sec. 744.11 15/16. (NESCOM), NESCOM of the EAR). Head Quarter, Plot #94, Sector H-11/4, Islamabad, Pakistan. * * * * * * New Auto Engineering For all items Presumption of 81 FR [INSERT FR (NAE), NAE: 72, subject to the EAR. denial. PAGE NUMBER], 12/ Industrial Area, (See Sec. 744.11 15/16. Peshawar Road, of the EAR). Rawalpindi, Pakistan. * * * * * * Universal Tooling For all items Presumption of 81 FR [INSERT FR Services, a.k.a., subject to the EAR. denial.. PAGE NUMBER], 12/ the following three (See Sec. 744.11 15/16. aliases: of the EAR). --Forward Design and Manufacturing;. --MSM Enterprises; and. --Technopak Engineering.. Deen Plaza, 68/62, Adamjee Road, Saddar P.O. Box 1640, GPO Rawalpindi, Pakistan; and --G-7, Nimra Centre 7, Badami Bagh, Lahore, Pakistan; and 31/B Faisal Town, Lahore, Punjab, Pakistan; and Model Town, HMC Road, Taxila, Pakistan. * * * * * * * * * * * * * ---------------------------------------------------------------------------------------------------------------- Dated: December 8, 2016. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2016-30061 Filed 12-14-16; 8:45 am] BILLING CODE 3510-33-P
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persons, for any amounts owing in of Guaranteed Obligations. The cost of (iii) A determination by the Secretary
respect of the Guaranteed Obligation or such contracts may be charged to the in his discretion to undertake a
other applicable debt obligations. Borrower. deviation;
(h) In the event that the Secretary (2) A finding by the Secretary that
considers it necessary or desirable to § 609.15 Audit and access to records. such deviation supports program
protect or further the interest of the Each Loan Guarantee Agreement and objectives and the special circumstances
United States in connection with related documents shall provide that: stated in the request make such
exercise of rights as a lien holder or (a) The Eligible Lender, or DOE in deviation clearly in the best interest of
recovery of deficiencies due under the conjunction with the Federal Financing the Government; and
Guaranteed Obligation, the Secretary Bank where loans are funded by the (3) If the waiver would constitute a
may take such action as he determines Federal Financing Bank or other Holder substantial change in the financial terms
to be appropriate under the or other party servicing the Guaranteed of the Loan Guarantee Agreement and
circumstances. Obligations, as applicable, and the related documents, consultation by DOE
(i) Nothing in this part precludes, nor Borrower, shall keep such records with OMB and the Secretary of the
shall any provision of this part be concerning the Eligible Project as are Treasury.
construed to preclude, the Secretary necessary, including the Application, (b) If a deviation under this section
from purchasing any collateral or Term Sheet, Conditional Commitment, results in an increase in the applicable
Holder’s or other Person’s interest in the Loan Guarantee Agreement, Credit Credit Subsidy Cost, such increase shall
Eligible Project upon foreclosure of the Agreement, mortgage, note, be funded either by additional fees paid
collateral. disbursement requests and supporting by or on behalf of the Borrower or, if an
(j) Nothing in this part precludes, nor documentation, financial statements, appropriation is available by means of
shall any provision of this part be audit reports of independent accounting an appropriations act. The Secretary has
construed to preclude, forbearance by firms, lists of all Eligible Project assets discretion to determine how the cost of
any Holder with the consent of the and non-Eligible Project assets pledged a deviation is funded.
Secretary for the benefit of the Borrower in respect of the Guaranteed [FR Doc. 2016–30006 Filed 12–14–16; 8:45 am]
and the United States. Obligations, all off-take and other BILLING CODE 6450–01–P
(k) The Holder and the Secretary may revenue producing agreements,
agree to a formal or informal plan of documentation for all Eligible Project
reorganization in respect of the indebtedness, income tax returns, DEPARTMENT OF COMMERCE
Borrower, to include a restructuring of technology agreements, documentation
the Guaranteed Obligation and other for all permits and regulatory approvals Bureau of Industry and Security
applicable debt of the Borrower on such and all other documents and records
terms and conditions as the Secretary relating to the Borrower or the Eligible 15 CFR Part 744
determines are in the best interest of the Project, as determined by the Secretary,
United States. to facilitate an effective audit and [Docket No. 161110999–6999–01]
performance evaluation of the Eligible RIN 0694–AH21
§ 609.14 Preservation of collateral.
