81 FR 94963 - Russian Sanctions: Addition of Certain Entities to the Entity List, and Clarification of License Review Policy
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 81, Issue 248 (December 27, 2016)
Bureau of Industry and Security
Federal Register Volume 81, Issue 248 (December 27, 2016)
| Page Range | 94963-94971 | |
| FR Document | 2016-31124 |
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)] [Rules and Regulations] [Pages 94963-94971] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31124] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 742 and 744 [Docket No. 161206999-6999-01] RIN 0694-AH25 Russian Sanctions: Addition of Certain Entities to the Entity List, and Clarification of License Review Policy AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding twenty-three entities to the Entity List. The twenty-three entities 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 [[Page 94964]] interests of the United States. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These entities will be listed on the Entity List under the destinations of Russia and the Crimea region of Ukraine. In addition to the Entity List changes described above, this final rule revises the licensing policy in three sections of the Commerce Control List (CCL)-based controls in the EAR to clarify that BIS's review of license applications for exports, reexports and transfers (in-country) to Russia will take into account and protect U.S. national security interests. DATES: This rule is effective December 27, 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: [email protected]. SUPPLEMENTARY INFORMATION: Background The Entity List (Supplement No. 4 to part 744 of the EAR) identifies entities and other persons reasonably believed to be involved in, or that pose a significant risk of being or becoming involved in, activities that are contrary to the national security or foreign policy of the United States. The EAR imposes additional licensing requirements on, and limits the availability of most license exceptions for, exports, reexports, and transfers (in-country) to those persons or entities listed on the Entity List. The license review policy for each listed entity 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 on the Entity List based on certain sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR. The End-user Review Committee (ERC) is composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy, and where appropriate, the Treasury. The ERC makes decisions to add an entry to the Entity List by majority vote and to remove or modify an entry by unanimous vote. The Departments represented on the ERC have approved these changes to the Entity List. Entity List Additions Additions to the Entity List This rule implements the decision of the ERC to add twenty-three entities to the Entity List. These twenty-three entities 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 twenty-three entries being added to the Entity List consist of two entries in the Crimea region of Ukraine, and twenty-one entries in Russia. Under Sec. 744.11(b) (Criteria for revising the Entity List) of the EAR, persons for whom there is reasonable cause to believe, based on specific and articulable facts, have been involved, are involved, or pose a significant risk of being or becoming involved in, activities that are contrary to the national security or foreign policy interests of the United States and those acting on behalf of such persons may be added to the Entity List. The entities being added to the Entity List have been determined to be involved in activities that are contrary to the national security or foreign policy interests of the United States. Specifically, in this rule, BIS adds entities to the Entity List for violating international law and fueling the conflict in eastern Ukraine. These additions ensure the efficacy of existing sanctions on Russia. The specific additions to the Entity List and related authorities are as follows: A. Entity Additions Consistent With Executive Order 13661 Fifteen entities are added based on activities that are described in Executive Order 13661 (79 FR 15533), Blocking Property of Additional Persons Contributing to the Situation in Ukraine, issued by the President on March 16, 2014. This Order expanded the scope of the national emergency declared in Executive Order 13660, finding that the actions and policies of the Government of the Russian Federation with respect to Ukraine--including the deployment of Russian military forces in the Crimea region of Ukraine--undermine democratic processes and institutions in Ukraine; threaten its peace, security, stability, sovereignty, and territorial integrity; and contribute to the misappropriation of its assets, and thereby constitute an unusual and extraordinary threat to the national security and foreign policy of the United States. Executive Order 13661 includes a directive that all property and interests in property that are in the United States, that hereafter come within the United States, or that are or thereafter come within the possession or control of any United States person (including any foreign branch) of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: Persons determined by the Secretary of the Treasury, in consultation with the Secretary of State to have either materially assisted, sponsored or provided financial, material or technological support for, or goods and services to or in support of a senior official of the government of the Russian Federation or to operate in the defense or related materiel sector in Russia. Under Section 8 of the Order, all agencies of the United States Government are directed to take all appropriate measures within their authority to carry out the provisions of the Order. BIS, pursuant to Executive Order 13661, and in consultation with the Departments of State, Defense, Energy, and the Treasury, has designated the fifteen entities specified in the next two paragraphs. Seven subsidiaries of Almaz-Antey Air Defense Concern Main System Design Bureau, JSC, an entity listed on the Entity List on September 17, 2014 (79 FR 55608), as follows: DJSC Factory Krasnoe Znamya; FSUE FNPC Nizhegorodsky Scientific Research Institute of Radiotechnics (NNIIRT); OAO All-Russia Research Institute of Radio Equipment (JSC VNIIRA); JSC GOZ Obukhov Plant; JSC Institute of Instrumentation-- Novosibirsk Plant Comintern (NPO NIIP-NZIK); OJSC Ural Production Company Vector (UPP Vector); and Scientific and Production Association ``Lianozovo Electromechanical Plant'' (NPO LEMZ). Eight subsidiaries of Joint-Stock Company Concern Radio-Electronic Technologies, an entity listed on the Entity List on July 22, 2014 (79 FR 42455), as follows: ElTom Research and Production Company; Ekran Scientific Research Institute, FSUE; JSC Scientific Research Institute of Aircraft Equipment (NIIAO); Kaluga Scientific Research Radio Technology Institute (KRRTI); Research and Production Association KVANT; Research and Production Association M.V. Frunze; Ryazan State Instrument Enterprise (RSIE); and Svyaz Design Bureau, OJSC. The fifteen entities added to the Entity List under Executive Order 13661 meet the criteria of Section 1, subparagraph B of the Order, as did the two parent entities identified above and added to the Entity List in 2014, because they operate in Russia's arms or related materiel sector. BIS adds the thirteen entities to the Entity List under this [[Page 