83 FR 12475 - Addition of Certain Persons to the Entity List and Removal of Certain Persons From the Entity List; Correction of License Requirements
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 83, Issue 56 (March 22, 2018)
Bureau of Industry and Security
Federal Register Volume 83, Issue 56 (March 22, 2018)
| Page Range | 12475-12483 | |
| FR Document | 2018-05789 |
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)] [Rules and Regulations] [Pages 12475-12483] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05789] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 180227219-8219-01] RIN 0694-AH51 Addition of Certain Persons to the Entity List and Removal of Certain Persons From the Entity List; Correction of License Requirements AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends the Export Administration Regulations (EAR) by adding twenty-three persons to the Entity List. These twenty- three persons have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States and will be listed on the Entity List under the destinations of Pakistan, Singapore and South Sudan. This rule also removes one person under the destination of Ecuador and one person under the destination of the United Arab Emirates (U.A.E.) from the Entity List. Both removals are the result of requests for removal received by BIS pursuant to the section of the EAR used for requesting removal or modification of an Entity List entry and a review of information provided in the removal requests. Lastly, this rule corrects the license requirement for twelve entities that were added under the destination of Russia as part of a recent BIS rule. DATES: This rule is effective March 22, 2018. 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 (15 CFR, Subchapter C, part 744, Supplement No. 4) identifies entities 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 Export Administration Regulations (EAR) (15 CFR, Subchapter C, parts 730-774) 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 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 relevant Federal Register notice adding entities to the Entity List. BIS places entities on the Entity List pursuant to 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), 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 makes 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 twenty-three persons to the Entity List. These twenty-three 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 twenty-three entries added to the Entity List consist of seven entities located in Pakistan, one entity in Singapore and fifteen entities in South Sudan. The ERC reviewed Sec. 744.11(b) (Criteria for revising the Entity List) in [[Page 12476]] making the determination to add these twenty-three 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, along with those acting on behalf of such persons, may be added to the Entity List. Paragraphs (b)(1) through (b)(5) of Sec. 744.11 provide an illustrative list of activities that could be contrary to the national security or foreign policy interests of the United States. The ERC determined that the fifteen entities being added to the Entity List under the destination of South Sudan--Ascom Sudd Operating Company; Dar Petroleum Operating Company; DietsmannNile; Greater Pioneer Operating Co. Ltd; Juba Petrotech Technical Services Ltd; Nile Delta Petroleum Company; Nile Drilling and Services Company; Nile Petroleum Corporation; Nyakek and Sons; Oranto Petroleum; Safinat Group; SIPET Engineering and Consultancy Services; South Sudan Ministry of Mining; South Sudan Ministry of Petroleum; and Sudd Petroleum Operating Co.--are government, parastatal and private entities in South Sudan that are involved in activities that are contrary to the foreign policy interests of the United States. In addition, the ERC determined that Mushko Logistics Pte. Ltd. (located under the destination of Singapore) and Mushko Electronics Pvt. Ltd (located under the destination of Pakistan) be added to the Entity List on the grounds that these two entities procured items for several Pakistani entities on the Entity List. The ERC has also determined that Solutions Engineering (located under the destination of Pakistan) be added to the Entity List based on their involvement in activities contrary to U.S. national security and foreign policy interests. Specifically, the ERC determined that this entity has been involved in the procurement of U.S.