82_FR_724 82 FR 722 - Addition of Certain Entities to the Entity List

82 FR 722 - Addition of Certain Entities to the Entity List

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 2 (January 4, 2017)

Page Range722-725
FR Document2016-31969

The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding five entities to the Entity List. These five entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action in conjunction with the designations made by the Office of Foreign Asset Controls, Department of the Treasury, under amended Executive Order 13694. This final rule lists these entities on the Entity List under the destination of Russia.

Federal Register, Volume 82 Issue 2 (Wednesday, January 4, 2017)
[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Rules and Regulations]
[Pages 722-725]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31969]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 161228999-6999-01]
RIN 0694-AH27


Addition of Certain Entities to the Entity List

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 five entities to the Entity 
List. These five entities have been determined by the U.S. Government 
to be acting contrary to the national security or foreign policy 
interests of the United States. BIS is taking this action in 
conjunction with the designations made by the Office of Foreign Asset 
Controls, Department of the Treasury, under amended Executive Order 
13694. This final rule lists these entities on the Entity List under 
the destination of Russia.

DATES: This rule is effective January 4, 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 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 agencies of the ERC to add 
five entities to the Entity List. These five 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 five entries being 
added to the Entity List are 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 five entities to the Entity List, 
as further described below.

Entity Additions Consistent With Executive Order 13694

    Five entities are added based on activities that are described in 
Executive Order 13694 (80 FR 18077), Blocking the Property of Certain 
Persons Engaging in Significant Malicious Cyber-Enabled Activities, 
issued by the President on April 1, 2015 and amended on December 29, 
2016.
    As originally issued in April 2015, Executive Order 13694 created a 
new, targeted authority for the U.S. government to respond more 
effectively to the most significant of cyber threats, particularly in 
situations where malicious cyber actors operate beyond the reach of 
existing authorities, focusing on cyber-enabled malicious activities. 
Executive Order 13694 authorized the imposition of sanctions on 
individuals and entities determined

[[Page 723]]

to be responsible for or complicit in malicious cyber-enabled 
activities that result in enumerated harms that are reasonably likely 
to result in, or have materially contributed to, a significant threat 
to the national security, foreign policy, or economic health or 
financial stability of the United States. Under Section 8 of the 
Executive Order 13694, 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.
    On December 29, 2016, the President issued an Executive Order 
Taking Additional Steps To Address The National Emergency With Respect 
To Significant Malicious Cyber-Enabled Activities, which amended 
Executive Order 13694. With this action, the existing authorities have 
been amended to also allow for the imposition of sanctions on 
individuals and entities determined to be responsible for tampering, 
altering, or causing the misappropriation of information with the 
purpose or effect of interfering with or undermining election processes 
or institutions. Five entities and four individuals are identified in 
the Annex of the amended Executive Order and have been added to OFAC's 
list of Specially Designated Nationals and Blocked Persons (SDN List). 
OFAC also designated an additional two individuals who also were added 
to the SDN List.
    BIS, pursuant to Executive Order 13694, as amended, and in 
consultation with the Departments of State, Defense, Energy, and the 
Treasury, has designated the five entities specified in the next three 
paragraphs.
    The Main Intelligence Directorate (a.k.a., the following two 
aliases: Glavnoe Razvedyvatel'noe Upravlenie; and GRU) is involved in 
external collection using human intelligence officers and a variety of 
technical tools, and is designated for tampering, altering, or causing 
a misappropriation of information with the purpose or effect of 
interfering with the 2016 U.S. election processes.
    The Federal Security Service (FSB), (f.k.a., Esage Lab) a.k.a., 
Federalnaya Sluzhba Bezopasnosti, assisted the GRU in conducting the 
activities described above.
    There were also three other entities involved: (1) The Special 
Technology Center, (a.k.a., STLC, Ltd.) assisted the GRU in conducting 
signals intelligence operations; (2) Zorsecurity Center (a.k.a., Esage 
Lab) provided the GRU with technical research and development; and (3) 
the Autonomous Noncommercial Organization Professional Association of 
Designers of Data Processing Systems (a.k.a., ANO PO KSI) provided 
specialized training to the GRU.
    With these additions, BIS imposes on these entities 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 13694.
    This final rule adds the following five entities to the Entity 
List:
Russia
    (1) Autonomous Noncommercial Organization Professional Association 
of Designers of Data Processing Systems, a.k.a., the following one 
alias:

--ANO PO KSI.

