82 FR 15461 - Removal of Certain Persons From the Entity List
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 82, Issue 59 (March 29, 2017)
Bureau of Industry and Security
Federal Register Volume 82, Issue 59 (March 29, 2017)
| Page Range | 15461-15463 | |
| FR Document | 2017-06228 |
[Federal Register Volume 82, Number 59 (Wednesday, March 29, 2017)] [Rules and Regulations] [Pages 15461-15463] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06228] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 170103009-7300-02] RIN 0694-AH28 Removal of Certain Persons From the Entity List AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule amends the Export Administration Regulations (EAR) by removing seven persons under ten entries from the Entity List. This rule removes four persons listed under the destination of Germany, one person listed under the destination of Hong Kong, one person listed under the destination of India, one person listed under the destination of Singapore, one person listed under the destination of Switzerland, and two persons under the destination of the United Arab Emirates from the Entity List. The three additional entries are being removed to account for two persons listed under more than one destination on the Entity List. All seven of the removals are the result of requests for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entity and a review of information provided in the removal requests in accordance with the procedure for requesting removal or modification of an Entity List entity. DATES: This rule is effective March 29, 2017. 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) identifies entities and other persons reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. The EAR imposes additional license requirements on, and limits the availability of most license exceptions for, exports, reexports, and transfers (in-country) to those listed. The ``license review policy'' for each listed entity or other person is identified in the License Review Policy column on the Entity List and the impact on the availability of license exceptions is described in the Federal Register notice adding entities or other persons to the Entity List. BIS places entities and other persons on the Entity List pursuant to sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR. The ERC, composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List. The ERC makes all decisions to add an entry to the Entity List by majority vote and all decisions to remove or modify an entry by unanimous vote. ERC Entity List Decisions Removal From the Entity List This rule implements a decision of the ERC to remove the following ten entries from the Entity List on the basis of removal requests received by BIS: Industrio GmbH, Martin Hess, Peter Duenker, and Wilhelm ``Bill'' Holler, all located in Germany; Frank Genin, located in Hong Kong and the U.A.E. (which accounts for two of the entries this final rule removes); Beaumont Trading AG, located in India, Switzerland, and the U.A.E. (which accounts for three of the entries this final rule removes); and Amanda Sng, located in Singapore. These seven persons under ten entries were added to the Entity List on March 21, 2016 (see 81 FR 14958). The ERC decided to remove these seven persons under ten entries based on information received by BIS pursuant to Sec. 744.16 of the EAR [[Page 15462]] and further review conducted by the ERC. This final rule implements the decision to remove the following four entities located in Germany, one entity located in Hong Kong, one entity located in India, one entity located in Singapore, one entity located in Switzerland, and two entities located in the U.A.E. from the Entity List: Germany (1) Industrio GmbH, Dreichlinger Street 79, Neumarkt, 92318 Germany; (2) Martin Hess, Dreichlinger Street 79, Neumarkt, 92318 Germany; (3) Peter Duenker, a.k.a., the following alias: -Peter Dunker. Dreichlinger Street 79, Neumarkt, 92318 Germany; and (4) Wilhelm ``Bill'' Holler, Dreichlinger Street 79, Neumarkt, 92318 Germany. Hong Kong (1) Frank Genin, a.k.a., the following one alias: -Franck Genin. RM 1905, 19/F, Nam Wo Hong Bldg., 148 Wing Lok Street, Sheung Wang, Hong Kong (See alternate addresses under U.A.E.). India (1) Beaumont Trading AG, a.k.a., the following one alias: -Beaumont Tradex India. 