Project; and
(a) If the Secretary exercises his right (b) The Secretary and the Comptroller Addition of Certain Persons to the
under the Loan Guarantee Agreement to General, or their duly authorized Entity List
require the holder of pledged collateral representatives, shall have access, for
to take such actions as the Secretary AGENCY: Bureau of Industry and
the purpose of audit and examination, Security, Commerce.
(subject to any applicable Intercreditor to any pertinent books, documents,
Agreement) may reasonably require to ACTION: Final rule.
papers and records of the Borrower,
provide for the care, preservation, Eligible Lender or DOE or other Holder SUMMARY: This final rule amends the
protection, and maintenance of such or other party servicing the Guaranteed Export Administration Regulations
collateral so as to enable the United Obligation, as applicable. Such (EAR) by adding seven persons to the
States to achieve maximum recovery inspection may be made during regular Entity List. The seven persons who are
from the collateral, the Secretary shall, office hours of the Borrower, Eligible added to the Entity List have been
subject to compliance with the Lender or DOE or other Holder, or other determined by the U.S. Government to
Antideficiency Act, 31 U.S.C. 1341 et party servicing the Eligible Project and be acting contrary to the national
seq., reimburse the holder of such the Guaranteed Obligations, as security or foreign policy interests of the
collateral for reasonable and appropriate applicable, or at any other time United States. These seven persons will
expenses incurred in taking actions mutually convenient. be listed on the Entity List under the
required by the Secretary (unless
destination of Pakistan.
otherwise provided in applicable § 609.16 Deviations.
agreements). Except as provided in DATES: This rule is effective December
(a) To the extent that the requirements
§ 609.13, no party may waive or under this part are not specified by the 15, 2016.
relinquish, without the consent of the Act or other applicable statutes, DOE FOR FURTHER INFORMATION CONTACT:
Secretary, any such collateral to which may authorize deviations from the Chair, End-User Review Committee,
the United States would be subrogated requirements of this part upon: Office of the Assistant Secretary, Export
upon payment under the Loan (1) Either receipt from the Applicant, Administration, Bureau of Industry and
Guarantee Agreement. Borrower or Project Sponsor, as Security, Department of Commerce,
(b) In the event of a default, the Phone: (202) 482–5991, Email: ERC@
rmajette on DSK2TPTVN1PROD with RULES
applicable, of—
Secretary may enter into such contracts (i) A written request that the Secretary bis.doc.gov.
as he determines are required or deviate from one or more requirements; SUPPLEMENTARY INFORMATION:
appropriate, taking into account the and
term of any applicable Intercreditor (ii) A supporting statement briefly Background
Agreement, to care for, preserve, protect describing one or more justifications for The Entity List (Supplement No. 4 to
or maintain collateral pledged in respect such deviation; or part 744) identifies entities and other
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approaches that maximize net benefits term is defined in Executive Order public comment are not required to be
(including potential economic, 13132. given for this rule by 5 U.S.C. 553, or
environmental, public health and safety 4. The provisions of the by any other law, the analytical
effects, distributive impacts, and Administrative Procedure Act (5 U.S.C. requirements of the Regulatory
equity). Executive Order 13563 553) requiring notice of proposed Flexibility Act, 5 U.S.C. 601 et seq., are
emphasizes the importance of rulemaking, the opportunity for public not applicable. Accordingly, no
quantifying both costs and benefits, of comment and a delay in effective date regulatory flexibility analysis is required
reducing costs, of harmonizing rules, are inapplicable to this rule because this and none has been prepared.
and of promoting flexibility. This rule regulation involves a military or foreign
has been determined to be not affairs function of the United States. List of Subjects in 15 CFR Part 744
significant for purposes of Executive (See 5 U.S.C. 553(a)(1)). BIS implements Exports, Reporting and recordkeeping
Order 12866. this rule to protect U.S. national requirements, Terrorism.
