82 FR 2883 - Addition of Certain Persons and Revisions to Entries on the Entity List; and Removal of a Person From the Entity List
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 82, Issue 6 (January 10, 2017)
Bureau of Industry and Security
Federal Register Volume 82, Issue 6 (January 10, 2017)
| Page Range | 2883-2889 | |
| FR Document | 2016-31833 |
[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)] [Rules and Regulations] [Pages 2883-2889] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31833] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 161221999-6999-01] RIN 0694--AH23 Addition of Certain Persons and Revisions to Entries on the Entity List; and Removal of a Person From the Entity List AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule amends the Export Administration Regulations (EAR) by adding five persons to the Entity List. The five persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These five persons will be listed on the Entity List under the destination of Turkey. This final rule also removes one entity from the Entity List under the destination of India as the result of a request for removal received by BIS and a review of information provided in the removal request in accordance with the procedure for requesting removal or modification of an Entity List entity. Finally, this rule is also revising five existing entries in the Entity List, under the destinations of Armenia, Greece, Pakistan, Russia and the United Kingdom (U.K.). Four of these entries are modified to reflect the removal from the Entity List of the entity located in India. The license requirement for the entry under the destination of Russia is being revised to conform with a general license issued by the Department of the Treasury's Office of Foreign Assets Control on December 20, 2016. DATES: This rule is effective January 10, 2017. [[Page 2884]] 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 Additions to the Entity List This rule implements the decision of the ERC to add five persons to the Entity List. These five persons are being added on the basis of Sec. 744.11 (License requirements that apply to entities acting contrary to the national security or foreign policy interests of the United States) of the EAR. The five entries added to the Entity List are located in Turkey. The ERC reviewed Sec. 744.11(b) (Criteria for revising the Entity List) in making the determination to add these five persons to the Entity List. Under that paragraph, persons for whom there is reasonable cause to believe, based on specific and articulable facts, that they have been involved, are involved, or pose a significant risk of being or becoming involved in, activities that are contrary to the national security or foreign policy interests of the United States and those acting on behalf of such persons may be added to the Entity List. Paragraphs (b)(1) through (b)(5) of Sec. 744.11 include an illustrative list of activities that could be contrary to the national security or foreign policy interests of the United States. Specifically, two entities, AR Kompozit Kimya and Murat Taskiran, are being added to the Entity List as these entities exported high grade U.S.-origin carbon fiber to Iran in violation of U.S. law (i.e., 50 U.S.C. 1701 thru 1706 and 30 CFR 560.203 & 560.204). The additional three entities located in Turkey, Fulya Kalfatoglu Oguzturk, Ramor Group and Resit Tavan, are being added to the Entity List on the basis of their involvement in the procurement and/or retransfer of U.S.- origin items to Iran for use by the Iranian military. Pursuant to Sec. 744.11(b) of the EAR, the ERC determined that the conduct of these five entities raises sufficient concern that prior review of exports, reexports or transfers (in-country) of all items subject to the EAR involving these persons, and the possible imposition of license conditions or license denials on shipments to the persons, will enhance BIS's ability to prevent violations of the EAR. For the five persons added to the Entity List, BIS imposes a license requirement for all items subject to the EAR and a license review policy of presumption of denial. The license requirements apply to any transaction in which items are to be exported, reexported, or transferred (in-country) to any of the persons or in which such persons act as purchaser, intermediate consignee, ultimate consignee, or end- user. In addition, no license exceptions are available for exports, reexports, or transfers (in-country) to the persons being added to the Entity List in this rule. The acronym ``a.k.a.'' (also known as) is used in entries on the Entity List to help exporters, reexporters and transferors to better identify listed persons on the Entity List. This final rule adds the following five persons to the Entity List: Turkey (1) AR Kompozit Kimya, a.k.a., the following two aliases: --AR Composites Company Ltd; and --AR Kompozit Kimya Muhendislik Taah Dis Tic Ltd. Kuyumcukent 2, Plaza Kat 5, No 9, Yenibosna, Istanbul, Turkey; (2) Fulya Kalafatoglu Oguzturk, a.k.a., the following one alias: --Macide Fulya Kalafatoglu. Barajyolu Cd Yenisehir Mh Sinpas Koruk Konutlari No 40 Sogut Blok D1 Istanbul, Turkey; (3) Murat Taskiran, Kuyumcukent 2, Plaza Kat 5, No 9, Yenibosna, Istanbul, Turkey; (4) Ramor Group, a.k.a., the following four aliases: --Ramor Construction Food and Furniture Incorporation; --Ramor Ins; --Ramor Company; and --Ramor Ltd. Co. Unit 42, Gardenya Plaza \7/1\, 12th Floor, No: 77, Atasehir, Istanbul, Turkey 34758; and 1st.End.ve.Tic.Serbest Bol.Sub. Kopuzlar Cad.No.8 Solingen Zemin Kat Tuzla/Istanbul, Turkey; and (5) Resit Tavan, Turgotozl CD Agaoglu MySkyTowers, A Blok D 12, Istanbul, Turkey 34758. Removal From the Entity List This rule implements a decision of the ERC to remove the following entry from the Entity List on the basis of on a removal request received by the BIS: Veteran Avia LLC, located in India. The ERC decided to remove Veteran Avia LLC (India) based on information received by BIS regarding activities at the listed location in India and further review conducted by the ERC. This final rule implements the decision to remove