412 World Trade Center, Conaught Place, New Delhi-- 110001, India; and 4th Floor Statesman House Building, Barakhamba Road, New Delhi 11001, India; and Express Towers, 1st Floor, Express Building, 9-10 Bahadurshah Zafar Marg, New Delhi-12, India (See alternate addresses under Switzerland and U.A.E.). Singapore (1) Amanda Sng, 211 Henderson Road, #13-02 Henderson Industrial Park, Singapore 159552. Switzerland (1) Beaumont Trading AG, a.k.a., the following one alias: -Beaumont Tradex India. Haldenstrasse 5, Baar (Zug Canton), CH 6342 Switzerland (See alternate addresses in India and the U.A.E.). United Arab Emirates (1) Beaumont Trading AG, a.k.a., the following one alias: -Beaumont Tradex India. DMCC Business Center, 49 Almas Tower--JLT Dubai, U.A.E. (See alternate addresses in India and Switzerland); and (2) Frank Genin, a.k.a., the following one alias: -Franck Genin. Villa No. 6 AL WASL RD, 332/45b Jumeira 1, Dubai, Dubai 25344, U.A.E.; and Suite 608 Atrium Center, Bank St., Bur Dubai, Dubai, U.A.E., P.O. Box 16048; and Suite 706 Atrium Center Bank Street Bur Dubai, Dubai U.A.E.; and P.O. Box 10559 Ras Al Khaimah, U.A.E.; and P.O. Box 25344 Bur Dubai, Dubai, U.A.E.; and 2nd Floor, #202 Sheik Zayed Road Dubai POB 25344 U.A.E.; and P.O. Box 28515, Dubai, U.A.E.; and 202 B Sama Tower Sheikh Tayed Road #3 Dubai, U.A.E. P.O. Box 16048; and BC2-414, RAK Free Trade Zone P.O. Box 16048 Ras Al Khaimah, U.A.E.; and G1/RAK Free Trade Zone RAK--U.A.E.; and G-17 Sheikh Tayed Road #3 Ras Al Khaimah Free Trade Zone, Dubai, U.A.E. (See alternate address under Hong Kong). The removal of the persons referenced above, which was approved by the ERC, eliminates the existing license requirements in Supplement No. 4 to part 744 for exports, reexports and transfers (in-country) to these entities. However, the removal of these persons from the Entity List does not relieve persons of other obligations under part 744 of the EAR or under other parts of the EAR. Neither the removal of an entity from the Entity List nor the removal of Entity List-based license requirements relieves persons of their obligations under General Prohibition 5 in Sec. 736.2(b)(5) of the EAR which provides that, ``you may not, without a license, knowingly export or reexport any item subject to the EAR to an end-user or end-use that is prohibited by part 744 of the EAR.'' Additionally, this removal does not relieve persons of their obligation to apply for export, reexport or in-country transfer licenses required by other provisions of the EAR. BIS strongly urges the use of Supplement No. 3 to part 732 of the EAR, ``BIS's `Know Your Customer' Guidance and Red Flags,'' when persons are involved in transactions that are subject to the EAR. Export Administration Act of 1979 Although the Export Administration Act of 1979 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 of 1979, as appropriate and to the extent permitted by law, pursuant to Executive Order 13222, as amended by Executive Order 13637. Rulemaking Requirements 1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866. 2. Notwithstanding any other provision of law, no person is required to respond to nor be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This regulation involves collections previously approved by OMB under control number 0694-0088, Simplified Network Application Processing System, which includes, among other things, license applications and carries a burden estimate of 43.8 minutes for a manual or electronic submission. Total burden hours associated with the PRA and OMB control number 0694-0088 are not expected to increase as a result of this rule. You may send comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by email to [email protected], or by fax to (202) 395-7285. 