    Prospekt Mira D 68, Str 1A, Moscow 129110, Russia; and Dom 3, 
Lazurnaya Ulitsa, Solnechnogorskiy Raion, Andreyevka, Moscow Region 
141551, Russia;
    (2) Federal Security Service (FSB), a.k.a., the following one 
alias:

--Federalnaya Sluzhba Bezopasnosti.

    Ulitsa Kuznetskiy Most, Dom 22, Moscow 107031, Russia; and 
Lubyanskaya Ploschad, Dom 2, Moscow 107031, Russia;
    (3) Main Intelligence Directorate, a.k.a., the following three 
aliases

--Glavnoe Razvedyvatel'noe Upravlenie;
--GRU; and
--Main Intelligence Department.

    Khoroshevskoye Shosse 76, Khodinka, Moscow, Russia; and Ministry of 
Defence of the Russian Federation, Frunzenskaya nab., 22/2, Moscow 
119160, Russia;
    (4) Special Technology Center, a.k.a., the following one alias:

--STC, Ltd.

    Gzhatskaya 21 k2, St. Petersburg, Russia; and 21-2 Gzhatskaya 
Street, St. Petersburg, Russia; and
    (5) Zorsecurity Center (f.k.a., Esage Lab), a.k.a., the following 
one alias:

--TSOR Security.

    Luzhnetskaya Embankment \2/4\, Building 17, Office 444, Moscow 
119270, Russia.
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.
    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

[[Page 724]]

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.
    Further, no other law requires that a notice of proposed rulemaking 
and an opportunity for public comment be given for this rule. Because a 
notice of proposed rulemaking and an opportunity for public comment are 
not required to be given for this rule by 5 U.S.C. 553, or by any other 
law, the analytical requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., are not applicable. Accordingly, no regulatory 
flexibility analysis is required and none has been prepared.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    For the reasons stated in the preamble, the Bureau of Industry and 
Security amends part 744 of the Export Administration Regulations (15 
CFR parts 730-774) 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).

0
2. Supplement No. 4 to part 744 is amended by adding under the 
destination of Russia, in alphabetical order, five 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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
RUSSIA
 
                                                   * * * * * *
                               Autonomous Noncommercial    For all items      Presumption of    82 FR [INSERT FR
                                Organization Professional   subject to the     denial.           PAGE NUMBER AND
                                Association of Designers    EAR. (See Sec.                       1/4/2017]
                                of Data Processing          744.11 of the
                                Systems, a.k.a., the        EAR)
                                following one alias:
                               --ANO PO KSI
                               Prospekt Mira D 68, Str
                                1A, Moscow 129110,
                                Russia; and Dom 3,
                                Lazurnaya Ulitsa,
                                Solnechnogorskiy Raion,
                                Andreyevka, Moscow Region
                                141551, Russia
 
                                                   * * * * * *
                               Federal Security Service    For all items      Presumption of    82 FR [INSERT FR
                                (FSB), a.k.a., the          subject to the     denial.           PAGE NUMBER AND
                                following one alias:        EAR. (See Sec.                       1/4/2017]
                               --Federalnaya Sluzhba        744.11 of the
                                Bezopasnosti                EAR)
                               Ulitsa Kuznetskiy Most,
                                Dom 22, Moscow 107031,
                                Russia; and Lubyanskaya
                                Ploschad, Dom 2, Moscow
                                107031, Russia
 

[[Page 725]]

 
                                                   * * * * * *
                               Main Intelligence           For all items      Presumption of    82 FR [INSERT FR
                                Directorate, a.k.a., the    subject to the     denial.           PAGE NUMBER AND
                                following three aliases:    EAR. (See Sec.                       1/4/2017]
                               --Glavnoe Razvedyvatel'noe   744.11 of the
                                Upravlenie;                 EAR)
                               --GRU; and
                               --Main Intelligence
                                Department
                               Khoroshevskoye Shosse 76,
                                Khodinka, Moscow, Russia;
                                and Ministry of Defence
                                of the Russian
                                Federation, Frunzenskaya
                                nab., 22/2, Moscow
                                119160, Russia
 
                                                   * * * * * *
                               Special Technology Center,  For all items      Presumption of    82 FR [INSERT FR
                                a.k.a., the following one   subject to the     denial.           PAGE NUMBER AND
                                alias:                      EAR. (See Sec.                       1/4/2017]
                               --STC, Ltd                   744.11 of the
                                                            EAR)
                               Gzhatskaya 21 k2, St.
                                Petersburg, Russia; and
                                21-2 Gzhatskaya Street,
                                St. Petersburg, Russia.
 