-origin items on behalf of nuclear- related entities in Pakistan that are already listed on the Entity List. For the remaining five entities being added to the Entity List under the destination of Pakistan, the ERC determined that three of the entities, Akhtar & Munir, Proficient Engineers and Pervaiz Commercial Trading Co. (PCTC), be added based on their involvement in the proliferation of unsafeguarded nuclear activities that are contrary to the national security and/or foreign policy interests of the United States. The ERC also determined that Marine Systems Pvt. Ltd. be added to the Entity List for assisting Pakistani entities on the Entity List in circumventing the restrictions of Sec. 744.11 of the EAR by obtaining items subject to the EAR on behalf of those listed entities without the required licenses. Lastly, the ERC determined that Engineering and Commercial Services (ECS) be added to the Entity based on its involvement in supplying a Pakistani nuclear-related entity on the Entity List. Pursuant to Sec. 744.11(b) of the EAR, the ERC determined that the conduct of these twenty-three persons 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 twenty-three 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 identify aliases, thereby assisting exporters, reexporters and transferors in identifying persons on the Entity List. This final rule adds the following twenty-three persons to the Entity List: Pakistan (1) Akhtar & Munir, Hussain Plaza 60-B No. 3, Adamjee Road, Punjab 46000, Pakistan; (2) Engineering and Commercial Services (ECS), 204, 2nd Floor, Capital Business Center, F-10 Markaz, Islamabad, Pakistan; (3) Marine Systems Pvt. Ltd., 2nd Floor, Kashmir Plaza, Blue Area, G-6/F-6 Islamabad, Pakistan; (4) Mushko Electronics Pvt. Ltd., Safa House Address, Abdullah Haroon Road, Karachi Pakistan; and Victoria Chambers, Abdullah Haroon Road, Saddar Town, Karachi Pakistan; and Office No. 3&8, First Floor, Center Point Plaza, Main Boulevad, Gullberg-III, Lahore, Pakistan; and 26-D Kashmir Plaza East, Jinnah Avenue, Blue Area, Islamabad, Pakistan; and 68-W, Sama Plaza, Blue Area Sector G-7, Islamabad, Pakistan; (5) Pervaiz Commercial Trading Co. (PCTC), PCTC House, 36-B Model Town, Lahore, Pakistan; (6) Proficient Engineers, Tariq Block, 437 New Garen Town, Lahore, Pakistan; and (7) Solutions Engineering Pvt. Ltd., a.k.a., the following two aliases: --Solutronix Engineering Pvt. Ltd. and --Solutronix Pvt. Ltd. 95A Solutions Tower, DHA Phase 8 Commercial Broadway, Lahore, Pakistan; and 54-B PAF Colony, Zarar Shaheed, Lahore, Pakistan; and Ground Floor, Almas Tower, Begum Salma Tassadaq Road, Near E Plomer, Lahore, Pakistan; and Suite 1&4, Hafeez Chamber 85 The Mall Lahore, Pakistan; and Gohawa Dak Dhana Bhatta Kohaar, Lahore, Pakistan; and Sehajpal Village, near New Airport Road, Lahore, Pakistan; and, Office #201, 2nd Floor, Capital Business Center, F-10 Markaz, Islamabad, Pakistan; and 156 The Mall, Rawalpindi, Pakistan. Singapore (1) Mushko Logistics Pte. Ltd., Unit 04-01, Lip Hing Industrial Building, 3 Pemimpin Drive, Singapore; and 37 Pemimpin Drive, #06-12 MAPEX, Singapore; and Unit 04-01/03, Pandan Logistics Hub, 49 Pandan Road, Singapore; and 54 Lakeside Drive, #01-22 Caspian, Singapore. South Sudan (1) Ascom Sudd Operating Company, a.k.a., the following one alias: --ASOC. South Sudan; (2) Dar Petroleum Operating Company, a.k.a., the following one alias: --DPOC. Zhongnan Hotel, on UNMISS Road, South Sudan; (3) DietsmannNile, Tomping District opposite Arkel Restaurant, two blocks north of Airport Road, Juba, South Sudan; (4) Greater Pioneer Operating Co. Ltd, a.k.a., the following one alias: --GPOC. South Sudan; (5) Juba Petrotech Technical Services Ltd, South Sudan; (6) Nile Delta Petroleum Company, Hai Malakai neighborhood, Juba, South Sudan; (7) Nile Drilling and Services Company, Hai Amarat, Airport Road, West Yat Building, Third Floor, Juba, South Sudan; [[Page 12477]] (8) Nile Petroleum Corporation, a.k.a., the following one alias: --Nilepet. Tomping District opposite Arkel Restaurant, two blocks north of Airport Road, Juba, South Sudan; (9) Nyakek and Sons, Jubatown District near the Ivory Bank, Juba, South Sudan; (10) Oranto Petroleum, Referendum Road, Juba, South Sudan; (11) Safinat Group, South Sudan; (12) SIPET Engineering and Consultancy Services, a.k.a., the following one alias: --SPECS. Tomping District opposite Arkel Restaurant, two blocks north of Airport Road, Juba, South Sudan; (13) South Sudan Ministry of Mining, Nimra Talata, P.O. Box 376, Juba, South Sudan; (14) South Sudan Ministry of Petroleum, Ministries Road, Opposite the