94965]] rule, and imposes a license requirement for exports, reexports, or transfers (in-country) of all items subject to the EAR and a license review policy of presumption of denial. The license requirement applies to any transaction in which items are to be exported, reexported, or transferred (in-country) to any of the entities or in which such entities act as purchaser, intermediate consignee, ultimate consignee, or end-user. In addition, no license exceptions are available for exports, reexports, or transfers (in-country) to the persons being added to the Entity List in this rule. This license requirement implements an appropriate measure within the authority of the EAR to carry out the provisions of Executive Order 13661. B. Entity Additions Consistent With Executive Order 13685 Eight entities are added based on activities that are described in Executive Order 13685 (79 FR 77357), Blocking Property of Certain Persons and Prohibiting Certain Transactions with Respect to the Crimea Region of Ukraine, issued by the President on December 19, 2014. This Order took additional steps to address the Russian occupation of the Crimea region of Ukraine with respect to the national emergency declared in Executive Order 13660 of March 6, 2014, and expanded in Executive Order 13661 of March 16, 2014, and Executive Order 13662 of March 20, 2014. In particular, Executive Order 13685 prohibited the export, reexport, sale or supply, directly or indirectly, from the United States or by a U.S. person, wherever located, of any goods, services, or technology to the Crimea region of Ukraine. Under Section 10 of the Order, all agencies of the United States Government are directed to take all appropriate measures within their authority to carry out the provisions of the Order. The Department of the Treasury's Office of Foreign Assets Control (OFAC), pursuant to Executive Order 13685 on behalf of the Secretary of the Treasury and in consultation with the Secretary of State, has designated the following eight entities operating in the Crimea region of Ukraine: Crimean Ports; Crimean Railway; Institut Stroiproekt, AO; Karst, OOO; LLC Ruschemtrade; OLID Ltd.; Trans-Flot JSC; and Transpetrochart Co. Ltd. Four of these entities (LLC Ruschemtrade; OLID Ltd.; Trans-Flot JSC; and Transpetrochart Co. Ltd.) are also linked to OJSC Sofracht. OJSC Sovfracht was added to the Entity List on September 7, 2016 (81 FR 61601) and is an OFAC-designated Specially Designated National (SDN). In conjunction with OFAC's designation of the eight entities, BIS adds all eight of the entities to the Entity List under this rule and imposes a license requirement for exports, reexports, or transfers (in- country) of all items subject to the EAR and a license review policy of presumption of denial. The license requirement applies to any transaction in which items are to be exported, reexported, or transferred (in-country) to any of the entities or in which such entities act as purchaser, intermediate consignee, ultimate consignee, or end-user. In addition, no license exceptions are available for exports, reexports, or transfers (in-country) to the persons being added to the Entity List in this rule. This license requirement implements an appropriate measure within the authority of the EAR to carry out the provisions of Executive Order 13685. The acronyms ``a.k.a.'' (also known as) and ``f.k.a.'' (formerly known as) are used in entries on the Entity List to help exporters, reexporters and transferors to better identify listed persons on the Entity List. This final rule adds the following twenty-three entities to the Entity List: Crimea Region of Ukraine (1) Crimean Ports, a.k.a., the following three aliases: --State Unitary Enterprise of the Republic of Crimea `Crimean Ports'; --Sue RC `KMP'; and --Sue RK `Crimean Ports'. 28 Kirov Street, Kerch, Crimea Region of Ukraine 98312; and (2) Crimean Railway, a.k.a., the following three aliases: --Federal State Unitary Enterprise `Crimean Railway'; --Krymzhd; and --The Railways of Crimea. 34 Pavlenko Street, Simferopol, Crimea Region of Ukraine 95006. Russia (1) DJSC Factory Krasnoe Znamya, a.k.a., the following five aliases: --OJSC Factory Krasnoe Znamya; --OAO Zavod Krasnoe Znamya; --AO Krasnoye Znamya; --Krasnoye Znamya Plant OAO; and --Krasnoye Znamya Plant JSC. Shabulina Travel 2a, Ryazan, 390043, Russia; (2) Ekran Scientific Research Institute, FSUE, a.k.a., the following one alias: --FGUP Ekran. Kirov Avenue 24, Samara 443022, Russia; and Krzhizhanovskogo Street 20/30, Moscow, 117218, Russia; (3) ElTom Research and Production Company, a.k.a., the following one alias: --NPP ElTom. Garshin Street 11, Tomilino, Lyuberetsky, Moscow, 140070, Russia; (4) FSUE FNPC Nizhegorodsky Scientific Research Institute of Radiotechnics (NNIIRT), Shaposhnikov Street 5, Nizhny Novgorod, 603950, Russia; (5) Institut Stroiproekt, AO, a.k.a., the following six aliases: --Aktsionernoe Obshcestvo Institut Stroiproekt; --AO Institut Stroiproekt; --AO Institute Stroyproekt (f.k.a., Institut Stroiproekt Zakrytoe Aktsionernoe Obshchestvo); --Institute Stroyproect; --Stroyproekt; and --Stroyproekt Engineering Group. D. 13 Korp. 2 LiteraA Prospekt Dunaiski, St. Petersburg 196158, Russia; and 13/2 Dunaisky Prospect, St. Petersburg 196158, Russia; (6) JSC GOZ Obukhov Plant, a.k.a., the following one alias: --GOZ Obukhov Plant. Prospekt Obukhovskoi Oboroni 120, Saint Petersburg, 192012, Russia; (7) JSC Institute of Instrumentation--Novosibirsk Plant Comintern (NPO NIIP-NZIK), Planetnaya Street 32, Novosibirsk, 630015, Russia; (8) JSC Scientific Research Institute of Aircraft Equipment (NIIAO), a.k.a., the following three aliases: --SRIAE; --NIIAO; and --Aviation Instrument Scientific Research Institute. Tupoleva 18, Zhukovsky, Moscow, 140182, Russia; (9) Kaluga Scientific Research Radio Technology Institute (KRRTI), a.k.a., the following two aliases: --KNIRTI; and --KRRTI. Lenin Street 2, Zhukov, Kaluga Oblast, 249192, Russia; (10) Karst, OOO, a.k.a., the following four aliases: --Construction Holding Company Old City--Karst; --Karst Ltd.; --LLC Karst; and --Obshcestvo S Ogranichennoi Otvetstvennostyu Karst. D. 4 Litera A Pomeshchenie 69 ul. Kapitanskaya, St. Petersburg 199397, Russia; and 4 Kapitanskaya Street, Unit A, Office 69-N, St. Petersburg 199397, Russia; (11) LLC Ruschemtrade, St. Mashinostroitelnyj, 3, Rostov-on-Don 344090, Russia; and 86/1, Temryuk, Krasnodar 353500, Russia; [[Page 94966]] (12) OAO All-Russia Research Institute of Radio Equipment (JSC VNIIRA), a.k.a., the following three aliases: --OJSC VNIIRA; --OAO All-Russia Research Institute of Radio Technology; and All- Russian Scientific Research Institute of Radio Equipment. Shkipersky Protok 19, V.I. St. Petersburg, 199106, Russia; (13) OJSC Ural Production Company Vector (UPP Vector), a.k.a., the following two aliases: --JSC `SCP' Vector; and --JSC PPM Vector. Gagarin Street 28, Ekaterinburg, 620078, Russia; (14) Olid Ltd., a.k.a., the following one alias: --OOO Solid. ul Mira 4, Novorossiysk, Krasnodarskiy kray 630024, Russia; (15) Research and Production Association KVANT, a.k.a., the following one alias: --NPO Kvant. Bolshaya Saint Petersburg 73, Velikii-Novgorod 173003, Russia; (16) Research and Production Association M.V. Frunze, a.k.a., the following two aliases: --NNPO Frunze; and --NZIF. Gagarin Prospect 174, Nizhny Novgorod, 606950, Russia; (17) Ryazan State Instrument Enterprise (RSIE), a.k.a., the following two aliases: --RSIE; and --GRPZ. Seminarskaya Street 32, Ryazan, 390000, Russia; (18) Scientific and Production Association ``Lianozovo Electromechanical Plant'' (NPO LEMZ), a.k.a., the following four aliases: --JSC LEMZ R&P Corporation; --OAO Design Bureau Lianozovsky Radars Moscow; --Lianozovsky Electromechanical factory; and --OAO Design Bureau Lianozovsky Radars Moscow. Dmitrovskoye Shosse 110, Moscow, 127411, Russia; (19) Svyaz Design Bureau, OJSC, a.k.a., the following one alias: --KB Svyaz. Prospect Sokolova 96, Rostov-on-Don 344010, Russia; (20) Trans-Flot JSC, a.k.a., the following one alias: --JSC Trans-Flot. ul Ventseka 1/97, Samara 443099, Russia; and (21) Transpetrochart Co. Ltd., Prospekt Engelsa 30, St. Petersburg 194156, Russia. Changes to CB, NP and NS Licensing Policy To Reflect That Certain License Applications for CB and NP Items to Russia Will Be Reviewed in Accordance With NS Licensing Policy In addition to the Entity List changes described above, this final rule revises the licensing policy in three sections of part 742 of the EAR to clarify that BIS's review of license applications for exports, reexports and transfers (in-country) to Russia will take into account and protect U.S. national security interests. Part 742 of the EAR specifies the licensing policy for CCL based controls. The licensing policies in the respective sections of part 742 provide applicants with advance notice of the likelihood of any particular license application's approval or denial. In addition to considering the licensing policies described in these CCL based controls, BIS reviews each application on its own merits, taking into account the bona fides of the parties involved in the transaction, as well as whether the transaction would be detrimental to U.S. national security and foreign policy interests or not, and considering recent international events that may be relevant to whether the U.S. Government should approve or deny a license application. In this final rule, BIS revises the CCL based controls sections of the EAR to clarify that it will review license applications to export or reexport to Russia items subject to the EAR and controlled for chemical and biological weapons proliferation (CB), nuclear nonproliferation (NP) or national security (NS) reasons under a presumption of denial, if the items proposed for export or reexport would make a direct and significant contribution to Russia's military capabilities. This final rules revises Sec. Sec. 742.2 and 742.3 of the EAR to clarify that license applications for items controlled for CB and NP reasons will be reviewed in accordance with the revised licensing policies in paragraph (b)(4) of both Sec. Sec. 742.2 and 742.3 and with the revised licensing policy in paragraph (b)(7) of Sec. 742.4 of the EAR. This rule revises Sec. 742.4(b)(7) of the EAR to clarify that license applications for items controlled for NS reasons will be reviewed under a presumption of denial if the items would make a direct and significant contribution to Russia's military capabilities, including but not limited to, the major weapons systems described in Supplement No. 7 to part 742 of the EAR. BIS is imposing this review policy in order to protect U.S. national security interests and to ensure the efficacy of existing sanctions on Russia for violating international law and fueling the conflict in eastern Ukraine. These changes will also assist applicants because they provide advance warning that BIS's review of license applications will specifically take into account these considerations that are needed in order to protect U.S. national security interests. As noted above, the U.S. Government has already been taking into account these national security concerns when reviewing license applications for items subject to the EAR proposed for shipment to Russia. Therefore, BIS does not anticipate that the changes in this final rule will result in an increase in the number of license applications for items destined to Russia that are denied. However, BIS anticipates that license applicants will benefit by this clarification of existing policy in part 742 of the EAR. 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 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. [[Page 94967]] 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. 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 entities being added to the Entity List. If the effective date of this rule were delayed to allow for notice and comment, then 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 their receipt of 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/or take other measures to try to limit the impact of the listing on the Entity List once a final rule is published. In addition to the Entity List changes described above, the changes this regulation makes to the licensing policy in three sections of the CCL based controls part of the EAR (Sec. Sec. 742.2, 742.3, and 742.4) involve a military or foreign affairs function of the United States. (See 5 U.S.C. 553(a)(1)). These licensing policy changes are needed in order to protect U.S. national and foreign policy interests. These changes make clear that BIS's review of license applications for exports, reexports and transfers (in-country) to Russia will take into account and protect U.S. national security interests. This review policy is needed in order to protect U.S. national security interests and to ensure the efficacy of existing sanctions on Russia for violating international law and fueling the conflict in eastern Ukraine. 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 15 CFR Part 742 Exports, Terrorism. 15 CFR Part 744 Exports, Reporting and recordkeeping requirements, Terrorism. For the reasons stated in the preamble, the Bureau of Industry and Security amends parts 742 and 744 of the Export Administration Regulations (15 CFR parts 730-774) as follows: PART 742--[AMENDED] 0 1. The authority citation for 15 CFR part 742 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; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; 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. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; Notice of November 12, 2015, 80 FR 70667 (November 13, 2015); Notice of August 4, 2016, 81 FR 52587 (August 8, 2016). 0 2. Section 742.2 is amended by revising paragraph (b)(4) to read as follows: Sec. 742.2 Proliferation of chemical and biological weapons. * * * * * (b) * * * (4) License applications for items described in paragraph (a) of this section, when destined for the People's Republic of China or Russia, will be reviewed in accordance with the licensing policies in both paragraph (b) of this section and Sec. 742.4(b)(7). * * * * * 0 3. Section 742.3 is amended by revising paragraph (b)(4) to read as follows: Sec. 742.3 Nuclear nonproliferation. * * * * * (b) * * * (4) License applications for items described in paragraph (a) of this section, when destined to the People's Republic of China or Russia, will be reviewed in accordance with the licensing policies in both paragraph (b) of this section and Sec. 742.4(b)(7). * * * * * 0 4. Section 742.4 is amended by revising paragraph (b)(7) to read as follows: Sec. 742.4 National security. * * * * * (b) * * * (7) For the People's Republic of China (PRC), there is a general policy of approval for license applications to export, reexport, or transfer items to civil end-uses. There is a presumption of denial for license applications to export, reexport or transfer items that would make a direct and significant contribution to the PRC's or Russia's military capabilities such as, but not limited to, the major weapons systems described in Supplement No. 7 to part 742 of the EAR. * * * * * PART 744--[AMENDED] 0 5. 