the following entity located in India from the Entity List: India (1) Veteran Avia LLC, a.k.a., the following one alias: --Veteran Airline. A-107, Lajpat Nagar--I, New Delhi 110024, India and Room No. 34 Import Cargo, IGI Airport Terminal--II, New Delhi 110037, India; and 25B, Camac Street 3E, Camac Court Kolkatta, 700016, India; and Ali's Chamber #202, 2nd Floor Sahar Cargo Complex Andheri East Mumbai, 400099, India. (See also addresses under Armenia, Greece, Pakistan, and U.K). The removal of the person referenced above, which was approved by the ERC, eliminates the existing license requirements in Supplement No. 4 to part 744 for exports, reexports and transfers (in-country) to this entity. However, the removal of this person 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 [[Page 2885]] 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. Revisions to Entries on the Entity List Modification to License Requirements for an Entry on the Entity List On December 20, 2016, the Department of the Treasury's Office of Foreign Assets Control (OFAC) issued General License No. 11, Authorizing Certain Transactions With FAU Glavgosekspertiza Rossii, an entity in the Russian Federation. This general license authorizes transactions otherwise prohibited by Executive Order 13685 (E.O.) of December 19, 2014 that are ordinarily incident and necessary to requesting, contracting for, paying for, receiving, or utilizing a project design review or permit from FAU Glavgosekspertiza Rossii's office(s) in the Russian Federation, provided that the underlying project is located wholly within the Russian Federation, and none of the transactions otherwise violate Executive Order (E.O.) 13685 of December 19, 2014. Any questions regarding to the scope of this general license should be directed to OFAC. In light of OFAC's General License No. 11, BIS makes a conforming change by modifying the listing for FAU `Glavgosekspertiza Rossii' on the Entity List under the destination of Russia (the term used in the EAR for the Russian Federation). This final rule modifies the license requirement column for this entity to specify that the Entity List's license requirements do not apply to items subject to the EAR that are related to transactions authorized by OFAC pursuant to new General License No. 11 (transactions that are ordinarily incident and necessary to requesting, contracting for, paying for, receiving or utilizing a project design review or permit from this listed entity's office(s) in Russia, so long as the underlying project occurs wholly within Russia and no transactions otherwise violate E.O. 13685). The listing for Ukraine on the Commerce Country Chart, Supp. No. 1 to part 738 of the EAR, includes a footnote that defines the ``Crimea region of Ukraine'' consistent with section 8(d) of E.O. 13685. FAU `Glavgosekspertiza Rossii' continues to be listed under both Russia and the Crimea region of Ukraine on the Entity List. This final rule amends only the entry under Russia; it does not make any change to the entry listed under the Crimea region of Ukraine. The license requirement for FAU `Glavgosekspertiza Rossii' listed under the destination of the Crimea region of Ukraine continues to apply to all items subject to the EAR. Conforming Changes for an Approved Removal From the Entity List This final rule revises four entries in the Entity List for the entity Veteran Avia LLC, a.k.a., Veteran Airline, under the destinations of Armenia, Greece, Pakistan and the United Kingdom. As described above, the ERC approved the removal of Veteran Avia LLC (India). Therefore, this final rule makes conforming changes to the remaining four entries for the entity to remove the cross references to India. This final rule does not make any other changes to these four entries, except for revising the Federal Register citation column to reflect this conforming change being made to these four entities. The license requirement for the four entries remains all items subject to the EAR, and the license application review policy remains a presumption of denial. This final rule makes the following revisions to five entries on the Entity List: Armenia (1) Veteran Avia LLC, a.k.a., the following one alias: --Veteran Airline. 64, Baghramyam Avenue, Apt 16, Yerevan 0033, Armenia; and 1 Eervand Kochari Street Room 1, 375070 Yerevan, Armenia (See also addresses under Greece, Pakistan, and U.K.). Greece (1) Veteran Avia LLC, a.k.a., the following one alias: --Veteran Airline. 24, A. Koumbi Street, Markopoulo 190 03, Attika, Greece (See also addresses under Armenia, Pakistan, and U.K.). Pakistan (1) Veteran Avia LLC, a.k.a., the following one alias: --Veteran Airline. Room No. 1, ALC Building, PIA Cargo Complex Jiap, Karachi, Pakistan (See also addresses under Armenia, Greece, and U.K.). Russia (1) FAU `Glavgosekspertiza Rossii', a.k.a., the following three aliases: --Federal Autonomous Institution `Main Directorate of State Examination'; --General Board of State Expert Review; and --Glavgosekspertiza. Furkasovskiy Lane, building 6, Moscow 101000, Russia (See alternate address under Crimea region of Ukraine). Note: As described above, the changes this final rule makes to this Russian entity are limited to the License requirement column for this entry. United Kingdom (1) Veteran Avia LLC, a.k.a., the following one alias: --Veteran Airline. 