3. This rule does not contain policies with Federalism implications as that term is defined in Executive Order 13132. 4. For the seven persons under ten entries removed from the Entity List in this final rule, pursuant to the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), BIS finds good cause to waive requirements that this rule be subject to notice and the opportunity for public comment because it would be contrary to the public interest. In determining whether to grant a request for removal from the Entity List, a committee of U.S. Government agencies (the End-User Review Committee (ERC)) evaluates information about and commitments made by listed persons requesting removal from the [[Page 15463]] Entity List, the nature and terms of which are set forth in 15 CFR part 744, Supplement No. 5, as noted in 15 CFR 744.16(b). The information, commitments, and criteria for this extensive review were all established through the notice of proposed rulemaking and public comment process (72 FR 31005 (June 5, 2007) (proposed rule), and 73 FR 49311 (August 21, 2008) (final rule)). These seven removals under ten entries have been made within the established regulatory framework of the Entity List. If the rule were to be delayed to allow for public comment, U.S. exporters may face unnecessary economic losses as they turn away potential sales to the entities removed by this rule because the customer remained a listed person on the Entity List even after the ERC approved the removal pursuant to the rule published at 73 FR 49311 on August 21, 2008. By publishing without prior notice and comment, BIS allows the applicants to receive U.S. exports immediately because the applicants already have received approval by the ERC pursuant to 15 CFR part 744, Supplement No. 5, as noted in 15 CFR 744.16(b). Removals from the Entity List granted by the ERC involve interagency deliberation and result from review of public and non- public sources, including sensitive law enforcement information and classified information, and the measurement of such information against the Entity List removal criteria. This information is extensively reviewed according to the criteria for evaluating removal requests from the Entity List, as set out in 15 CFR part 744, Supplement No. 5 and 15 CFR 744.16(b). For reasons of national security, BIS is not at liberty to provide to the public detailed information on which the ERC relied to make the decisions to remove these entities. In addition, the information included in the removal request is information exchanged between the applicant and the ERC, which by law (section 12(c) of the Export Administration Act of 1979), BIS is restricted from sharing with the public. Moreover, removal requests from the Entity List contain confidential business information, which is necessary for the extensive review conducted by the U.S. Government in assessing such removal requests. Section 553(d) of the APA generally provides that rules may not take effect earlier than thirty (30) days after they are published in the Federal Register. BIS finds good cause to waive the 30-day delay in effectiveness under 5 U.S.C. 553(d)(1) because this rule is a substantive rule which relieves a restriction. This rule's removal of seven persons under ten entries from the Entity List removes requirements (the Entity-List-based license requirement and limitation on use of license exceptions) on these seven persons being removed from the Entity List. The rule does not impose a requirement on any other person for these removals from the Entity List. No other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required under the APA or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. As a result, no final regulatory flexibility analysis is required and none has been prepared. List of Subjects in 15 CFR Part 744 Exports, Reporting and recordkeeping requirements, Terrorism. Accordingly, part 744 of the Export Administration Regulations (15 CFR parts 730-774) is amended as follows: PART 744--[AMENDED] 0 1. The authority citation for 15 CFR part 744 is revised to read as follows: Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of August 4, 2016, 81 FR 52587 (August 8, 2016); Notice of September 15, 2016, 81 FR 64343 (September 19, 2016); Notice of November 8, 2016, 81 FR 79379 (November 10, 2016); Notice of January 13, 2017, 82 FR 6165 (January 18, 2017). Supplement No. 4 to Part 744--[Amended] 0 2. Supplement No. 4 to Part 744 is amended: 0 a. By removing, under Germany, four German entities, ``Industrio GmbH, Dreichlinger Street 79, Neumarkt, 92318 Germany''; ``Martin Hess, Dreichlinger Street 79, Neumarkt, 92318 Germany''; ``Peter Duenker, a.k.a., the following alias: -Peter Dunker. Dreichlinger Street 79, Neumarkt, 92318 Germany''; and ``Wilhelm ``Bill'' Holler, Dreichlinger Street 79, Neumarkt, 92318 Germany''; 0 b. By removing, under Hong Kong, one Hong Kong entity, ``Frank Genin, a.k.a., the following one alias: -Franck Genin. RM 1905, 19/F, Nam Wo Hong Bldg., 148 Wing Lok Street, Sheung Wang, Hong Kong (See alternate addresses under U.A.E.)''; 0 c. By removing, under India, one Indian entity, ``Beaumont Trading AG, a.k.a., the following one alias: -Beaumont Tradex India. 412 World Trade Center, Conaught Place, New Delhi--110001, India; and 4th Floor Statesman House Building, Barakhamba Road, New Delhi 11001, India; and Express Towers, 1st Floor, Express Building, 9-10 Bahadurshah Zafar Marg, New Delhi-12, India (See alternate addresses under Switzerland and U.A.E.)''; 0 d. By removing, under Singapore, one Singaporean entity, ``Amanda Sng, 211 Henderson Road, #13-02 Henderson Industrial Park, Singapore 159552''; 0 e. By removing under Switzerland, one Swiss entity, ``Beaumont Trading AG, a.k.a., the following one alias: -Beaumont Tradex India. Haldenstrasse 5, Baar (Zug Canton), CH 6342 Switzerland (See alternate addresses in India and the U.A.E.)''; and 0 f. By removing under the United Arab Emirates, two Emirati entities, ``Beaumont Trading AG, a.k.a., the following one alias: -Beaumont Tradex India. DMCC Business Center, 49 Almas Tower--JLT Dubai, U.A.E. (See alternate addresses in India and Switzerland)''; and ``Frank Genin, a.k.a., the following one alias: -Franck Genin. Villa No. 6 AL WASL RD, 332/45b Jumeira 1, Dubai, Dubai 25344, U.A.E.; and Suite 608 Atrium Center, Bank St., Bur Dubai, Dubai, U.A.E., P.O. Box 16048; and Suite 706 Atrium Center Bank Street Bur Dubai, Dubai U.A.E.; and P.O. Box 10559 Ras Al Khaimah, U.A.E.; and P.O. Box 25344 Bur Dubai, Dubai, U.A.E.; and 2nd Floor, #202 Sheik Zayed Road Dubai POB 25344 U.A.E.; and P.O. Box 28515, Dubai, U.A.E.; and 202 B Sama Tower Sheikh Tayed Road #3 Dubai, U.A.E. P.O.Box 16048; and BC2-414, RAK Free Trade Zone P.O. Box 16048 Ras Al Khaimah, U.A.E.; and G1/RAK Free Trade Zone RAK-- U.A.E.; and G-17 Sheikh Tayed Road #3 Ras Al Khaimah Free Trade Zone, Dubai, U.A.E. (See alternate address under Hong Kong)''. Dated: March 24, 2017. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2017-06228 Filed 3-28-17; 8:45 am] BILLING CODE 3510-33-P
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■ 2. Supplement No. 4 to Part 744 is and ‘‘ZTE Kangxun Supplement No. 4 to Part 744—Entity
amended: Telecommunications Ltd., 2/3 Floor, List
■ a. By removing, under China, two Suite A, ZTE Communication Mansion
Chinese entities, ‘‘Zhongxing * * * * *
Keji (S) Road, Hi-New Shenzhen,
Telecommunications Equipment (ZTE) 518057 China ’’; and
Corporation, ZTE Plaza, Keji Road ■ b. By adding, under China, one
South, Hi-Tech Industrial Park, Chinese entity.
Nanshan District, Shenzhen, China’’; The addition reads as follows:
License
Country Entity License requirement Federal Register citation
review policy
* * * * * * *
CHINA, PEOPLE’S
REPUBLIC OF
* * * * * * *
Shi Lirong, Yuanzhong Garden For all items subject to the Presumption of 82 FR [INSERT FR PAGE
Tower A, Room 26A, Futian, EAR. (See § 744.11 of the denial. NUMBER]; March 29, 2017.
Shenzhen, China; and EAR).
Xinghai Mingcheng, 2nd
Floor, Shenzhen, China.