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. [[Page 94968]] 786; 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); Notice of September 15, 2016, 81 FR 64343 (September 19, 2016). 0 6. Supplement No. 4 to part 744 is amended: 0 a. By adding under the destination of Crimea region of Ukraine, in alphabetical order, two entities; and 0 b. By adding under the destination of Russia, in alphabetical order, twenty-one Russian entities. The additions read as follows: Supplement No. 4 to Part 744--Entity List * * * * * ---------------------------------------------------------------------------------------------------------------- License License review Federal Register Country Entity requirement policy citation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- CRIMEA REGION OF * * * * * * UKRAINE. Crimean Ports, a.k.a., the For all items Presumption of 81 FR [INSERT FR following three aliases: subject to the denial. PAGE NUMBER AND --State Unitary Enterprise of EAR. (See Sec. 12/27/16]. the Republic of Crimea 744.11 of the `Crimean Ports'; EAR). --Sue RC `KMP'; and --Sue RK `Crimean Ports'. 28 Kirov Street, Kerch, Crimea Region of Ukraine 98312. Crimean Railway, a.k.a., the For all items Presumption of 81 FR [INSERT FR following three aliases: subject to the denial. PAGE NUMBER AND --Federal State Unitary EAR. (See Sec. DATE OF 12/27/ Enterprise `Crimean Railway'; 744.11 of the 16]. --Krymzhd; and EAR). --The Railways of Crimea. 34 Pavlenko Street, Simferopol, Crimea Region of Ukraine 95006. * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- RUSSIA................ * * * * * * DJSC Factory Krasnoe Znamya, For all items Presumption of 81 FR [INSERT FR a.k.a., the following five subject to the denial. PAGE NUMBER AND aliases: EAR. (See Sec. 12/27/16]. --OJSC Factory Krasnoe Znamya; 744.11 of the --OAO Zavod Krasnoe Znamya; EAR). --AO Krasnoye Znamya; --Krasnoye Znamya Plant OAO; and --Krasnoye Znamya Plant JSC. Shabulina Travel 2a, Ryazan, 390043, Russia. * * * * * * Ekran Scientific Research For all items Presumption of 81 FR [INSERT FR Institute, FSUE, a.k.a., the subject to the denial. PAGE NUMBER AND following one alias: EAR. (See Sec. 12/27/16]. --FGUP Ekran. 744.11 of the Kirov Avenue 24, Samara EAR). 443022, Russia; and Krzhizhanovskogo Street 20/ 30, Moscow, 117218, Russia. * * * * * * ElTom Research and Production For all items Presumption of 81 FR [INSERT FR Company, a.k.a., the subject to the denial. PAGE NUMBER AND following one alias: EAR. (See Sec. 12/27/16]. --NPP ElTom. 744.11 of the Garshin Street 11, Tomilino, EAR). Lyuberetsky, Moscow, 140070, Russia. * * * * * * ----------------------------------------------------------------------------------------- FSUE FNPC Nizhegorodsky For all items Presumption of 81 FR [INSERT FR Scientific Research Institute subject to the denial. PAGE NUMBER AND of Radiotechnics (NNIIRT), EAR. (See Sec. 12/27/16]. Shaposhnikov Street 5, Nizhny 744.11 of the Novgorod, 603950, Russia. EAR). * * * * * * [[Page 94969]] Institut Stroiproekt, AO, For all items Presumption of 81 FR [INSERT FR a.k.a., the following six subject to the denial. PAGE NUMBER AND aliases: EAR. (See Sec. 12/27/16]. --Aktsionernoe Obshcestvo 744.11 of the Institut Stroiproekt; EAR). --AO Institut Stroiproekt; --AO Institute Stroyproekt (f.k.a., Institut Stroiproekt Zakrytoe Aktsionernoe Obshchestvo); --Institute Stroyproect; --Stroyproekt; and --Stroyproekt Engineering Group. D. 13 Korp. 2 LiteraA Prospekt Dunaiski, St. Petersburg 196158, Russia; and 13/2 Dunaisky Prospect, St. Petersburg 196158, Russia. * * * * * * JSC GOZ Obukhov Plant, a.k.a., For all items Presumption of 81 FR [INSERT FR the following one alias: subject to the denial. PAGE NUMBER AND --GOZ Obukhov Plant. Prospekt EAR. (See Sec. 12/27/16]. Obukhovskoi Oboroni 120, 744.11 of the Saint Petersburg, 192012, EAR). Russia. JSC Institute of For all items Presumption of 81 FR [INSERT FR Instrumentation--Novosibirsk subject to the denial. PAGE NUMBER AND Plant Comintern (NPO NIIP- EAR. (See Sec. 12/27/16]. NZIK), Planetnaya Street 32, 744.11 of the Novosibirsk, 630015, Russia. EAR). JSC Scientific Research For all items Presumption of 81 FR [INSERT FR Institute of Aircraft subject to the denial. PAGE NUMBER AND Equipment (NIIAO), a.k.a., EAR. (See Sec. 12/27/16]. the following three aliases: 744.11 of the --SRIAE; EAR). --NIIAO; and --Aviation Instrument Scientific Research Institute. Tupoleva 18, Zhukovsky, Moscow, 140182, Russia. * * * * * * Kaluga Scientific Research For all items Presumption of 81 FR [INSERT FR Radio Technology Institute subject to the denial. PAGE NUMBER AND (KRRTI), a.k.a., the EAR. (See Sec. 12/27/16]. following two aliases: 744.11 of the --KNIRTI; and EAR). --KRRTI. Lenin Street 2, Zhukov, Kaluga Oblast, 249192, Russia. * * * * * * Karst, OOO, a.k.a., the For all items Presumption of 81 FR [INSERT FR following four aliases: subject to the denial. PAGE NUMBER AND --Construction Holding Company EAR. (See Sec. 12/27/16]. Old City--Karst; 744.11 of the --Karst Ltd.; EAR). --LLC Karst; and --Obshcestvo S Ogranichennoi Otvetstvennostyu Karst. D. 4 Litera A Pomeshchenie 69 ul. Kapitanskaya, St. Petersburg 199397, Russia; and 4 Kapitanskaya Street, Unit A, Office 69-N, St. Petersburg 199397, Russia. * * * * * * LLC Ruschemtrade, St. For all items Presumption of 81 FR [INSERT FR Mashinostroitelnyj, 3, Rostov- subject to the denial. PAGE NUMBER AND on-Don 344090, Russia; and 86/ EAR. (See Sec. 12/27/16]. 1, Temryuk, Krasnodar 353500, 744.11 of the Russia. EAR). * * * * * * [[Page 94970]] OAO All-Russia Research For all items Presumption of 81 FR [INSERT FR Institute of Radio Equipment subject to the denial. PAGE NUMBER AND (JSC VNIIRA), a.k.a., the EAR. (See Sec. 12/27/16]. following three aliases: 744.11 of the --OJSC VNIIRA; EAR). --OAO All-Russia Research Institute of Radio Technology; and All-Russian Scientific Research Institute of Radio Equipment. Shkipersky Protok 19, V.I. St. Petersburg, 199106, Russia. * * * * * * OJSC Ural Production Company For all items Presumption of 81 FR [INSERT FR Vector (UPP Vector), a.k.a., subject to the denial. PAGE NUMBER AND the following two aliases: EAR. (See Sec. 12/27/16]. --JSC `SCP' Vector; and 744.11 of the --JSC PPM Vector. EAR). Gagarin Street 28, Ekaterinburg, 620078, Russia. * * * * * * Olid Ltd., a.k.a., the For all items Presumption of 81 FR [INSERT FR following one alias: subject to the denial. PAGE NUMBER AND --OOO Solid. EAR. (See Sec. 12/27/16]. ul Mira 4, Novorossiysk, 744.11 of the Krasnodarskiy kray 630024, EAR). Russia. * * * * * * Research and Production For all items Presumption of 81 FR [INSERT FR Association KVANT, a.k.a., subject to the denial. PAGE NUMBER AND the following one alias: EAR. (See Sec. 12/27/16]. --NPO Kvant. 