1 Beckett Place, South Hamptonshire, London, U.K. (See also addresses under Armenia, Greece, and Pakistan). Savings Clause Shipments of items removed from eligibility for a License Exception or export or reexport without a license (NLR) as a result of this regulatory action that were en route aboard a carrier to a port of export or reexport, on January 10, 2017, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export or reexport without a license (NLR). Export Administration Act 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 [[Page 2886]] 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 five persons added to the Entity List in this final rule, the provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public comment and a delay in effective date are inapplicable because this regulation involves a military or foreign affairs function of the United States. (See 5 U.S.C. 553(a)(1)). BIS implements this rule to protect U.S. national security or foreign policy interests by preventing items from being exported, reexported, or transferred (in- country) to the persons being added to the Entity List. If this rule were delayed to allow for notice and comment and a delay in effective date, the entities being added to the Entity List by this action would continue to be able to receive items without a license and to conduct activities contrary to the national security or foreign policy interests of the United States. In addition, publishing a proposed rule would give these parties notice of the U.S. Government's intention to place them on the Entity List and would create an incentive for these persons to either accelerate receiving items subject to the EAR to conduct activities that are contrary to the national security or foreign policy interests of the United States, and/or to take steps to set up additional aliases, change addresses, and other measures to try to limit the impact of the listing on the Entity List once a final rule was published. Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared. 5. For the one entry 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 Entity List, the nature and terms of which are set forth in 15 CFR part 744, Supplement No. 5, as noted in 15 CFR 744.16(b). The information, commitments, and criteria for this extensive review were all established through the notice of proposed rulemaking and public comment process (72 FR 31005 (June 5, 2007) (proposed rule), and 73 FR 49311 (August 21, 2008) (final rule)). This one removal has been made within the established regulatory framework of the Entity List. If the rule were to be delayed to allow for public comment, U.S. exporters may face unnecessary economic losses as they turn away potential sales to the entity 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 applicant to receive U.S. exports immediately since the applicant already has received approval by the ERC pursuant to 15 CFR part 744, Supplement No. 5, as noted in 15 CFR 744.16(b). 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 this entity. In addition, the information included in the removal request is information exchanged between the applicant and the ERC, which by law (section 12(c) of the Export Administration Act 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 one person from the Entity List removes a requirement (the Entity-List- based license requirement and limitation on use of license exceptions) on this person being removed from the Entity List. The rule does not impose a requirement on any other person for the removal from the Entity List. In addition, the Department finds that there is good cause under 5 U.S.C. 553(b)(B) to waive the provisions of the Administrative Procedure Act (APA) requiring prior notice and the opportunity for public comment for the five conforming changes included in this rule because they are either unnecessary or contrary to the public interest. These five conforming changes are limited to ensure consistency with a removal included in this rulemaking or consistency with OFAC's General License No. 11, and thus prior notice and the opportunity for public comment are unnecessary. The conforming change to the listing for FAU [[Page 2887]] `Glavgosekspertiza Rossii' is intended to ensure consistent treatment of this entity under both the EAR and OFAC's sanctions regime. The other four conforming changes are limited to reflecting the removal of Veteran Avia LLC (India). These four changes are needed to correct the cross-referencing parenthetical phrase included in each of these four entries. 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 continues to read as follows: Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of 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); Notice of November 8, 2016, 81 FR 79379 (November 10, 2016). 0 2. Supplement No. 4 to part 744 is amended: 0 a. By revising, under Armenia, one Armenian entity ``Veteran Avia LLC, a.k.a., the following one alias:--Veteran Airline. 64, Baghramyam Avenue, Apt 16, Yerevan 0033, Armenia; and 1 Eervand Kochari Street Room 1, 375070 Yerevan, Armenia (See also addresses under Greece, India, Pakistan, and U.K.)'' ; 0 b. By revising, under Greece, one Greek entity ``Veteran Avia LLC, a.k.a., the following one alias:--Veteran Airline. 24, A. Koumbi Street, Markopoulo 190 03, Attika, Greece (See also addresses under Armenia, India, Pakistan, and U.K.)'' ; 0 c. By removing, under India, one Indian entity, ``Veteran Avia LLC, a.k.a., the following one alias:--Veteran Airline. A-107, Lajpat Nagar--I, New Delhi 110024, India; and Room No. 34 Import Cargo, IGI Airport Terminal--II, New Delhi 110037, India; and 25B, Camac Street 3E, Camac Court Kolkatta, 700016, India; and Ali's Chamber #202, 2nd Floor Sahar Cargo Complex Andheri East Mumbai, 400099, India (See also addresses under Armenia, Greece, Pakistan, and U.K.).'' ; 0 d. By revising, under Pakistan, one Pakistani entity, ``Veteran Avia LLC, a.k.a., the following one alias:--Veteran Airline. Room No. 1, ALC Building, PIA Cargo Complex Jiap, Karachi, Pakistan (See also addresses under Armenia, Greece, India, U.A.E., and U.K.)''; 0 e. By revising, under Russia, one Russian entity ``FAU `Glavgosekspertiza Rossii', a.k.a., the following three aliases:-- Federal Autonomous Institution `Main Directorate of State Examination';--General Board of State Expert Review; and-- Glavgosekspertiza. Furkasovskiy Lane, building 6, Moscow 101000, Russia (See alternate address under Crimea region of Ukraine).''; 0 f. By adding, under Turkey, in alphabetical order, five Turkish entities; and 0 g. By revising, under the United Kingdom, one British entity ``Veteran Avia LLC, a.k.a., the following one alias:--Veteran Airline. 1 Beckett Place, South Hamptonshire, London, U.K. (See also addresses under Armenia, Greece, India, and Pakistan).'' The additions and revisions read as follows: Supplement No. 4 to Part 744--Entity List * * * * * ---------------------------------------------------------------------------------------------------------------- License review Federal Register Country Entity License requirement policy citation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ARMENIA................ * * * * * * Veteran Avia LLC a.k.a., the For all items Presumption of 79 FR 44683, 8/1/ following alias: subject to the denial. 14. 81 FR 8829, --Veteran Airline. EAR. (See Sec. 2/23/16. 82 FR 64, Baghramyam Avenue, Apt 744.11 of the [INSERT FR PAGE 16, Yerevan 0033, Armenia; EAR). NUMBER] 1/10/17. and 1 Eervand Kochari Street Room 1, 375070 Yerevan, Armenia (See also addresses under Greece, Pakistan, and U.K.). * * * * * * * ---------------------------------------------------------------------------------------------------------------- GREECE................. * * * * * * Veteran Avia LLC a.k.a., the For all items Presumption of 79 FR 56003, 9/18/ following alias: subject to the denial. 14. 81 FR 8829, --Veteran Airline. EAR. (See Sec. 2/23/16. 82 FR 24, A. Koumbi Street, 744.11 of the [INSERT FR PAGE Markopoulo 190 03, Attika, EAR). NUMBER] 1/10/17. Greece (See also addresses under Armenia, Pakistan, and U.K.). * * * * * * * ---------------------------------------------------------------------------------------------------------------- PAKISTAN............... * * * * * * [[Page 2888]] Veteran Avia LLC, a.k.a., For all items Presumption of 79 FR 56003, 9/18/ the following one alias: subject to the denial. 14. 81 FR 8829, --Veteran Airline. EAR. (See Sec. 2/23/16. 82 FR Room No. 1, ALC Building, 744.11 of the [INSERT FR PAGE PIA Cargo Complex Jiap, EAR). NUMBER] 1/10/17. Karachi, Pakistan (See also addresses under Armenia, Greece, and U.K.). * * * * * * * ---------------------------------------------------------------------------------------------------------------- RUSSIA................. * * * * * * FAU `Glavgosekspertiza For all items Presumption of 81 FR 61601, 9/7/ Rossii', a.k.a., the subject to the EAR denial. 16. 82 FR following three aliases: (see Sec. 744.11 [INSERT FR PAGE --Federal Autonomous of the EAR), apart NUMBER] 1/10/17. Institution `Main from items that Directorate of State are related to Examination'; transactions that --General Board of State are authorized by Expert Review; and the Department of --Glavgosekspertiza. the Treasury's Furkasovskiy Lane, building Office of Foreign 6, Moscow 101000, Russia Assets Control (See alternate address pursuant to under Crimea region of General License Ukraine). No. 11 of December 20, 2016. Russia does not include the ``Crimea region of Ukraine,'' as that term is defined in section 8(d) of E.O. 13685. * * * * * * * ---------------------------------------------------------------------------------------------------------------- TURKEY................. * * * * * * AR Kompozit Kimya, a.k.a., For all items Presumption of 82 FR [INSERT FR the following two aliases: subject to the denial. PAGE NUMBER] 1/ --AR Composites Company Ltd; EAR. (See Sec. 10/17. and 744.11 of the --AR Kompozit Kimya EAR). Muhendislik Taah Dis Tic Ltd. Kuyumcukent 2, Plaza Kat 5, No 9, Yenibosna, Istanbul, Turkey. * * * * * * Fulya Kalafatoglu Oguzturk, For all items Presumption of 82 FR [INSERT FR a.k.a., the following one subject to the denial. PAGE NUMBER] 1/ alias: EAR. (See Sec. 10/17. --Macide Fulya Kalafatoglu. 744.11 of the Barajyolu Cd Yenisehir Mh EAR). Sinpas Koruk Konutlari No 40 Sogut Blok D1 Istanbul, Turkey. * * * * * * Murat Taskiran, Kuyumcukent For all items Presumption of 82 FR [INSERT FR 2, Plaza Kat 5, No 9, subject to the denial. PAGE NUMBER] 1/ Yenibosna, Istanbul, EAR. (See Sec. 10/17. Turkey. 744.11 of the EAR). * * * * * * Ramor Group, a.k.a., the For all items Presumption of 82 FR [INSERT FR following four aliases: subject to the denial. PAGE NUMBER] 1/ --Ramor Construction Food EAR. (See Sec. 10/17. and Furniture 744.11 of the Incorporation; EAR). --Ramor Ins; --Ramor Company; and --Ramor Ltd. Co. Unit 42, Gardenya Plaza \7/ 1\, 12th Floor, No: 77, Atasehir, Istanbul, Turkey 34758; and 1st.End. ve.Tic.Serbest Bol.Sub. Kopuzlar Cad.No.8 Solingen Zemin Kat Tuzla/Istanbul, Turkey. Resit Tavan, Turgotozl CD For all items Presumption of 82 FR [INSERT FR Agaoglu MySkyTowers, A Blok subject to the denial. PAGE NUMBER] 1/ D 12, Istanbul, Turkey EAR. (See Sec. 10/17. 34758. 744.11 of the EAR). * * * * * * * ---------------------------------------------------------------------------------------------------------------- UNITED KINGDOM......... * * * * * * [[Page 2889]] Veteran Avia LLC a.k.a., the For all items Presumption of 79 FR 56003, 9/18/ following alias: subject to the denial. 14. 81 FR 8829, --Veteran Airline. EAR. (See Sec. 2/23/16. 82 FR 1 Beckett Place, South 744.11 of the [INSERT FR PAGE Hamptonshire, London, U.K. EAR). NUMBER] 1/10/17. (See also addresses under Armenia, Greece, and Pakistan). * * * * * * ---------------------------------------------------------------------------------------------------------------- Dated: December 28, 2016. Alexander K. Lopes, Jr., Acting Assistant Secretary for Export Administration. [FR Doc. 2016-31833 Filed 1-9-17; 8:45 am] BILLING CODE 3510-33-P
![Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Rules and Regulations 2883
y.4. Space grade or for spacecraft ■ f. By adding ‘‘items’’ paragraph f. in ECCN 9B515, or ‘‘software’’ controlled by
applications hall effect sensors; the list of Items Controlled section to ECCN 9D515.a.
y.5. Space grade or for spacecraft read as follows: * * * * *
applications subminiature (SMA and SMP) f. ‘‘Technology’’ ‘‘required’’ for the
plugs and connectors, TNC plugs and cable 9E515 ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ installation,
and connector assemblies with SMA plugs ‘‘development,’’ ‘‘production,’’
repair (including on-orbit anomaly resolution
and connectors; and operation, installation, repair, overhaul,
and analysis beyond established procedures),
y.6. Space grade or for spacecraft or refurbishing of ‘‘spacecraft’’ and
overhaul, or refurbishing of commodities
applications flight cable assemblies. related commodities, as follows (see List
controlled by ECCN 9A515.a.1, .a.2, .a.3, .a.4,
of Items Controlled).