                                                   * * * * * *
                               Zorsecurity Center          For all items      Presumption of    82 FR [INSERT FR
                                (f.k.a., Esage Lab),        subject to the     denial.           PAGE NUMBER AND
                                a.k.a., the following one   EAR. (See Sec.                       1/4/2017]
                                alias:                      744.11 of the
                               --TSOR Security              EAR)
                               Luzhnetskaya Embankment \2/
                                4\, Building 17, Office
                                444, Moscow 119270,
                                Russia
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: December 29, 2016.
Eric L. Hirschhorn,
Under Secretary of Commerce for Industry and Security.
[FR Doc. 2016-31969 Filed 12-30-16; 4:15 pm]
BILLING CODE 3510-33-P



                                                722                  Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Rules and Regulations

                                                significant environmental impacts. In                      DEPARTMENT OF COMMERCE                                 (Embargoes and Other Special Controls)
                                                accordance with FAAO 1050.1F,                                                                                     of the EAR.
                                                paragraph 5–2 regarding Extraordinary                      Bureau of Industry and Security                          The End-User Review Committee
                                                Circumstances, this action has been                                                                               (ERC) is composed of representatives of
                                                reviewed for factors and circumstances                     15 CFR Part 744                                        the Departments of Commerce (Chair),
                                                in which a normally categorically                                                                                 State, Defense, Energy, and where
                                                                                                           [Docket No. 161228999–6999–01]
                                                excluded action may have a significant                                                                            appropriate, the Treasury. The ERC
                                                environmental impact requiring further                     RIN 0694–AH27                                          makes decisions to add an entry to the
                                                analysis, and it is determined that no                                                                            Entity List by majority vote and to
                                                                                                           Addition of Certain Entities to the                    remove or modify an entry by
                                                extraordinary circumstances exist that                     Entity List
                                                warrant preparation of an                                                                                         unanimous vote. The Departments
                                                                                                           AGENCY:  Bureau of Industry and                        represented on the ERC have approved
                                                environmental assessment.
                                                                                                           Security, Commerce.                                    these changes to the Entity List.
                                                List of Subjects in 14 CFR Part 71
                                                                                                           ACTION: Final rule.                                    Entity List Additions
                                                 Airspace, Incorporation by reference,                                                                            Additions to the Entity List
                                                                                                           SUMMARY:   The Bureau of Industry and
                                                Navigation (air).
                                                                                                           Security (BIS) amends the Export                         This rule implements the decision of
                                                The Amendment                                              Administration Regulations (EAR) by                    the agencies of the ERC to add five
                                                                                                           adding five entities to the Entity List.               entities to the Entity List. These five
                                                  In consideration of the foregoing, the                   These five entities have been                          entities are being added on the basis of
                                                Federal Aviation Administration                            determined by the U.S. Government to                   § 744.11 (License requirements that
                                                amends 14 CFR part 71 as follows:                          be acting contrary to the national                     apply to entities acting contrary to the
                                                                                                           security or foreign policy interests of the            national security or foreign policy
                                                PART 71—DESIGNATION OF CLASS A,                            United States. BIS is taking this action               interests of the United States) of the
                                                B, C, D, AND E AIRSPACE AREAS; AIR                         in conjunction with the designations                   EAR. The five entries being added to the
                                                TRAFFIC SERVICE ROUTES; AND                                made by the Office of Foreign Asset                    Entity List are in Russia.
                                                REPORTING POINTS                                           Controls, Department of the Treasury,                    Under § 744.11(b) (Criteria for
                                                                                                           under amended Executive Order 13694.                   revising the Entity List) of the EAR,
                                                ■ 1. The authority citation for part 71                    This final rule lists these entities on the            persons for whom there is reasonable
                                                continues to read as follows:                              Entity List under the destination of                   cause to believe, based on specific and
                                                  Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                                                                           Russia.                                                articulable facts, have been involved,
                                                40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,               DATES:   This rule is effective January 4,             are involved, or pose a significant risk
                                                1959–1963 Comp., p. 389.                                   2017.                                                  of being or becoming involved in,
                                                                                                                                                                  activities that are contrary to the
                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                                § 71.1       [Amended]                                                                                            national security or foreign policy
                                                                                                           Chair, End-User Review Committee,                      interests of the United States and those
                                                ■ 2. The incorporation by reference in                     Office of the Assistant Secretary, Export              acting on behalf of such persons may be
                                                14 CFR 71.1 of FAA Order 7400.11A,                         Administration, Bureau of Industry and                 added to the Entity List. The entities
                                                Airspace Designations and Reporting                        Security, Department of Commerce,                      being added to the Entity List have been
                                                Points, dated August 3, 2016, and                          Phone: (202) 482–5991, Email: ERC@                     determined to be involved in activities
                                                effective September 15, 2016, is                           bis.doc.gov.                                           that are contrary to the national security
                                                amended as follows:                                        SUPPLEMENTARY INFORMATION:                             or foreign policy interests of the United
                                                                                                                                                                  States. Specifically, in this rule, BIS
                                                Paragraph 2003.         Offshore Airspace Areas            Background
                                                                                                                                                                  adds five entities to the Entity List, as
                                                *        *      *       *      *                              The Entity List (Supplement No. 4 to                further described below.
                                                                                                           part 744 of the EAR) identifies entities
                                                Control 1154H [Removed]                                                                                           Entity Additions Consistent With
                                                                                                           and other persons reasonably believed
                                                *        *      *       *      *                           to be involved in, or that pose a                      Executive Order 13694
                                                Control 1173H [Removed]                                    significant risk of being or becoming                    Five entities are added based on
                                                *        *      *       *      *                           involved in, activities that are contrary              activities that are described in Executive
                                                                                                           to the national security or foreign policy             Order 13694 (80 FR 18077), Blocking the
                                                Paragraph 6007.         Offshore Airspace Areas            of the United States. The EAR imposes                  Property of Certain Persons Engaging in
                                                *        *      *       *      *                           additional licensing requirements on,                  Significant Malicious Cyber-Enabled
                                                Control 1154L [Removed]                                    and limits the availability of most                    Activities, issued by the President on
                                                                                                           license exceptions for exports,                        April 1, 2015 and amended on
                                                *        *      *       *      *                           reexports, and transfers (in-country) to               December 29, 2016.
                                                Control 1173L [Removed]                                    those persons or entities listed on the                  As originally issued in April 2015,
                                                *        *      *       *      *                           Entity List. The license review policy                 Executive Order 13694 created a new,
                                                                                                           for each listed entity is identified in the            targeted authority for the U.S.
                                                  Issued in Washington, DC, on November                    ‘‘License review policy’’ column on the                government to respond more effectively
                                                29, 2016.
                                                                                                           Entity List and the impact on the                      to the most significant of cyber threats,
jstallworth on DSK7TPTVN1PROD with RULES