* * * * * * *
Supplement No. 7 to Part 744— account for two persons listed under Entity List. BIS places entities and other
[Removed] more than one destination on the Entity persons on the Entity List pursuant to
List. All seven of the removals are the sections of part 744 (Control Policy:
■ 3. Remove Supplement No. 7 to Part
result of requests for removal received End-User and End-Use Based) and part
744.
by BIS pursuant to the section of the 746 (Embargoes and Other Special
Dated: March 24, 2017. EAR used for requesting removal or Controls) of the EAR.
Matthew S. Borman, modification of an Entity List entity and The ERC, composed of representatives
Deputy Assistant Secretary for Export a review of information provided in the of the Departments of Commerce
Administration. removal requests in accordance with the
(Chair), State, Defense, Energy and,
[FR Doc. 2017–06227 Filed 3–28–17; 8:45 am] procedure for requesting removal or
where appropriate, the Treasury, makes
BILLING CODE 3510–33–P modification of an Entity List entity.
all decisions regarding additions to,
DATES: This rule is effective March 29, removals from, or other modifications to
2017. the Entity List. The ERC makes all
DEPARTMENT OF COMMERCE
FOR FURTHER INFORMATION CONTACT: decisions to add an entry to the Entity
Bureau of Industry and Security Chair, End-User Review Committee, List by majority vote and all decisions
Office of the Assistant Secretary, Export to remove or modify an entry by
15 CFR Part 744 Administration, Bureau of Industry and unanimous vote.
Security, Department of Commerce,
[Docket No. 170103009–7300–02] Phone: (202) 482–5991, Email: ERC@ ERC Entity List Decisions
RIN 0694–AH28 bis.doc.gov. Removal From the Entity List
SUPPLEMENTARY INFORMATION:
Removal of Certain Persons From the This rule implements a decision of
Entity List Background the ERC to remove the following ten
AGENCY: Bureau of Industry and The Entity List (Supplement No. 4 to entries from the Entity List on the basis
Security, Commerce. part 744) identifies entities and other of removal requests received by BIS:
persons reasonably believed to be Industrio GmbH, Martin Hess, Peter
ACTION: Final rule.
involved, or to pose a significant risk of Duenker, and Wilhelm ‘‘Bill’’ Holler, all
SUMMARY: This rule amends the Export being or becoming involved, in located in Germany; Frank Genin,
Administration Regulations (EAR) by activities contrary to the national located in Hong Kong and the U.A.E.
removing seven persons under ten security or foreign policy interests of the (which accounts for two of the entries
entries from the Entity List. This rule United States. The EAR imposes this final rule removes); Beaumont
removes four persons listed under the additional license requirements on, and Trading AG, located in India,
destination of Germany, one person limits the availability of most license Switzerland, and the U.A.E. (which
listed under the destination of Hong exceptions for, exports, reexports, and accounts for three of the entries this
Kong, one person listed under the transfers (in-country) to those listed. final rule removes); and Amanda Sng,
mstockstill on DSK3G9T082PROD with RULES
destination of India, one person listed The ‘‘license review policy’’ for each located in Singapore. These seven
under the destination of Singapore, one listed entity or other person is identified persons under ten entries were added to
person listed under the destination of in the License Review Policy column on the Entity List on March 21, 2016 (see
Switzerland, and two persons under the the Entity List and the impact on the 81 FR 14958). The ERC decided to
destination of the United Arab Emirates availability of license exceptions is remove these seven persons under ten
from the Entity List. The three described in the Federal Register notice entries based on information received