■ 10. In Supplement No. 1 to Part 774, or .g.
Category 9—Aerospace and Propulsion, License Requirements * * * * *
ECCN 9B515 is amended: * * * * * Dated: December 27, 2016.
■ a. By revising the License Kevin J. Wolf,
Requirements section; and Country chart
Control(s) (see Supp. No. 1 to Assistant Secretary of Commerce for Export
■ b. By revising ‘‘items’’ paragraph a. in
part 738) Administration.
the List of Items Controlled section to
[FR Doc. 2016–31755 Filed 1–9–17; 8:45 am]
read as follows: NS applies to entire NS Column 1
BILLING CODE P
9B515 Test, inspection, and production entry except
‘‘equipment’’ ‘‘specially designed’’ for 9E515.y.
‘‘spacecraft’’ and related commodities, MT applies to tech- MT Column 1
nology for items in DEPARTMENT OF COMMERCE
as follows (see List of Items Controlled).
9A515.d,
License Requirements 9A515.e.2 and Bureau of Industry and Security
Reason for Control: NS, MT, RS, AT 9B515.a controlled
for MT reasons. 15 CFR Part 744
Country chart RS applies to entire RS Column 1
[Docket No. 161221999–6999–01]
Control(s) (see Supp. No. 1 to entry except
part 738) 9E515.y. RIN 0694—AH23
AT applies to entire AT Column 1
NS applies to entire NS Column 1 entry. Addition of Certain Persons and
entry. Revisions to Entries on the Entity List;
MT applies to equip- MT Column 1 LICENSE REQUIREMENT NOTE: The Commerce
Country Chart is not used for determining and Removal of a Person From the
ment in 9B515.a Entity List
for the ‘‘develop- license requirements for ‘‘technology’’
classified ECCN 9E515.f. See § 742.6(a)(8),
ment’’ or ‘‘produc- AGENCY: Bureau of Industry and
which specifies that such ‘‘technology’’ is
tion’’ of commod- Security, Commerce.
subject to a worldwide license requirement.
ities in USML Cat- ACTION: Final rule.
egory XV(e)(12) * * * * *
and XV(e)(19) that SUMMARY: This rule amends the Export
are MT controlled. Special Conditions for STA
Administration Regulations (EAR) by
RS applies to entire RS Column 1 STA: (1) Paragraph (c)(1) of License
Exception STA (§ 740.20(c)(1) of the EAR)
adding five persons to the Entity List.
entry.
AT applies to entire AT Column 1 may not be used for ECCN 9E515.b, .d, .e, The five persons who are added to the
entry. or .f unless determined by BIS to be Entity List have been determined by the
eligible for License Exception STA in U.S. Government to be acting contrary
* * * * * accordance with § 740.20(g) (License to the national security or foreign policy
Items: Exception STA eligibility requests for interests of the United States. These five
a. Test, inspection, and production certain 9x515 and ‘‘600 series’’ items). persons will be listed on the Entity List
‘‘equipment’’ ‘‘specially designed’’ for the * * *
‘‘production’’ or ‘‘development’’ of
under the destination of Turkey. This
commodities enumerated in ECCNs 9A004.u, List of Items Controlled final rule also removes one entity from
9A515.a, or USML Category XV(a) or XV(e). Related Controls: Technical data directly the Entity List under the destination of
NOTE: ECCN 9B515.a includes equipment, related to articles enumerated in USML India as the result of a request for
cells, and stands ‘‘specially designed’’ for the Category XV are subject to the control of removal received by BIS and a review of
analysis or isolation of faults in commodities USML paragraph XV(f). See also ECCNs information provided in the removal
enumerated in ECCNs 9A004.u or 9A515.a, 3E001, 3E003, 6E001, and 6E002 for request in accordance with the
or USML Category XV(a) or XV(e). specific ‘‘space-qualified’’ items. See procedure for requesting removal or
ECCNs 9E001 and 9E002 for technology for modification of an Entity List entity.
* * * * * the International Space Station, the James
Finally, this rule is also revising five
■ 11. In Supplement No. 1 to Part 774, Webb Space Telescope (JWST) and ‘‘parts,’’
‘‘components,’’ ‘‘accessories,’’ and existing entries in the Entity List, under
Category 9—Aerospace and Propulsion,
‘‘attachments’’ ‘‘specially designed’’ the destinations of Armenia, Greece,
ECCN 9E515 is amended:
■ a. By revising the License therefor. See USML category XV(f) for Pakistan, Russia and the United
Requirements table; controls on technical data and defense Kingdom (U.K.). Four of these entries
services related to launch vehicle are modified to reflect the removal from
■ b. By adding a License Requirement
integration. the Entity List of the entity located in
Note at the end of the License
Requirements section; * * * * * India. The license requirement for the
pmangrum on DSK3GDR082PROD with RULES
■ c. By revising paragraph (1) in the
Items: entry under the destination of Russia is
a. ‘‘Technology’’ ‘‘required’’ for the being revised to conform with a general
Special Conditions for STA section; ‘‘development,’’ ‘‘production,’’ installation,
■ d. By revising the Related Controls license issued by the Department of the
repair (including on-orbit anomaly resolution
paragraph in the List of Items Controlled and analysis beyond established procedures),
Treasury’s Office of Foreign Assets
section; overhaul, or refurbishing of commodities Control on December 20, 2016.