                                                Leslie M. Swann,                                           availability of license exceptions is                  particularly in situations where
                                                Acting Manager, Airspace Policy Group.                     described in the Federal Register notice               malicious cyber actors operate beyond
                                                [FR Doc. 2016–29144 Filed 1–3–17; 8:45 am]                 adding entities or other persons to the                the reach of existing authorities,
                                                BILLING CODE 4910–13–P                                     Entity List. BIS places entities on the                focusing on cyber-enabled malicious
                                                                                                           Entity List based on certain sections of               activities. Executive Order 13694
                                                                                                           part 744 (Control Policy: End-User and                 authorized the imposition of sanctions
                                                                                                           End-Use Based) and part 746                            on individuals and entities determined


                                           VerDate Sep<11>2014      15:22 Jan 03, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4700   Sfmt 4700   E:\FR\FM\04JAR1.SGM   04JAR1


                                                                  Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Rules and Regulations                                           723

                                                to be responsible for or complicit in                   Professional Association of Designers of                 Luzhnetskaya Embankment 2⁄4,
                                                malicious cyber-enabled activities that                 Data Processing Systems (a.k.a., ANO                   Building 17, Office 444, Moscow
                                                result in enumerated harms that are                     PO KSI) provided specialized training to               119270, Russia.
                                                reasonably likely to result in, or have                 the GRU.
                                                                                                                                                               Export Administration Act
                                                materially contributed to, a significant                   With these additions, BIS imposes on
                                                threat to the national security, foreign                these entities a license requirement for                 Although the Export Administration
                                                policy, or economic health or financial                 exports, reexports, or transfers (in-                  Act expired on August 20, 2001, the
                                                stability of the United States. Under                   country) of all items subject to the EAR               President, through Executive Order
                                                Section 8 of the Executive Order 13694,                 and a license review policy of                         13222 of August 17, 2001, 3 CFR, 2001
                                                all agencies of the United States                       presumption of denial. The license                     Comp., p. 783 (2002), as amended by
                                                Government are directed to take all                     requirement applies to any transaction                 Executive Order 13637 of March 8,
                                                appropriate measures within their                       in which items are to be exported,                     2013, 78 FR 16129 (March 13, 2013) and
                                                authority to carry out the provisions of                reexported, or transferred (in-country) to             as extended by the Notice of August 4,
                                                the Order.                                              any of the entities or in which such                   2016, 81 FR 52587 (August 8, 2016), has
                                                   On December 29, 2016, the President                  entities act as purchaser, intermediate                continued the Export Administration
                                                issued an Executive Order Taking                        consignee, ultimate consignee, or end-                 Regulations in effect under the
                                                Additional Steps To Address The                         user. In addition, no license exceptions               International Emergency Economic
                                                National Emergency With Respect To                      are available for exports, reexports, or               Powers Act. BIS continues to carry out
                                                Significant Malicious Cyber-Enabled                     transfers (in-country) to the persons                  the provisions of the Export
                                                Activities, which amended Executive                     being added to the Entity List in this                 Administration Act, as appropriate and
                                                Order 13694. With this action, the                      rule. This license requirement                         to the extent permitted by law, pursuant
                                                existing authorities have been amended                  implements an appropriate measure                      to Executive Order 13222, as amended
                                                to also allow for the imposition of                     within the authority of the EAR to carry               by Executive Order 13637.
                                                sanctions on individuals and entities                   out the provisions of Executive Order                  Rulemaking Requirements
                                                determined to be responsible for                        13694.
                                                tampering, altering, or causing the                                                                               1. Executive Orders 13563 and 12866
                                                                                                           This final rule adds the following five             direct agencies to assess all costs and
                                                misappropriation of information with                    entities to the Entity List:
                                                the purpose or effect of interfering with                                                                      benefits of available regulatory
                                                or undermining election processes or                    Russia                                                 alternatives and, if regulation is
                                                institutions. Five entities and four                                                                           necessary, to select regulatory
                                                                                                          (1) Autonomous Noncommercial                         approaches that maximize net benefits