744.11 of the Bolshaya Saint Petersburg 73, EAR). Velikii-Novgorod 173003, Russia. Research and Production For all items Presumption of 81 FR [INSERT FR Association M.V. Frunze, subject to the denial. PAGE NUMBER AND a.k.a., the following two EAR. (See Sec. 12/27/16]. aliases: 744.11 of the --NNPO Frunze; and EAR). --NZIF. Gagarin Prospect 174, Nizhny Novgorod, 606950, Russia. * * * * * * Ryazan State Instrument For all items Presumption of 81 FR [INSERT FR Enterprise (RSIE), a.k.a., subject to the denial. PAGE NUMBER AND the following two aliases: EAR. (See Sec. 12/27/16]. --RSIE; and 744.11 of the --GRPZ. EAR). Seminarskaya Street 32, Ryazan, 390000, Russia. * * * * * * Scientific and Production For all items Presumption of 81 FR [INSERT FR Association ``Lianozovo subject to the denial. PAGE NUMBER AND Electromechanical Plant'' EAR. (See Sec. 12/27/16]. (NPO LEMZ), a.k.a., the 744.11 of the following four aliases: EAR). --JSC LEMZ R&P Corporation; --OAO Design Bureau Lianozovsky Radars Moscow; --Lianozovsky Electromechanical factory; and --OAO Design Bureau Lianozovsky Radars Moscow. Dmitrovskoye Shosse 110, Moscow, 127411, Russia. * * * * * * Svyaz Design Bureau, OJSC, For all items Presumption of 81 FR [INSERT FR a.k.a., the following one subject to the denial. PAGE NUMBER AND alias: EAR. (See Sec. 12/27/16]. --KB Svyaz. 744.11 of the Prospect Sokolova 96, Rostov- EAR). on-Don 344010, Russia. * * * * * * Trans-Flot JSC, a.k.a., the For all items Presumption of 81 FR [INSERT FR following one alias: subject to the denial. PAGE NUMBER AND --JSC Trans-Flot. EAR. (See Sec. 12/27/16]. ul Ventseka 1/97, Samara 744.11 of the 443099, Russia. EAR). * * * * * * Transpetrochart Co. Ltd., For all items Presumption of 81 FR [INSERT FR Prospekt Engelsa 30, St. subject to the denial. PAGE NUMBER AND Petersburg 194156, Russia. EAR. (See Sec. 12/27/16]. 744.11 of the EAR). [[Page 94971]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- Dated: December 20, 2016. Eric L. Hirschhorn, Under Secretary of Commerce for Industry and Security. [FR Doc. 2016-31124 Filed 12-23-16; 8:45 am]. BILLING CODE 3510-33-P
![Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations 94963
Group D:3 (countries raising 4. The provisions of the Supplement No. 1 to Part 740—
proliferation concerns related to Administrative Procedure Act (5 U.S.C. [Amended]
chemical and biological weapons). 553) requiring notice of proposed
Burma will also remain in Country rulemaking, the opportunity for public ■ 2. Supplement No. 1 to part 740 is
Group D:5 (U.S. Arms Embargoes), participation, and a delay in effective amended by:
■ a. Adding ‘‘Burma’’ in Country Group
consistent with § 126.1 of the date, are inapplicable because this
International Traffic in Arms B in alphabetical order; and
regulation involves a military or foreign
Regulations, 22 CFR 120–130, and State ■ b. Removing the ‘‘X’’ from the row for
affairs function of the United States
Department Federal Register notices. Burma in the D:1 column of the Country
under 5 U.S.C. 553(a)(1). This final rule
Therefore, the country is subject to the Group D table.
implements the President’s Executive
general license exception restrictions Order 13742 of October 7, 2016, PART 744—[AMENDED]
described in section 740.2(a)(12) of the terminating the national emergency
EAR that apply to 9x515 or ‘‘600 series’’ with respect to Burma that had been in ■ 3. The authority citation for part 744
items destined to, shipped from, or effect since May 20, 1997, revoking continues to read as follows:
manufactured in a destination listed in certain Burma-related Executive Orders
Country Group D:5, except as narrowly Authority: 50 U.S.C. 4601 et seq.; 50
that expanded or otherwise modified U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
provided in subparagraphs (a)(12)(i) and the national emergency, and waiving 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
(ii). Further, Burma will remain in other statutory blocking and financial U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
Computer Tier 3 in part 740 (License sanctions on Burma. This rule serves the 1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
Exceptions) pending additional foreign policy interests of the United 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
consideration. Finally, as a general States by removing Burma sanctions FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
matter, exports and reexports to Burma, under the EAR that were directly related 12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
and transfers (in country), remain 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
to three of the revoked Executive Orders Comp., p. 228; E.O. 13099, 63 FR 45167, 3
subject to EAR part 744 end user and and conforming the treatment of Burma
end-use based controls. CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
under the EAR with the change in U.S. 44025, 3 CFR, 2001 Comp., p. 783; E.O.
Rulemaking Requirements foreign policy toward the country 13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
1. Executive Orders 13563 and 12866 already in effect pursuant to Executive 786; Notice of November 12, 2015, 80 FR
Order 13742. No other law requires that 70667 (November 13, 2015); Notice of
direct agencies to assess all costs and
a notice of proposed rulemaking and an January 20, 2016, 81 FR 3937 (January 22,
benefits of available regulatory 2016); Notice of August 4, 2016, 81 FR 52587
alternatives and, if regulation is opportunity for public comment be
(August 8, 2016); Notice of September 15,
necessary, to select regulatory given for this rule. Because a notice of
2016, 81 FR 64343 (September 19, 2016).
approaches that maximize net benefits proposed rulemaking and an
(including potential economic, opportunity for public comment are not § 744.22 [Removed and Reserved]
environmental, public health and safety required to be given for this rule by 5
■ 4. Remove and reserve § 744.22.
effects, distributive impacts, and U.S.C. 553, or by any other law, the
analytical requirements of the Dated: December 20, 2016.
equity). Executive Order 13563
emphasizes the importance of Regulatory Flexibility Act, 5 U.S.C. 601 Kevin J. Wolf,
quantifying both costs and benefits, of et seq., are not applicable. Therefore, Assistant Secretary for Export
reducing costs, of harmonizing rules, this regulation is issued in final form Administration.
and of promoting flexibility. This rule and is made effective immediately upon [FR Doc. 2016–31208 Filed 12–23–16; 8:45 am]
has been determined to be not publication. BILLING CODE 3510–13–P
significant for purposes of Executive List of Subjects
Order 12866.
2. Notwithstanding any other 15 CFR Part 740 DEPARTMENT OF COMMERCE
provision of law, no person is required
to respond to, nor is subject to a penalty Administrative practice and Bureau of Industry and Security
for failure to comply with, a collection procedure, Burma, Exports, Reporting
of information, subject to the and recordkeeping requirements. 15 CFR Parts 742 and 744
requirements of the Paperwork 15 CFR Part 744 [Docket No. 161206999–6999–01]
Reduction Act of 1995 (44 U.S.C. 3501
RIN 0694–AH25
et seq.) (PRA), unless that collection of Burma, Exports, Reporting and
information displays a currently valid recordkeeping requirements, Terrorism. Russian Sanctions: Addition of Certain
OMB control number. This rule affects Entities to the Entity List, and
one approved collection: The Simplified Accordingly, parts 740 and 744 of the
Export Administration Regulations (15 Clarification of License Review Policy
Network Application Processing +
Redesign system (control number 0694– CFR parts 730–774) are amended as AGENCY: Bureau of Industry and
0088), which carries a burden hour follows: Security, Commerce.
estimate of 43.8 minutes, including the ACTION: Final rule.