■ e. By revising ‘‘items’’ paragraph a. in controlled by ECCN 9A515 (except DATES: This rule is effective January 10,
the List of Items Controlled section; and 9A515.a.1, .a.2, .a.3, .a.4, .b, .d, .e, or .g), 2017.
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![Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Rules and Regulations 2887
‘Glavgosekspertiza Rossii’ is intended to CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 700016, India; and Ali’s Chamber #202,
ensure consistent treatment of this 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 2nd Floor Sahar Cargo Complex
entity under both the EAR and OFAC’s 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. Andheri East Mumbai, 400099, India
sanctions regime. The other four 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. (See also addresses under Armenia,
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
conforming changes are limited to Comp., p. 783; E.O. 13224, 66 FR 49079, 3
Greece, Pakistan, and U.K.).’’ ;
reflecting the removal of Veteran Avia CFR, 2001 Comp., p. 786; Notice of ■ d. By revising, under Pakistan, one
LLC (India). These four changes are November 12, 2015, 80 FR 70667 (November Pakistani entity, ‘‘Veteran Avia LLC,
needed to correct the cross-referencing 13, 2015); Notice of January 20, 2016, 81 FR a.k.a., the following one alias:—Veteran
parenthetical phrase included in each of 3937 (January 22, 2016); Notice of August 4, Airline. Room No. 1, ALC Building, PIA
these four entries. 2016, 81 FR 52587 (August 8, 2016); Notice Cargo Complex Jiap, Karachi, Pakistan
No other law requires that a notice of of September 15, 2016, 81 FR 64343 (See also addresses under Armenia,
proposed rulemaking and an (September 19, 2016); Notice of November 8,
2016, 81 FR 79379 (November 10, 2016).
Greece, India, U.A.E., and U.K.)’’;
opportunity for public comment be
■ e. By revising, under Russia, one
given for this final rule. Because a ■ 2. Supplement No. 4 to part 744 is
notice of proposed rulemaking and an Russian entity ‘‘FAU ‘Glavgosekspertiza
amended: Rossii’, a.k.a., the following three
opportunity for public comment are not ■ a. By revising, under Armenia, one
required under the APA or by any other aliases:—Federal Autonomous
Armenian entity ‘‘Veteran Avia LLC,
law, the analytical requirements of the Institution ‘Main Directorate of State
a.k.a., the following one alias:—Veteran
Regulatory Flexibility Act (5 U.S.C. 601 Examination’;—General Board of State
Airline. 64, Baghramyam Avenue, Apt
et seq.) are not applicable. As a result, Expert Review; and—Glavgosekspertiza.
16, Yerevan 0033, Armenia; and 1
no final regulatory flexibility analysis is Furkasovskiy Lane, building 6, Moscow
Eervand Kochari Street Room 1, 375070
required and none has been prepared. 101000, Russia (See alternate address
Yerevan, Armenia (See also addresses
under Crimea region of Ukraine).’’;
List of Subjects in 15 CFR Part 744 under Greece, India, Pakistan, and
U.K.)’’ ; ■ f. By adding, under Turkey, in
Exports, Reporting and recordkeeping ■ b. By revising, under Greece, one alphabetical order, five Turkish entities;
requirements, Terrorism. Greek entity ‘‘Veteran Avia LLC, a.k.a., and
Accordingly, part 744 of the Export the following one alias:—Veteran ■ g. By revising, under the United
Administration Regulations (15 CFR Airline. 24, A. Koumbi Street, Kingdom, one British entity ‘‘Veteran
parts 730–774) is amended as follows: Markopoulo 190 03, Attika, Greece (See Avia LLC, a.k.a., the following one
also addresses under Armenia, India, alias:—Veteran Airline. 1 Beckett Place,
PART 744—[AMENDED] Pakistan, and U.K.)’’ ; South Hamptonshire, London, U.K. (See
■ 1. The authority citation for 15 CFR ■ c. By removing, under India, one also addresses under Armenia, Greece,
part 744 continues to read as follows: Indian entity, ‘‘Veteran Avia LLC, a.k.a., India, and Pakistan).’’
the following one alias:—Veteran The additions and revisions read as
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. Airline. A–107, Lajpat Nagar—I, New
1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. follows:
2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; Delhi 110024, India; and Room No. 34
Import Cargo, IGI Airport Terminal—II, Supplement No. 4 to Part 744—Entity
E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., List
p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 New Delhi 110037, India; and 25B,
Comp., p. 608; E.O. 12938, 59 FR 59099, 3 Camac Street 3E, Camac Court Kolkatta, * * * * *
License
Country Entity License requirement Federal Register citation
review policy
* * * * * * *
ARMENIA ......... * * * * * *
Veteran Avia LLC a.k.a., the following For all items subject to Presumption of denial ...... 79 FR 44683, 8/1/14. 81
alias: the EAR. (See § 744.11 FR 8829, 2/23/16. 82
—Veteran Airline. of the EAR). FR [INSERT FR PAGE
64, Baghramyam Avenue, Apt 16, NUMBER] 1/10/17.