                                                individuals are identified in the Annex                 Organization Professional Association
                                                of the amended Executive Order and                                                                             (including potential economic,
                                                                                                        of Designers of Data Processing Systems,               environmental, public health and safety
                                                have been added to OFAC’s list of                       a.k.a., the following one alias:
                                                Specially Designated Nationals and                                                                             effects, distributive impacts, and
                                                Blocked Persons (SDN List). OFAC also                   —ANO PO KSI.                                           equity). Executive Order 13563
                                                designated an additional two                              Prospekt Mira D 68, Str 1A, Moscow                   emphasizes the importance of
                                                individuals who also were added to the                  129110, Russia; and Dom 3, Lazurnaya                   quantifying both costs and benefits, of
                                                SDN List.                                               Ulitsa, Solnechnogorskiy Raion,                        reducing costs, of harmonizing rules,
                                                   BIS, pursuant to Executive Order                     Andreyevka, Moscow Region 141551,                      and of promoting flexibility. This rule
                                                13694, as amended, and in consultation                  Russia;                                                has been determined to be not
                                                with the Departments of State, Defense,                   (2) Federal Security Service (FSB),                  significant for purposes of Executive
                                                Energy, and the Treasury, has                           a.k.a., the following one alias:                       Order 12866.
                                                designated the five entities specified in                                                                         2. Notwithstanding any other
                                                                                                        —Federalnaya Sluzhba Bezopasnosti.
                                                the next three paragraphs.                                                                                     provision of law, no person is required
                                                   The Main Intelligence Directorate                      Ulitsa Kuznetskiy Most, Dom 22,                      to respond to nor be subject to a penalty
                                                (a.k.a., the following two aliases:                     Moscow 107031, Russia; and                             for failure to comply with a collection
                                                Glavnoe Razvedyvatel’noe Upravlenie;                    Lubyanskaya Ploschad, Dom 2, Moscow                    of information, subject to the
                                                and GRU) is involved in external                        107031, Russia;                                        requirements of the Paperwork
                                                collection using human intelligence                       (3) Main Intelligence Directorate,                   Reduction Act of 1995 (44 U.S.C. 3501
                                                officers and a variety of technical tools,              a.k.a., the following three aliases                    et seq.) (PRA), unless that collection of
                                                and is designated for tampering,                        —Glavnoe Razvedyvatel’noe                              information displays a currently valid
                                                altering, or causing a misappropriation                   Upravlenie;                                          Office of Management and Budget
                                                of information with the purpose or                      —GRU; and                                              (OMB) Control Number. This regulation
                                                effect of interfering with the 2016 U.S.                —Main Intelligence Department.                         involves collections previously
                                                election processes.                                       Khoroshevskoye Shosse 76,                            approved by OMB under control
                                                   The Federal Security Service (FSB),                  Khodinka, Moscow, Russia; and                          number 0694–0088, Simplified Network
                                                (f.k.a., Esage Lab) a.k.a., Federalnaya                 Ministry of Defence of the Russian                     Application Processing System, which
                                                Sluzhba Bezopasnosti, assisted the GRU                  Federation, Frunzenskaya nab., 22/2,                   includes, among other things, license
                                                in conducting the activities described                  Moscow 119160, Russia;                                 applications and carries a burden
                                                above.                                                    (4) Special Technology Center, a.k.a.,               estimate of 43.8 minutes for a manual or
                                                   There were also three other entities                 the following one alias:                               electronic submission. Total burden
                                                involved: (1) The Special Technology                                                                           hours associated with the PRA and
                                                                                                        —STC, Ltd.
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                                                Center, (a.k.a., STLC, Ltd.) assisted the                                                                      OMB control number 0694–0088 are not
                                                GRU in conducting signals intelligence                    Gzhatskaya 21 k2, St. Petersburg,                    expected to increase as a result of this
                                                operations; (2) Zorsecurity Center                      Russia; and 21–2 Gzhatskaya Street, St.                rule. You may send comments regarding
                                                (a.k.a., Esage Lab) provided the GRU                    Petersburg, Russia; and                                the collection of information associated
                                                with technical research and                               (5) Zorsecurity Center (f.k.a., Esage                with this rule, including suggestions for
                                                development; and (3) the Autonomous                     Lab), a.k.a., the following one alias:                 reducing the burden, to Jasmeet K.
                                                Noncommercial Organization                              —TSOR Security.                                        Seehra, Office of Management and