2. Notwithstanding any other security or foreign policy interests by
provision of law, no person is required preventing items from being exported, Accordingly, part 744 of the Export
to respond to nor be subject to a penalty reexported, or transferred (in country) to Administration Regulations (15 CFR
for failure to comply with a collection the persons being added to the Entity parts 730 through 774) is amended as
of information, subject to the List. If this rule were delayed to allow follows:
requirements of the Paperwork for notice and comment and a delay in
Reduction Act of 1995 (44 U.S.C. 3501 effective date, the entities being added PART 744—[AMENDED]
et seq.) (PRA), unless that collection of to the Entity List by this action would
information displays a currently valid continue to be able to receive items ■ 1. The authority citation for 15 CFR
Office of Management and Budget without a license and to conduct part 744 continues to read as follows:
(OMB) Control Number. This regulation activities contrary to the national Authority: 50 U.S.C. 4601 et seq.; 50
involves collections previously security or foreign policy interests of the U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
approved by OMB under control United States. In addition, publishing a 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
number 0694–0088, Simplified Network proposed rule would give these parties U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
Application Processing System, which notice of the U.S. Government’s 1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
includes, among other things, license intention to place them on the Entity
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
applications and carries a burden List and would create an incentive for 12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
estimate of 43.8 minutes for a manual or these persons to either accelerate 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
electronic submission. Total burden receiving items subject to the EAR to Comp., p. 228; E.O. 13099, 63 FR 45167, 3
hours associated with the PRA and conduct activities that are contrary to CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
OMB control number 0694–0088 are not the national security or foreign policy 44025, 3 CFR, 2001 Comp., p. 783; E.O.
expected to increase as a result of this interests of the United States, and/or to 13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
rule. You may send comments regarding take steps to set up additional aliases, 786; Notice of September 18, 2015, 80 FR
the collection of information associated change addresses, and other measures to 57281 (September 22, 2015); Notice of
try to limit the impact of the listing on November 12, 2015, 80 FR 70667 (November
with this rule, including suggestions for
13, 2015); Notice of January 20, 2016, 81 FR
reducing the burden, to Jasmeet K. the Entity List once a final rule was
3937 (January 22, 2016); Notice of August 4,
Seehra, Office of Management and published. Further, no other law 2016, 81 FR 52587 (August 8, 2016).
Budget (OMB), by email to Jasmeet_K._ requires that a notice of proposed
Seehra@omb.eop.gov, or by fax to (202) rulemaking and an opportunity for ■ 2. Supplement No. 4 to part 744 is
395–7285. public comment be given for this rule. amended by adding under Pakistan, in
3. This rule does not contain policies Because a notice of proposed alphabetical order, seven Pakistani
with Federalism implications as that rulemaking and an opportunity for entities to read as follows:
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST
License License
Country Entity Federal Register citation
requirement review policy
* * * * * * *
PAKISTAN
* * * * * *
Ahad International, Suite #5–6, 2nd For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
Floor, Empress Tower, Empress the EAR. (See § 744.11 NUMBER], 12/15/16.
Road, Lahore-54000, Pakistan; and. of the EAR).
11–12–13, 2nd Floor, Nomro Center,
Badami Bagh, Lahore, Pakistan.
Air Weapons Complex (AWC), AWC: For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
E–5, Officers Colony, Wah Cantt, the EAR. (See § 744.11 NUMBER], 12/15/16.
Punjab, Pakistan. of the EAR).
* * * * * *
Engineering Solutions Pvt. Ltd., 726, For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
rmajette on DSK2TPTVN1PROD with RULES
G–11/2. Ibne-Sina Road, Islamabad, the EAR. (See § 744.11 NUMBER], 12/15/16.
Pakistan. of the EAR).
* * * * * *
Maritime Technology Complex (MTC), For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
MTC: Plot 94, Karachi, Pakistan; and the EAR. (See § 744.11 NUMBER], 12/15/16.
MTC: System Division, PN Dockyard, of the EAR).
Karachi, Pakistan.
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![Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations 90715
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued
License License
Country Entity Federal Register citation
requirement review policy
* * * * * *
National Engineering and Scientific For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
Commission (NESCOM), NESCOM the EAR. (See § 744.11 NUMBER], 12/15/16.
Head Quarter, Plot #94, Sector H– of the EAR).
11/4, Islamabad, Pakistan.
* * * * * *
New Auto Engineering (NAE), NAE: 72, For all items subject to Presumption of denial ...... 81 FR [INSERT FR PAGE
Industrial Area, Peshawar Road, Ra- the EAR. (See § 744.11 NUMBER], 12/15/16.
walpindi, Pakistan. of the EAR).
* * * * * *
Universal Tooling Services, a.k.a., the For all items subject to Presumption of denial. ..... 81 FR [INSERT FR PAGE
following three aliases: the EAR. (See § 744.11 NUMBER], 12/15/16.
—Forward Design and Manufac- of the EAR).
turing;
—MSM Enterprises; and
—Technopak Engineering.