additional entries are being removed to adding entities or other persons to the by BIS pursuant to § 744.16 of the EAR
VerDate Sep<11>2014 15:57 Mar 28, 2017 Jkt 241001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1](https://thefederalregister.org/doc/82_FR_15520/page/1.svg)
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Entity List, the nature and terms of restriction. This rule’s removal of seven a.k.a., the following one alias: -Franck
which are set forth in 15 CFR part 744, persons under ten entries from the Genin. RM 1905, 19/F, Nam Wo Hong
Supplement No. 5, as noted in 15 CFR Entity List removes requirements (the Bldg., 148 Wing Lok Street, Sheung
744.16(b). The information, Entity-List-based license requirement Wang, Hong Kong (See alternate
commitments, and criteria for this and limitation on use of license addresses under U.A.E.)’’;
extensive review were all established exceptions) on these seven persons
■ c. By removing, under India, one
through the notice of proposed being removed from the Entity List. The
rulemaking and public comment Indian entity, ‘‘Beaumont Trading AG,
rule does not impose a requirement on
process (72 FR 31005 (June 5, 2007) any other person for these removals a.k.a., the following one alias:
(proposed rule), and 73 FR 49311 from the Entity List. -Beaumont Tradex India. 412 World
(August 21, 2008) (final rule)). These No other law requires that a notice of Trade Center, Conaught Place, New
seven removals under ten entries have proposed rulemaking and an Delhi—110001, India; and 4th Floor
been made within the established opportunity for public comment be Statesman House Building, Barakhamba
regulatory framework of the Entity List. given for this final rule. Because a Road, New Delhi 11001, India; and
If the rule were to be delayed to allow notice of proposed rulemaking and an Express Towers, 1st Floor, Express
for public comment, U.S. exporters may opportunity for public comment are not Building, 9–10 Bahadurshah Zafar Marg,
face unnecessary economic losses as required under the APA or by any other New Delhi-12, India (See alternate
they turn away potential sales to the law, the analytical requirements of the addresses under Switzerland and
entities removed by this rule because Regulatory Flexibility Act (5 U.S.C. 601 U.A.E.)’’;
the customer remained a listed person et seq.) are not applicable. As a result, ■ d. By removing, under Singapore, one
on the Entity List even after the ERC no final regulatory flexibility analysis is Singaporean entity, ‘‘Amanda Sng, 211
approved the removal pursuant to the required and none has been prepared.
rule published at 73 FR 49311 on Henderson Road, #13–02 Henderson
August 21, 2008. By publishing without List of Subjects in 15 CFR Part 744 Industrial Park, Singapore 159552’’;
prior notice and comment, BIS allows Exports, Reporting and recordkeeping ■ e. By removing under Switzerland,
the applicants to receive U.S. exports requirements, Terrorism. one Swiss entity, ‘‘Beaumont Trading
immediately because the applicants Accordingly, part 744 of the Export AG, a.k.a., the following one alias:
already have received approval by the Administration Regulations (15 CFR -Beaumont Tradex India. Haldenstrasse
ERC pursuant to 15 CFR part 744, parts 730–774) is amended as follows: 5, Baar (Zug Canton), CH 6342
Supplement No. 5, as noted in 15 CFR Switzerland (See alternate addresses in
744.16(b). PART 744—[AMENDED] India and the U.A.E.)’’; and
Removals from the Entity List granted
by the ERC involve interagency ■ f. By removing under the United Arab
■ 1. The authority citation for 15 CFR
deliberation and result from review of part 744 is revised to read as follows: Emirates, two Emirati entities,
public and non-public sources, ‘‘Beaumont Trading AG, a.k.a., the
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
including sensitive law enforcement 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C.