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                                                724                Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Rules and Regulations

                                                Budget (OMB), by email to Jasmeet_K._                     create an incentive for these persons to                   PART 744—[AMENDED]
                                                Seehra@omb.eop.gov, or by fax to (202)                    either accelerate their receipt of items
                                                395–7285.                                                 subject to the EAR to conduct activities                   ■ 1. The authority citation for 15 CFR
                                                   3. This rule does not contain policies                 that are contrary to the national security                 part 744 continues to read as follows:
                                                with Federalism implications as that                      or foreign policy interests of the United
                                                term is defined in Executive Order                        States, and/or to take steps to set up                       Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
                                                13132.                                                    additional aliases, change addresses,                      1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C.
                                                   4. The provisions of the                                                                                          2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
                                                                                                          and/or take other measures to try to
                                                Administrative Procedure Act (5 U.S.C.                                                                               E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp.,
                                                                                                          limit the impact of the listing on the
                                                553) requiring notice of proposed                                                                                    p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993
                                                                                                          Entity List once a final rule is
                                                rulemaking, the opportunity for public                                                                               Comp., p. 608; E.O. 12938, 59 FR 59099, 3
                                                                                                          published.                                                 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR
                                                comment and a delay in effective date                        Further, no other law requires that a
                                                                                                                                                                     5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026,
                                                are inapplicable because this regulation                  notice of proposed rulemaking and an
                                                                                                                                                                     61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
                                                involves a military or foreign affairs                    opportunity for public comment be                          13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
                                                function of the United States. (See 5                     given for this rule. Because a notice of                   208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
                                                U.S.C. 553(a)(1)). BIS implements this                    proposed rulemaking and an                                 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
                                                rule to protect U.S. national security or                 opportunity for public comment are not                     CFR, 2001 Comp., p. 786; Notice of
                                                foreign policy interests by preventing                    required to be given for this rule by 5                    November 12, 2015, 80 FR 70667 (November
                                                items from being exported, reexported,                    U.S.C. 553, or by any other law, the                       13, 2015); Notice of January 20, 2016, 81 FR
                                                or transferred (in country) to the entities               analytical requirements of the                             3937 (January 22, 2016); Notice of August 4,
                                                being added to the Entity List. If the                    Regulatory Flexibility Act, 5 U.S.C. 601                   2016, 81 FR 52587 (August 8, 2016); Notice
                                                effective date of this rule were delayed                  et seq., are not applicable. Accordingly,                  of September 15, 2016, 81 FR 64343
                                                to allow for notice and comment, then                     no regulatory flexibility analysis is                      (September 19, 2016).
                                                the entities being added to the Entity                    required and none has been prepared.
                                                List by this action would continue to be                                                                             ■ 2. Supplement No. 4 to part 744 is
                                                able to receive items without a license                   List of Subjects in 15 CFR Part 744                        amended by adding under the
                                                and to conduct activities contrary to the                   Exports, Reporting and recordkeeping                     destination of Russia, in alphabetical
                                                national security or foreign policy                       requirements, Terrorism.                                   order, five Russian entities.
                                                interests of the United States. In                          For the reasons stated in the                              The additions read as follows:
                                                addition, publishing a proposed rule                      preamble, the Bureau of Industry and
                                                would give these parties notice of the                    Security amends part 744 of the Export                     Supplement No. 4 to Part 744—Entity
                                                U.S. Government’s intention to place                      Administration Regulations (15 CFR                         List
                                                them on the Entity List and would                         parts 730–774) as follows:                                 *       *     *         *    *