Yerevan 0033, Armenia; and 1
Eervand Kochari Street Room 1,
375070 Yerevan, Armenia (See also
addresses under Greece, Pakistan,
and U.K.).
* * * * * * *
GREECE .......... * * * * * *
Veteran Avia LLC a.k.a., the following For all items subject to Presumption of denial ...... 79 FR 56003, 9/18/14. 81
alias: the EAR. (See § 744.11 FR 8829, 2/23/16. 82
—Veteran Airline. of the EAR). FR [INSERT FR PAGE
24, A. Koumbi Street, Markopoulo 190 NUMBER] 1/10/17.
pmangrum on DSK3GDR082PROD with RULES
03, Attika, Greece (See also ad-
dresses under Armenia, Pakistan,
and U.K.).
* * * * * * *
PAKISTAN ........ * * * * * *
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![2888 Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Rules and Regulations
License
Country Entity License requirement Federal Register citation
review policy
Veteran Avia LLC, a.k.a., the following For all items subject to Presumption of denial ...... 79 FR 56003, 9/18/14. 81
one alias: the EAR. (See § 744.11 FR 8829, 2/23/16. 82
—Veteran Airline. of the EAR). FR [INSERT FR PAGE
Room No. 1, ALC Building, PIA Cargo NUMBER] 1/10/17.
Complex Jiap, Karachi, Pakistan
(See also addresses under Armenia,
Greece, and U.K.).
* * * * * * *
RUSSIA ............ * * * * * *
FAU ‘Glavgosekspertiza Rossii’, a.k.a., For all items subject to Presumption of denial ...... 81 FR 61601, 9/7/16. 82
the following three aliases: the EAR (see § 744.11 FR [INSERT FR PAGE
—Federal Autonomous Institution ‘Main of the EAR), apart from NUMBER] 1/10/17.
Directorate of State Examination’; items that are related to
—General Board of State Expert Re- transactions that are
view; and authorized by the De-
—Glavgosekspertiza. partment of the Treas-
Furkasovskiy Lane, building 6, Moscow ury’s Office of Foreign
101000, Russia (See alternate ad- Assets Control pursuant
dress under Crimea region of to General License No.
Ukraine). 11 of December 20,
2016. Russia does not
include the ‘‘Crimea re-
gion of Ukraine,’’ as
that term is defined in
section 8(d) of E.O.
13685.
* * * * * * *
TURKEY ........... * * * * * *
AR Kompozit Kimya, a.k.a., the fol- For all items subject to Presumption of denial ...... 82 FR [INSERT FR PAGE
lowing two aliases: the EAR. (See § 744.11 NUMBER] 1/10/17.
—AR Composites Company Ltd; and of the EAR).
—AR Kompozit Kimya Muhendislik
Taah Dis Tic Ltd.
Kuyumcukent 2, Plaza Kat 5, No 9,
Yenibosna, Istanbul, Turkey.
* * * * * *
Fulya Kalafatoglu Oguzturk, a.k.a., the For all items subject to Presumption of denial ...... 82 FR [INSERT FR PAGE
following one alias: the EAR. (See § 744.11 NUMBER] 1/10/17.
—Macide Fulya Kalafatoglu. of the EAR).
Barajyolu Cd Yenisehir Mh Sinpas
Koruk Konutlari No 40 Sogut Blok D1
Istanbul, Turkey.
* * * * * *
Murat Taskiran, Kuyumcukent 2, Plaza For all items subject to Presumption of denial ...... 82 FR [INSERT FR PAGE
Kat 5, No 9, Yenibosna, Istanbul, the EAR. (See § 744.11 NUMBER] 1/10/17.
Turkey. of the EAR).
* * * * * *
Ramor Group, a.k.a., the following four For all items subject to Presumption of denial ...... 82 FR [INSERT FR PAGE
aliases: the EAR. (See § 744.11 NUMBER] 1/10/17.
—Ramor Construction Food and Fur- of the EAR).
niture Incorporation;
—Ramor Ins;
—Ramor Company; and
—Ramor Ltd. Co.
Unit 42, Gardenya Plaza 7⁄1, 12th
Floor, No: 77, Atasehir, Istanbul, Tur-
key 34758; and 1st.End.
ve.Tic.Serbest Bol.Sub. Kopuzlar
Cad.No.8 Solingen Zemin Kat Tuzla/
Istanbul, Turkey.
pmangrum on DSK3GDR082PROD with RULES
Resit Tavan, Turgotozl CD Agaoglu For all items subject to Presumption of denial ...... 82 FR [INSERT FR PAGE
MySkyTowers, A Blok D 12, Istanbul, the EAR. (See § 744.11 NUMBER] 1/10/17.
Turkey 34758. of the EAR).
* * * * * * *
UNITED KING- * * * * * *
DOM.
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![Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Rules and Regulations 2889
License
Country Entity License requirement Federal Register citation
review policy
Veteran Avia LLC a.k.a., the following For all items subject to Presumption of denial ...... 79 FR 56003, 9/18/14. 81
alias: the EAR. (See § 744.11 FR 8829, 2/23/16. 82
—Veteran Airline. of the EAR). FR [INSERT FR PAGE
1 Beckett Place, South Hamptonshire, NUMBER] 1/10/17.
London, U.K. (See also addresses
under Armenia, Greece, and Paki-
stan).