PART 740—[AMENDED]
time necessary to submit license
applications, among other things, as SUMMARY: The Bureau of Industry and
asabaliauskas on DSK3SPTVN1PROD with RULES
well as miscellaneous and other ■ 1. The authority citation for part 740 Security (BIS) amends the Export
recordkeeping activities that account for continues to read as follows: Administration Regulations (EAR) by
12 minutes per submission. This rule is Authority: 50 U.S.C. 4601 et seq.; 50 adding twenty-three entities to the
expected to decrease the number of U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; Entity List. The twenty-three entities
submissions under this collection. E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., who are added to the Entity List have
3. This rule does not contain policies p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 been determined by the U.S.
with Federalism implications as that Comp., p. 783; Notice of August 4, 2016, 81 Government to be acting contrary to the
term is defined under E.O. 13132. FR 52587 (August 8, 2016). national security or foreign policy
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![Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations 94967
2. Notwithstanding any other Entity List once a final rule is ■ 2. Section 742.2 is amended by
provision of law, no person is required published. revising paragraph (b)(4) to read as
to respond to nor be subject to a penalty In addition to the Entity List changes follows:
for failure to comply with a collection described above, the changes this
of information, subject to the § 742.2 Proliferation of chemical and
regulation makes to the licensing policy
biological weapons.
requirements of the Paperwork in three sections of the CCL based
Reduction Act of 1995 (44 U.S.C. 3501 controls part of the EAR (§§ 742.2, * * * * *
et seq.) (PRA), unless that collection of 742.3, and 742.4) involve a military or (b) * * *
information displays a currently valid (4) License applications for items
foreign affairs function of the United
Office of Management and Budget described in paragraph (a) of this
States. (See 5 U.S.C. 553(a)(1)). These
(OMB) Control Number. This regulation section, when destined for the People’s
licensing policy changes are needed in
involves collections previously Republic of China or Russia, will be
order to protect U.S. national and
approved by OMB under control reviewed in accordance with the
foreign policy interests. These changes
number 0694–0088, Simplified Network licensing policies in both paragraph (b)
make clear that BIS’s review of license
Application Processing System, which of this section and § 742.4(b)(7).
applications for exports, reexports and
includes, among other things, license transfers (in-country) to Russia will take * * * * *
applications and carries a burden into account and protect U.S. national ■ 3. Section 742.3 is amended by
estimate of 43.8 minutes for a manual or security interests. This review policy is revising paragraph (b)(4) to read as
electronic submission. Total burden needed in order to protect U.S. national follows:
hours associated with the PRA and security interests and to ensure the
OMB control number 0694–0088 are not § 742.3 Nuclear nonproliferation.
efficacy of existing sanctions on Russia
expected to increase as a result of this for violating international law and * * * * *
rule. You may send comments regarding (b) * * *
fueling the conflict in eastern Ukraine. (4) License applications for items
the collection of information associated Further, no other law requires that a
with this rule, including suggestions for described in paragraph (a) of this
notice of proposed rulemaking and an section, when destined to the People’s
reducing the burden, to Jasmeet K. opportunity for public comment be
Seehra, Office of Management and Republic of China or Russia, will be
given for this rule. Because a notice of reviewed in accordance with the
Budget (OMB), by email to Jasmeet_K._ proposed rulemaking and an
Seehra@omb.eop.gov, or by fax to (202) licensing policies in both paragraph (b)
opportunity for public comment are not of this section and § 742.4(b)(7).
395–7285. required to be given for this rule by 5
3. This rule does not contain policies U.S.C. 553, or by any other law, the * * * * *
with Federalism implications as that ■ 4. Section 742.4 is amended by
analytical requirements of the
term is defined in Executive Order revising paragraph (b)(7) to read as
Regulatory Flexibility Act, 5 U.S.C. 601
13132. follows:
4. The provisions of the et seq., are not applicable. Accordingly,
Administrative Procedure Act (5 U.S.C. no regulatory flexibility analysis is § 742.4 National security.
553) requiring notice of proposed required and none has been prepared.
* * * * *
rulemaking, the opportunity for public List of Subjects (b) * * *
comment and a delay in effective date (7) For the People’s Republic of China
are inapplicable because this regulation 15 CFR Part 742 (PRC), there is a general policy of
involves a military or foreign affairs Exports, Terrorism. approval for license applications to
function of the United States. (See 5 export, reexport, or transfer items to
U.S.C. 553(a)(1)). BIS implements this 15 CFR Part 744 civil end-uses. There is a presumption
rule to protect U.S. national security or Exports, Reporting and recordkeeping of denial for license applications to
foreign policy interests by preventing requirements, Terrorism. export, reexport or transfer items that
items from being exported, reexported, For the reasons stated in the would make a direct and significant
or transferred (in country) to the entities preamble, the Bureau of Industry and contribution to the PRC’s or Russia’s
being added to the Entity List. If the Security amends parts 742 and 744 of military capabilities such as, but not
effective date of this rule were delayed the Export Administration Regulations limited to, the major weapons systems
to allow for notice and comment, then (15 CFR parts 730–774) as follows: described in Supplement No. 7 to part
the entities being added to the Entity 742 of the EAR.
List by this action would continue to be PART 742—[AMENDED] * * * * *
able to receive items without a license
and to conduct activities contrary to the ■ 1. The authority citation for 15 CFR PART 744—[AMENDED]
national security or foreign policy part 742 continues to read as follows:
interests of the United States. In ■ 5. The authority citation for 15 CFR
Authority: 50 U.S.C. 4601 et seq.; 50
addition, publishing a proposed rule U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
part 744 continues to read as follows:
would give these parties notice of the 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 Authority: 50 U.S.C. 4601 et seq.; 50
U.S. Government’s intention to place U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
them on the Entity List and would Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
create an incentive for these persons to 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
asabaliauskas on DSK3SPTVN1PROD with RULES
either accelerate their receipt of items 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
subject to the EAR to conduct activities FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
13026, 61 FR 58767, 3 CFR, 1996 Comp., p. FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
that are contrary to the national security
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
or foreign policy interests of the United Comp., p. 783; Presidential Determination 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
States, and/or to take steps to set up 2003–23, 68 FR 26459, 3 CFR, 2004 Comp., Comp., p. 228; E.O. 13099, 63 FR 45167, 3
additional aliases, change addresses, p. 320; Notice of November 12, 2015, 80 FR CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
and/or take other measures to try to 70667 (November 13, 2015); Notice of August 44025, 3 CFR, 2001 Comp., p. 783; E.O.
limit the impact of the listing on the 4, 2016, 81 FR 52587 (August 8, 2016). 13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
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![94968 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations
786; Notice of November 12, 2015, 80 FR ■ a. By adding under the destination of Supplement No. 4 to Part 744—Entity
70667 (November 13, 2015); Notice of Crimea region of Ukraine, in List
January 20, 2016, 81 FR 3937 (January 22, alphabetical order, two entities; and
2016); Notice of August 4, 2016, 81 FR 52587 * * * * *
(August 8, 2016); Notice of September 15, ■ b. By adding under the destination of
2016, 81 FR 64343 (September 19, 2016). Russia, in alphabetical order, twenty-
■6. Supplement No. 4 to part 744 is one Russian entities.
amended: The additions read as follows:
License Federal
License
Country Entity review Register
requirement policy citation
* * * * * * *
CRIMEA RE- * * * * * *
GION OF
UKRAINE.
Crimean Ports, a.k.a., the following three For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
aliases: the EAR. (See § 744.11 nial. NUMBER AND 12/27/
—State Unitary Enterprise of the Republic of of the EAR). 16].
Crimea ‘Crimean Ports’;
—Sue RC ‘KMP’; and
—Sue RK ‘Crimean Ports’.
28 Kirov Street, Kerch, Crimea Region of
Ukraine 98312.
Crimean Railway, a.k.a., the following three For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
aliases: the EAR. (See § 744.11 nial. NUMBER AND DATE
—Federal State Unitary Enterprise ‘Crimean of the EAR). OF 12/27/16].