                                                                                                                                                                                                       Federal
                                                                                                                                                                            License
                                                              Country                                  Entity                      License requirement                                                 Register
                                                                                                                                                                         review policy                  citation


                                                          *                        *                        *                          *                       *                         *                   *

                                                RUSSIA

                                                                        *                       *                   *                          *                         *                          *
                                                                                       Autonomous Noncommercial Orga-            For all items subject to          Presumption of denial         82 FR [INSERT FR
                                                                                         nization Professional Association         the EAR. (See                                                   PAGE NUMBER
                                                                                         of Designers of Data Processing           § 744.11 of the EAR)                                            AND 1/4/2017]
                                                                                         Systems, a.k.a., the following
                                                                                         one alias:
                                                                                       —ANO PO KSI
                                                                                       Prospekt Mira D 68, Str 1A, Mos-
                                                                                         cow 129110, Russia; and Dom
                                                                                         3,       Lazurnaya        Ulitsa,
                                                                                         Solnechnogorskiy          Raion,
                                                                                         Andreyevka, Moscow Region
                                                                                         141551, Russia

                                                                        *                        *                     *                       *                         *                          *
                                                                                       Federal Security Service (FSB),           For all items subject to          Presumption of denial         82 FR [INSERT FR
                                                                                         a.k.a., the following one alias:          the EAR. (See                                                   PAGE NUMBER
                                                                                       —Federalnaya                 Sluzhba        § 744.11 of the EAR)                                            AND 1/4/2017]
                                                                                         Bezopasnosti
                                                                                       Ulitsa Kuznetskiy Most, Dom 22,
                                                                                         Moscow 107031, Russia; and
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                                                                                         Lubyanskaya Ploschad, Dom 2,
                                                                                         Moscow 107031, Russia




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                                                                  Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Rules and Regulations                                                   725

                                                                                                                                                                                               Federal
                                                                                                                                                                         License
                                                           Country                                    Entity                      License requirement                                          Register
                                                                                                                                                                      review policy             citation

                                                                      *                          *                     *                      *                        *                    *
                                                                                      Main      Intelligence     Directorate,   For all items subject to         Presumption of denial   82 FR [INSERT FR
                                                                                        a.k.a.,    the     following   three      the EAR. (See                                            PAGE NUMBER
                                                                                        aliases:                                  § 744.11 of the EAR)                                     AND 1/4/2017]
                                                                                      —Glavnoe            Razvedyvatel’noe
                                                                                        Upravlenie;
                                                                                      —GRU; and
                                                                                      —Main Intelligence Department
                                                                                      Khoroshevskoye          Shosse      76,
                                                                                        Khodinka, Moscow, Russia; and
                                                                                        Ministry of Defence of the Rus-
                                                                                        sian Federation, Frunzenskaya
                                                                                        nab., 22/2, Moscow 119160,
                                                                                        Russia

                                                                      *                         *                   *                         *                        *                    *
                                                                                      Special Technology Center, a.k.a.,        For all items subject to         Presumption of denial   82 FR [INSERT FR
                                                                                        the following one alias:                  the EAR. (See                                            PAGE NUMBER
                                                                                      —STC, Ltd                                   § 744.11 of the EAR)                                     AND 1/4/2017]
                                                                                      Gzhatskaya 21 k2, St. Petersburg,
                                                                                        Russia; and 21–2 Gzhatskaya
                                                                                        Street, St. Petersburg, Russia.