* * * * * *
Dated: December 28, 2016. are subject to the jurisdiction of the systems, cryocoolers and vibration
Alexander K. Lopes, Jr., Export Administration Regulations suppression systems. Paragraphs
Acting Assistant Secretary for Export (‘‘EAR,’’ 15 CFR parts 730–774, which (a)(7)(i) and (e)(2) are amended to clarify
Administration. includes the Commerce Control List the size of the respective aperture
[FR Doc. 2016–31833 Filed 1–9–17; 8:45 am] (CCL) in Supplement No. 1 to part 774), dimension of specific electro-optical
BILLING CODE 3510–33–P administered by the Bureau of Industry remote sensing capabilities and space
and Security (BIS), U.S. Department of qualified optics.
Commerce. Both the ITAR and the EAR Three commenters stated that the
DEPARTMENT OF STATE impose license requirements on exports aperture dimensions in paragraph
and reexports. Items not subject to the (a)(7)(i) (electro-optical satellite
22 CFR Part 121 ITAR or to the exclusive licensing systems) should be raised from 0.35m to
jurisdiction of any other set of at or below 1.1m to reflect the
[Public Notice: 9688]
regulations are subject to the EAR. commercial market for satellite imagery
RIN 1400–AD33 All references to the USML in this and account for technical advances in
rule are to the list of defense articles apertures and ground resolution
International Traffic in Arms controlled for the purpose of export or capabilities. The Department
Regulations: Revision of U.S. temporary import pursuant to the ITAR, acknowledges this comment and that
Munitions List Category XV and not to the defense articles on the aperture technology is evolving, and has
AGENCY: Department of State. USML that are controlled by the Bureau revised (a)(7)(i) to 0.50m to reflect the
of Alcohol, Tobacco, Firearms and current status of technology that
ACTION: Final rule. Explosives (ATF) for the purpose of provides the United States with a
SUMMARY: As part of the President’s permanent import under its regulations. critical military or intelligence
Export Control Reform (ECR) initiative, See 27 CFR part 447. Pursuant to section advantage and warrants control on the
the Department published an interim 38(a)(1) of the Arms Export Control Act USML.
final rule on May 13, 2014 that revised (AECA), all defense articles controlled
for export or import are part of the Two commenters stated that (a)(12)
Category XV (Spacecraft and Related should be revised to include a definition
Articles) of the U.S. Munitions List USML under the AECA. For the sake of
clarity, the list of defense articles of ‘‘spaceflight,’’ or an inclusion of the
(USML). After reviewing comments to word ‘‘human’’ in front of ‘‘spaceflight,’’
the interim final rule, the Department of controlled by ATF for the purpose of
permanent import is the U.S. Munitions as well as to clarify that the provision
State is amending the International does not control satellites subject to the
Traffic in Arms Regulations (ITAR) to Import List (USMIL). The transfer of
defense articles from the ITAR’s USML jurisdiction of the Department of
further revise Category XV of the USML Commerce. The Department disagrees
to describe more precisely the articles to the EAR’s CCL for the purpose of
export control does not affect the list of with this comment because the word
warranting control in that category. ‘‘spaceflight’’ was removed from
defense articles controlled on the
DATES: This final rule is effective on paragraph (a) in a November 10, 2014
USMIL under the AECA for the purpose
January 15, 2017. clean-up rule (79 FR 66608). In
of permanent import.
FOR FURTHER INFORMATION CONTACT: Mr. The Department published an interim addition, the revisions to paragraph
C. Edward Peartree, Director, Office of final rule revising USML Category XV (a)(12) herein clarify that the rule does
Defense Trade Controls Policy, on May 13, 2014 (79 FR 27180) and not control satellites subject to the
Department of State, telephone: (202) received 11 public comments on the jurisdiction of the Department of
663–2792; email: DDTCResponseTeam@ proposed changes to the ITAR. The Commerce.
state.gov. ATTN: Regulatory Change, interim final rule became effective Two commenters suggested that (c)(4)
USML Category XV. November 10, 2014, and this final rule be amended to better reflect the controls
SUPPLEMENTARY INFORMATION: The is making changes in response to the imposed by both the EAR and Missile
Directorate of Defense Trade Controls previously received comments received Technology Control Regime, and to
(DDTC), U.S. Department of State, on the interim final rule. avoid any regulatory confusion caused
administers the International Traffic in by the fact that drones and UAVs are
Arms Regulations (ITAR) (22 CFR parts Changes in This Rule already controlled under Category VIII
pmangrum on DSK3GDR082PROD with RULES
120–130). The items subject to the Paragraphs (a)(2), (a)(10), (a)(11), of the ITAR. The Department
jurisdiction of the ITAR, i.e., ‘‘defense (a)(12), (e)(4), (e)(5), (e)(11)(iv), (e)(12), acknowledges the comments, and
articles’’ and ‘‘defense services,’’ are (e)(20), and Note 3 to paragraph (a) and proposed removal of paragraph (c) to
identified on the ITAR’s U.S. Munitions Note 3 to paragraph (f) are amended to Category XII (Fire Control, Range
List (USML) (22 CFR 121.1). With few better reflect the intended scope of Finder, Optical and Guidance and
exceptions, items not subject to the control with regard to autonomous Control Equipment) (see 81 FR 8438,
export control jurisdiction of the ITAR tracking systems, logistics, propulsion Feb. 18, 2016). All public comments
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Document Created: 2018-02-01 14:54:15
Document Modified: 2018-02-01 14:54:15
| 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 January 10, 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 2883 | |
| RIN Number | 0694-AH23 | |
| CFR Associated | Exports; Reporting and Recordkeeping Requirements and Terrorism |
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