Railway’;
—Krymzhd; and
—The Railways of Crimea.
34 Pavlenko Street, Simferopol, Crimea Re-
gion of Ukraine 95006.
* * * * * *
* * * * * * *
RUSSIA ............ * * * * * *
DJSC Factory Krasnoe Znamya, a.k.a., the For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
following five aliases: the EAR. (See § 744.11 nial. NUMBER AND 12/27/
—OJSC Factory Krasnoe Znamya; of the EAR). 16].
—OAO Zavod Krasnoe Znamya;
—AO Krasnoye Znamya;
—Krasnoye Znamya Plant OAO; and
—Krasnoye Znamya Plant JSC.
Shabulina Travel 2a, Ryazan, 390043, Rus-
sia.
* * * * * *
Ekran Scientific Research Institute, FSUE, For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
a.k.a., the following one alias: the EAR. (See § 744.11 nial. NUMBER AND 12/27/
—FGUP Ekran. of the EAR). 16].
Kirov Avenue 24, Samara 443022, Russia;
and Krzhizhanovskogo Street 20/30, Mos-
cow, 117218, Russia.
* * * * * *
ElTom Research and Production Company, For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
a.k.a., the following one alias: the EAR. (See § 744.11 nial. NUMBER AND 12/27/
—NPP ElTom. of the EAR). 16].
Garshin Street 11, Tomilino, Lyuberetsky,
Moscow, 140070, Russia.
* * * * * *
FSUE FNPC Nizhegorodsky Scientific Re- For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
search Institute of Radiotechnics the EAR. (See § 744.11 nial. NUMBER AND 12/27/
(NNIIRT), Shaposhnikov Street 5, Nizhny of the EAR). 16].
asabaliauskas on DSK3SPTVN1PROD with RULES
Novgorod, 603950, Russia.
* * * * * *
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![Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations 94969
License Federal
License
Country Entity review Register
requirement policy citation
Institut Stroiproekt, AO, a.k.a., the following For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
six aliases: the EAR. (See § 744.11 nial. NUMBER AND 12/27/
—Aktsionernoe Obshcestvo Institut of the EAR). 16].
Stroiproekt;
—AO Institut Stroiproekt;
—AO Institute Stroyproekt (f.k.a., Institut
Stroiproekt Zakrytoe Aktsionernoe
Obshchestvo);
—Institute Stroyproect;
—Stroyproekt; and
—Stroyproekt Engineering Group.
D. 13 Korp. 2 LiteraA Prospekt Dunaiski, St.
Petersburg 196158, Russia; and 13/2
Dunaisky Prospect, St. Petersburg
196158, Russia.
* * * * * *
JSC GOZ Obukhov Plant, a.k.a., the fol- For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
lowing one alias: the EAR. (See § 744.11 nial. NUMBER AND 12/27/
—GOZ Obukhov Plant. Prospekt of the EAR). 16].
Obukhovskoi Oboroni 120, Saint Peters-
burg, 192012, Russia.
JSC Institute of Instrumentation— For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
Novosibirsk Plant Comintern (NPO NIIP– the EAR. (See § 744.11 nial. NUMBER AND 12/27/
NZIK), Planetnaya Street 32, Novosibirsk, of the EAR). 16].
630015, Russia.
JSC Scientific Research Institute of Aircraft For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
Equipment (NIIAO), a.k.a., the following the EAR. (See § 744.11 nial. NUMBER AND 12/27/
three aliases: of the EAR). 16].
—SRIAE;
—NIIAO; and
—Aviation Instrument Scientific Research In-
stitute.
Tupoleva 18, Zhukovsky, Moscow, 140182,
Russia.
* * * * * *
Kaluga Scientific Research Radio Tech- For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
nology Institute (KRRTI), a.k.a., the fol- the EAR. (See § 744.11 nial. NUMBER AND 12/27/
lowing two aliases: of the EAR). 16].
—KNIRTI; and
—KRRTI.
Lenin Street 2, Zhukov, Kaluga Oblast,
249192, Russia.
* * * * * *
Karst, OOO, a.k.a., the following four For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
aliases: the EAR. (See § 744.11 nial. NUMBER AND 12/27/
—Construction Holding Company Old City— of the EAR). 16].
Karst;
—Karst Ltd.;
—LLC Karst; and
—Obshcestvo S Ogranichennoi
Otvetstvennostyu Karst.
D. 4 Litera A Pomeshchenie 69 ul.
Kapitanskaya, St. Petersburg 199397,
Russia; and 4 Kapitanskaya Street, Unit
A, Office 69–N, St. Petersburg 199397,
Russia.
* * * * * *
LLC Ruschemtrade, St. Mashinostroitelnyj, For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
3, Rostov-on-Don 344090, Russia; and the EAR. (See § 744.11 nial. NUMBER AND 12/27/
86/1, Temryuk, Krasnodar 353500, Rus- of the EAR). 16].
sia.
* * * * * *
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![94970 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations
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OAO All-Russia Research Institute of Radio For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
Equipment (JSC VNIIRA), a.k.a., the fol- the EAR. (See § 744.11 nial. NUMBER AND 12/27/
lowing three aliases: of the EAR). 16].
—OJSC VNIIRA;
—OAO All-Russia Research Institute of
Radio Technology; and
All-Russian Scientific Research Institute of
Radio Equipment.
Shkipersky Protok 19, V.I. St. Petersburg,
199106, Russia.
* * * * * *
OJSC Ural Production Company Vector For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
(UPP Vector), a.k.a., the following two the EAR. (See § 744.11 nial. NUMBER AND 12/27/
aliases: of the EAR). 16].
—JSC ‘SCP’ Vector; and
—JSC PPM Vector.
Gagarin Street 28, Ekaterinburg, 620078,
Russia.
* * * * * *
Olid Ltd., a.k.a., the following one alias: For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
—OOO Solid. the EAR. (See § 744.11 nial. NUMBER AND 12/27/
ul Mira 4, Novorossiysk, Krasnodarskiy kray of the EAR). 16].
630024, Russia.
* * * * * *
Research and Production Association For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
KVANT, a.k.a., the following one alias: the EAR. (See § 744.11 nial. NUMBER AND 12/27/
—NPO Kvant. of the EAR). 16].
Bolshaya Saint Petersburg 73, Velikii-
Novgorod 173003, Russia.
Research and Production Association M.V. For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
Frunze, a.k.a., the following two aliases: the EAR. (See § 744.11 nial. NUMBER AND 12/27/
—NNPO Frunze; and of the EAR). 16].
—NZIF.
Gagarin Prospect 174, Nizhny Novgorod,
606950, Russia.
* * * * * *
Ryazan State Instrument Enterprise (RSIE), For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
a.k.a., the following two aliases: the EAR. (See § 744.11 nial. NUMBER AND 12/27/
—RSIE; and of the EAR). 16].
—GRPZ.
Seminarskaya Street 32, Ryazan, 390000,
Russia.
* * * * * *
Scientific and Production Association For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
‘‘Lianozovo Electromechanical Plant’’ the EAR. (See § 744.11 nial. NUMBER AND 12/27/
(NPO LEMZ), a.k.a., the following four of the EAR). 16].
aliases:
—JSC LEMZ R&P Corporation;
—OAO Design Bureau Lianozovsky Radars
Moscow;
—Lianozovsky Electromechanical factory;
and
—OAO Design Bureau Lianozovsky Radars
Moscow.