Deen Plaza, 68/62, Adamjee Road,
Saddar P.O. Box 1640, GPO Rawal-
pindi, Pakistan; and
—G–7, Nimra Centre 7, Badami Bagh,
Lahore, Pakistan; and 31/B Faisal
Town, Lahore, Punjab, Pakistan; and
Model Town, HMC Road, Taxila,
Pakistan.
* * * * * *
* * * * * * *
Dated: December 8, 2016. Keppel, Office of General Counsel, II. Section-by-Section Analysis
Kevin J. Wolf, United States Trade Representative, Section 2004.1: In response to
Assistant Secretary for Export Anacostia Naval Annex, Building 410/ suggestions from DoJ, we have retained
Administration. Door 123, 250 Murray Lane SW., only the first sentence in subsection (c)
[FR Doc. 2016–30061 Filed 12–14–16; 8:45 am] Washington DC 20509, jkaye@ to avoid inconsistencies with the
BILLING CODE 3510–33–P ustr.eop.gov; mricker@ustr.eop.gov; foreseeable harm standard in the FOIA
mkeppel@ustr.eop.gov, or the USTR statute, 5 U.S.C. 552(a)(8).
FOIA Public Liaison at FOIA@ Section 2004.2: In response to
OFFICE OF THE UNITED STATES ustr.eop.gov or 202–395–3419. suggestions from DoJ, we added ‘‘in an
TRADE REPRESENTATIVE electronic format’’ after ‘‘for public
SUPPLEMENTARY INFORMATION:
inspection and copying’’ for consistency
15 CFR Part 2004 I. Background with the language of the FOIA statute.
[Docket Number USTR–2016–0015] Section 2004.3: In subsection (a)(3),
On September 23, 2016, USTR we combined paragraphs (i) and (ii) and
RIN 0350–AA08 published a proposed rule to revise its eliminated the requirement for
Freedom of Information Act Policies existing regulations under the FOIA. See notarization to verify identity and
and Procedures 81 FR 65586. The 60-day comment renumbered paragraph (iii) as paragraph
period ended on November 22, 2016. (ii). In subsection (b) in response to
AGENCY: Office of the United States USTR received two submissions, one suggestions from DoJ, we eliminated
Trade Representative. public comment and feedback from the paragraph (3) and clarified our
ACTION: Final rule. U.S. Department of Justice (DoJ). The suggestions for submitting a carefully
USTR rule is modeled after a template tailored FOIA request so USTR can
SUMMARY: This rule amends the Office of identify the records sought and
the United States Trade Representative’s provided by DoJ. We have carefully
considered both submissions and, in expeditiously process the request.
(USTR) regulations under the Freedom Section 2004.5: In response to
of Information Act (FOIA). The final response, we have made several
modifications to the rule, described in suggestions from DoJ, we made
rule is a comprehensive update of the clarifying changes in subsection (a) and
prior USTR implementing rule and more detail in part II. The rule is
eliminated the language about
describes in plain language how to make effective upon publication to meet the
discretionary releases in subsection (b)
a FOIA request to USTR and how the requirement that we update our FOIA
to avoid any inconsistences with the
FOIA Office processes requests for implementing regulation by December
rmajette on DSK2TPTVN1PROD with RULES
statutory foreseeable harm standard, 5
records. The FOIA rule appears in 30, 2016, found in section 3 of the FOIA U.S.C. 552(a)(8).
subpart B to part 2004. Improvement Act of 2016. See Public Section 2004.6: In response to
DATES: The final rule will become Law 114–185, 130 Stat. 544 (June 30, suggestions from DoJ, we added a
effective December 15, 2016. 2016). For convenience, the entire text reminder in subsection (a) that the
FOR FURTHER INFORMATION CONTACT: of the final rule is set out below. response time to a FOIA request is
Janice Kaye, Monique Ricker or Melissa measured in working days, not calendar
VerDate Sep<11>2014 16:50 Dec 14, 2016 Jkt 241001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\15DER1.SGM 15DER1](https://thefederalregister.org/doc/81_FR_90953/page/4.svg)
Document Created: 2016-12-15 01:11:04
Document Modified: 2016-12-15 01:11:04
| 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 December 15, 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, Email: [email protected] | |
| FR Citation | 81 FR 90712 | |
| RIN Number | 0694-AH21 | |
| CFR Associated | Exports; Reporting and Recordkeeping Requirements and Terrorism |
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