                                                                      *                        *                   *                          *                        *                    *
                                                                                      Zorsecurity Center (f.k.a., Esage         For all items subject to         Presumption of denial   82 FR [INSERT FR
                                                                                        Lab), a.k.a., the following one           the EAR. (See                                            PAGE NUMBER
                                                                                        alias:                                    § 744.11 of the EAR)                                     AND 1/4/2017]
                                                                                      —TSOR Security
                                                                                      Luzhnetskaya Embankment 2⁄4,
                                                                                        Building 17, Office 444, Moscow
                                                                                        119270, Russia

                                                                      *                         *                      *                          *                         *              *



                                                  Dated: December 29, 2016.                              considered when making fee waiver                          FOR FURTHER INFORMATION CONTACT:
                                                Eric L. Hirschhorn,                                      determinations.                                            Lindsay Roberts, Attorney-Advisor,
                                                Under Secretary of Commerce for Industry                 DATES:  Effective Date: This rule is                       Office of Information Policy, (202) 514–
                                                and Security.                                            effective February 3, 2017.                                3642.
                                                [FR Doc. 2016–31969 Filed 12–30–16; 4:15 pm]                Comment Date: Public comments                           SUPPLEMENTARY INFORMATION:
                                                BILLING CODE 3510–33–P                                   must be submitted by March 6, 2017.                           This rule amends the Department’s
                                                                                                         Comments submitted by mail will be                         regulations under the Freedom of
                                                                                                         accepted as timely if they are                             Information Act to incorporate certain
                                                DEPARTMENT OF JUSTICE                                    postmarked on or before that date.                         changes made to the FOIA, 5 U.S.C. 552,
                                                                                                         Electronic comments may be submitted                       by the FOIA Improvement Act of 2016,
                                                28 CFR Part 16                                           via www.regulations.gov prior to                           Public Law 114–185, 130 Stat. 538 (June
                                                [Docket No. OAG 155]                                     midnight Eastern Time at the end of that                   30, 2016). The FOIA Improvement Act
                                                                                                         day.                                                       of 2016 provides that agencies must
                                                RIN 1105–AB51; A.G. Order No. 3803–2016                  ADDRESSES: You may submit written                          allow a minimum of 90 days for
                                                                                                         comments, identified by RIN 1105–                          requesters to file an administrative
                                                Revision of Department of Justice                                                                                   appeal. The Act also requires that
                                                                                                         AB51 or Docket No. OAG 155, by one
                                                Freedom of Information Act                                                                                          agencies notify requesters of the
                                                                                                         of the following methods:
                                                Regulations
                                                                                                            • Federal eRulemaking Portal: http://                   availability of dispute resolution
                                                AGENCY: Department of Justice.                           www.regulations.gov. Follow the                            services at various times throughout the
                                                ACTION:Interim final rule with request                   instructions for submitting comments.                      FOIA process. Finally, the Act codifies
                                                for comments.                                               • Mail: Lindsay Roberts, Attorney-                      the Department of Justice’s ‘‘foreseeable
                                                                                                         Advisor, Office of Information Policy,                     harm’’ standard. This rule updates the
                                                SUMMARY:   This rule amends the                          1425 New York Avenue NW., Room                             Department’s regulations in 28 CFR part
                                                Department of Justice’s regulations                      11050, Washington, DC 20530.                               16, subpart A, to reflect those statutory
                                                under the Freedom of Information Act                        Instructions: All submissions received                  changes.
jstallworth on DSK7TPTVN1PROD with RULES




                                                (FOIA) to incorporate certain changes                    must include the agency name and                              In addition, as explained below, this
                                                made to the FOIA by the FOIA                             docket number for this rulemaking. For                     rule amends provisions in § 16.10 (Fees)
                                                Improvement Act of 2016. In addition,                    additional details on submitting                           to incorporate the new statutory
                                                this rule amends certain provisions in                   comments, see the ‘‘Public                                 restrictions on charging fees in certain
                                                the fee section to reflect developments                  Participation’’ heading of the                             circumstances, to reflect developments
                                                in the case law and to streamline the                    SUPPLEMENTARY INFORMATION section of                       in the case law, and to streamline the
                                                description of the factors to be                         this document.                                             description of the factors to be


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Document Created: 2017-01-04 00:29:45
Document Modified: 2017-01-04 00:29:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective January 4, 2017.
ContactChair, 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 Citation82 FR 722 
RIN Number0694-AH27
CFR AssociatedExports; Reporting and Recordkeeping Requirements and Terrorism

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