Dmitrovskoye Shosse 110, Moscow,
127411, Russia.
* * * * * *
Svyaz Design Bureau, OJSC, a.k.a., the fol- For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
lowing one alias: the EAR. (See § 744.11 nial. NUMBER AND 12/27/
—KB Svyaz. of the EAR). 16].
Prospect Sokolova 96, Rostov-on-Don
344010, Russia.
* * * * * *
asabaliauskas on DSK3SPTVN1PROD with RULES
Trans-Flot JSC, a.k.a., the following one For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
alias: the EAR. (See § 744.11 nial. NUMBER AND 12/27/
—JSC Trans-Flot. of the EAR). 16].
ul Ventseka 1/97, Samara 443099, Russia.
* * * * * *
Transpetrochart Co. Ltd., For all items subject to Presumption of de- 81 FR [INSERT FR PAGE
Prospekt Engelsa 30, St. Petersburg the EAR. (See § 744.11 nial. NUMBER AND 12/27/
194156, Russia. of the EAR). 16].
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![Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations 94971
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* * * * * * *
Dated: December 20, 2016. Office of Nonproliferation and Treaty ECCN 2B206—Amended To Conform
Eric L. Hirschhorn, Compliance, Bureau of Industry and the NP Controls on Linear
Under Secretary of Commerce for Industry Security, Telephone: (202) 482–1641. Displacement Measuring Systems With
and Security. the NSG Annex (as Updated To Reflect
SUPPLEMENTARY INFORMATION: The the 2016 NSG Plenary Changes)
[FR Doc. 2016–31124 Filed 12–23–16; 8:45 am].
Bureau of Industry and Security (BIS) is
BILLING CODE 3510–33–P
amending the Export Administration This rule amends ECCN 2B206 to
Regulations (EAR) to revise the nuclear more accurately and completely reflect
DEPARTMENT OF COMMERCE nonproliferation (NP) controls that the description of certain dimensional
apply to certain items identified on the inspection machines listed in the NSG
Bureau of Industry and Security Commerce Control List (CCL), Annex. These changes are related to
consistent with U.S. commitments as a BIS’s September 20, 2016, final rule (81
15 CFR Part 774 participating country in the Nuclear FR 64656) that included certain
Suppliers Group (NSG). The NSG is a amendments to ECCN 2B006 to reflect
[Docket No. 161102999–6999–01]
multilateral export control forum that the December 2015 updates to the List
RIN 0694–AH20 consists of 48 participating countries. of Dual-Use Goods and Technologies
The NSG maintains a list of dual-use maintained by participating
Commerce Control List: Updates governments in the Wassenaar
items that could be used for nuclear
Based on the 2015 and 2016 Nuclear Arrangement (WA). The amendments to
proliferation activities. The list is
Suppliers Group (NSG) Plenary ECCN 2B006 also affected the scope of
maintained in the NSG Annex to the
Meetings; Conforming Changes and the NP controls in that ECCN.
‘‘Guidelines for the Transfer of Nuclear
Corrections to Certain Nuclear Specifically, the September 20, 2016,
Nonproliferation (NP) Controls Related Dual Use Equipment, Materials,
Software and Related Technology’’ (the final rule revised the controls that
AGENCY: Bureau of Industry and NSG Annex). NSG participating applied to certain measuring systems by
Security, Commerce. countries share a commitment to changing the technical parameters in a
ACTION: Final rule. prevent nuclear proliferation and the manner that removed certain linear
development of nuclear related weapons displacement measuring systems
SUMMARY: The Bureau of Industry and of mass destruction. In furtherance of identified on the NSG Annex from
Security (BIS) publishes this final rule that commitment, they have undertaken control under ECCN 2B006.
to amend the Export Administration to impose export controls on listed As a result of the aforementioned
Regulations (EAR) to reflect the items. The NSG Guidelines and the change in the scope of the NP controls
understandings reached at the June 2015 Annex thereto are designed to ensure in ECCN 2B006, this rule amends ECCN
Nuclear Suppliers Group (NSG) Plenary that nuclear trade for peaceful purposes 2B206 by adding a new paragraph .c,
meeting held in Bariloche, Argentina, does not contribute to the proliferation consistent with the description of the
and certain understandings reached at measuring systems in NSG Annex
of nuclear weapons or related
the 2016 NSG Plenary meeting held in 1.B.3.b.3. New 2B206.c controls linear
proliferation activities.
Seoul, Republic of Korea. The displacement measuring systems that
amendments to the EAR based on the This final rule amends the CCL by
contain a ‘‘laser’’ and that maintain, for
2015 meeting address the nuclear revising Export Control Classification
at least 12 hours over a temperature
nonproliferation (NP) controls that Number (ECCN) 2B206: (1) To reflect
range of ± 1 K around a standard
apply to certain centrifugal multiplane the changes affecting certain linear temperature and a standard pressure,
balancing machines described on the displacement measuring systems listed both: (1) A ‘‘resolution’’ over their full
Commerce Control List (CCL). The in the NSG Annex, based on the scale of 0.1mm or better; and (2) a
amendments to the EAR based on the understandings reached at the NSG ‘‘measurement uncertainty’’ equal to or
2016 meeting address the NP controls Plenary meeting held in Seoul, Republic better (less) than (0.2 + L/2000) mm (L
that apply to certain linear displacement of Korea, on June 23 and 24, 2016; and is the measured length in millimeters).
measuring systems identified on the (2) to further revise the description of This rule also adds a Control Note and
CCL. This rule also makes additional these systems on the CCL to fully a Technical Note for new 2B206.c. The
changes to the description of these conform to their description on the NSG Control Note to new paragraph .c
systems on the CCL to fully conform to Annex. This rule also revises ECCN indicates that 2B206.c does not control
their description on the NSG Annex. In 2B229 to reflect the changes affecting measuring interferometer systems,
addition, this rule corrects an error in certain centrifugal multiplane balancing without closed or open loop feedback,
the technical parameters of the CCL machines listed in the NSG Annex, that contain a ‘‘laser’’ to measure slide
entry that describes certain radiation-
asabaliauskas on DSK3SPTVN1PROD with RULES
based on the understandings reached at movement errors of machine tools,
hardened TV cameras (including lenses the NSG Plenary meeting held in dimensional inspection machines, or
therefor) that are subject to NP controls. Bariloche, Argentina, on June 3–5, 2015. similar equipment. The Technical Note
DATES: This rule is effective December In addition, this rule corrects an error in to new paragraph .c states that ‘‘linear
27, 2016. the technical parameters of ECCN displacement,’’ for purposes of 2B206.c,
FOR FURTHER INFORMATION CONTACT: 6A203.d, which describes certain means the change of distance between
Steven Clagett, Director, Nuclear and radiation-hardened TV cameras the measuring probe and the measured
Missile Technology Controls Division, identified on the NSG Annex. object.
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Document Created: 2018-02-14 09:14:00
Document Modified: 2018-02-14 09:14:00
| 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 27, 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 94963 | |
| RIN Number | 0694-AH25 | |
| CFR Citation | 15
CFR
742 15 CFR 744 | |
| CFR Associated | Exports; Terrorism and Reporting and Recordkeeping Requirements |
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