following one alias: -Beaumont Tradex
information and classified information, 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; India. DMCC Business Center, 49 Almas
and the measurement of such E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., Tower—JLT Dubai, U.A.E. (See alternate
information against the Entity List p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 addresses in India and Switzerland)’’;
removal criteria. This information is Comp., p. 608; E.O. 12938, 59 FR 59099, 3 and ‘‘Frank Genin, a.k.a., the following
extensively reviewed according to the CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR one alias: -Franck Genin. Villa No. 6 AL
criteria for evaluating removal requests 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026,
WASL RD, 332/45b Jumeira 1, Dubai,
from the Entity List, as set out in 15 CFR 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13099, 63 FR 45167, 3 CFR, 1998 Comp., p. Dubai 25344, U.A.E.; and Suite 608
part 744, Supplement No. 5 and 15 CFR 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Atrium Center, Bank St., Bur Dubai,
744.16(b). For reasons of national Comp., p. 783; E.O. 13224, 66 FR 49079, 3 Dubai, U.A.E., P.O. Box 16048; and
security, BIS is not at liberty to provide CFR, 2001 Comp., p. 786; Notice of August Suite 706 Atrium Center Bank Street
to the public detailed information on 4, 2016, 81 FR 52587 (August 8, 2016); Notice Bur Dubai, Dubai U.A.E.; and P.O. Box
which the ERC relied to make the of September 15, 2016, 81 FR 64343 10559 Ras Al Khaimah, U.A.E.; and P.O.
decisions to remove these entities. In (September 19, 2016); Notice of November 8,
Box 25344 Bur Dubai, Dubai, U.A.E.;
addition, the information included in 2016, 81 FR 79379 (November 10, 2016);
Notice of January 13, 2017, 82 FR 6165 and 2nd Floor, #202 Sheik Zayed Road
the removal request is information
(January 18, 2017). Dubai POB 25344 U.A.E.; and P.O. Box
exchanged between the applicant and
the ERC, which by law (section 12(c) of 28515, Dubai, U.A.E.; and 202 B Sama
Supplement No. 4 to Part 744— Tower Sheikh Tayed Road #3 Dubai,
the Export Administration Act of 1979), [Amended]
BIS is restricted from sharing with the U.A.E. P.O.Box 16048; and BC2–414,
public. Moreover, removal requests from ■ 2. Supplement No. 4 to Part 744 is RAK Free Trade Zone P.O. Box 16048
the Entity List contain confidential amended: Ras Al Khaimah, U.A.E.; and G1/RAK
business information, which is ■ a. By removing, under Germany, four Free Trade Zone RAK—U.A.E.; and G–
necessary for the extensive review German entities, ‘‘Industrio GmbH, 17 Sheikh Tayed Road #3 Ras Al
conducted by the U.S. Government in Dreichlinger Street 79, Neumarkt, 92318 Khaimah Free Trade Zone, Dubai,
assessing such removal requests. Germany’’; ‘‘Martin Hess, Dreichlinger U.A.E. (See alternate address under
Section 553(d) of the APA generally Street 79, Neumarkt, 92318 Germany’’; Hong Kong)’’.
mstockstill on DSK3G9T082PROD with RULES
provides that rules may not take effect ‘‘Peter Duenker, a.k.a., the following Dated: March 24, 2017.
earlier than thirty (30) days after they alias: -Peter Dunker. Dreichlinger Street
79, Neumarkt, 92318 Germany’’; and Matthew S. Borman,
are published in the Federal Register.
BIS finds good cause to waive the 30- ‘‘Wilhelm ‘‘Bill’’ Holler, Dreichlinger Deputy Assistant Secretary for Export
day delay in effectiveness under 5 Street 79, Neumarkt, 92318 Germany’’; Administration.
U.S.C. 553(d)(1) because this rule is a ■ b. By removing, under Hong Kong, [FR Doc. 2017–06228 Filed 3–28–17; 8:45 am]
substantive rule which relieves a one Hong Kong entity, ‘‘Frank Genin, BILLING CODE 3510–33–P
VerDate Sep<11>2014 15:57 Mar 28, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4700 Sfmt 9990 E:\FR\FM\29MRR1.SGM 29MRR1](https://thefederalregister.org/doc/82_FR_15520/page/3.svg)
Document Created: 2017-03-29 01:14:46
Document Modified: 2017-03-29 01:14:46
| 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 March 29, 2017. | |
| 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 | 82 FR 15461 | |
| RIN Number | 0694-AH28 | |
| CFR Associated | Exports; Reporting and Recordkeeping Requirements and Terrorism |
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