Presidential Palace, P.O. Box 376, Juba, South Sudan; and (15) Sudd Petroleum Operating Co., a.k.a., the following one alias: --SPOC. Tharjath, Unity State, South Sudan. Removal From the Entity List This rule implements a decision of the ERC to remove the following two entries from the Entity List on the basis of removal requests received by BIS, as follows: Corporacion Nacional de Telecommunicaciones (CNT), located in Ecuador, and Talaat Mehmood, located in the U.A.E. The entry for CNT was added to the Entity List on June 4, 2015 (see 80 FR 31836). The entry for Talaat Mehmood was added to the Entity List on May 26, 2017 (see 82 FR 24245). The ERC decided to remove these two entries based on information received by BIS pursuant to Sec. 744.16 of the EAR and review conducted by the ERC. This final rule implements the decision to remove the following one entity located in Ecuador and one entity located in the U.A.E. from the Entity List: Ecuador (1) Corporacion Nacional de Telecommunicaciones (CNT), Avenida Gaspar de Villaroel, Quito Ecuador; and Avda. Veintimilla, Suite 1149 y Amazonas, Edificio Estudio Z, Quito, Ecuador. United Arab Emirates (1) Talaat Mehmood, Q-4 136 Warehouse, Sharjah Airport International Free (SAIF) Zone, Sharjah, UAE; and Q1-08-051/B, Sharjah Airport International Free (SAIF) Zone, Sharjah, UAE; and P.O. Box 121826, Sharjah Airport International Free (SAIF) Zone, Sharjah, UAE. Correction of License Requirements On February 16, 2018, BIS published a final rule, Russian Sanctions: Addition of Certain Entities to the Entity List (83 FR 6949) (the February 16 rule), which added twenty-one entities to the Entity List under the destinations of Georgia, Poland, and Russia. Of the twenty-one entities added in the February 16 rule, twelve were added based on activities described in Executive Order 13662 (79 FR 16169), Blocking Property of Additional Persons Contributing to the Situation in Ukraine, issued on March 20, 2014. The preamble of the February 16 rule described the imposition of a license requirement for twelve Russian entities: Kaliningradnefteprodukt OOO; Kinef OOO; Kirishiavtoservis OOO; Lengiproneftekhim OOO; Media-Invest OOO; Novgorodnefteprodukt OOO; Pskovnefteprodukt OOO; SNGB AO; SO Tvernefteprodukt OOO; Sovkhoz Chervishevski PAO; Strakhovove Obshchestvo Surgutneftegaz OOO; and Surgutmebel OOO, for activities described in Sec. 746.5 of the EAR. Specifically, the preamble stated that a license is required for exports, reexports, or transfers (in- country) of all items subject to the EAR, when the exporter, reexporter or transferor knows that the item will be used directly or indirectly in exploratinon for, or production of, oil or gas in Russian deepwater (greater than 500 feet) or Arctic offshore locations or shale formations in Russia, or is unable to determine whether the item will be used in such projects. However, the February 16 rule's amendments to the EAR adding these twelve entities incorrectly specified in the entry for each entity a license requirement that read as follows: ``For all items subject to the EAR. (See Sec. 744.11 of the EAR).'' This final rule corrects the license requirement column in the entry for each of the twelve entities to clarify that the Entity List's license requirements apply to all items subject to the EAR when used in projects specified in Sec. 746.5 of the EAR, as stated in the February 16 rule's preamble. The full name of each entity, along with any aliases, and accompanying addresses, is as follows: (1) Kaliningradnefteprodukt OOO, a.k.a., the following three aliases: --Kaliningradnefteprodukt LLC; --Limited Liability Company Kaliningradnefteproduct; and --LLC Kaliningradnefteproduct. 22-b Komsomolskaya Ulitsa, Central District, Kaliningrad, Russia; (2) Kinef OOO, a.k.a., the following three aliases: --Kinef, LLC; --Limited Liability Company Production Association Kirishinefteorgsintez; and --LLC Kinef. d. 1 Shosse Entuziastov, Kirishi, Leningradskaya Oblast 187110, Russia; (3) Kirishiavtoservis OOO, a.k.a., the following two aliases: --Limited Liability Company Kirishiavtoservis; and --LLC Kirishiavtoservis. lit A, 12 Smolenskaya Ulitsa, St. Petersburg 196084; (4) Lengiproneftekhim OOO, a.k.a., the following three aliases: --Institut Po Proektirovaniyu Predpriyaty Neftepererabatyvayuschey I Neftekhimicheskoy Promyshlennosti, Limited Liability Company; --Limited Liability Company Oil Refining and Petrochemical Facilities Design Institute; and --LLC Lengiproneftekhim. d. 94, Obvodnogo Kanala, nab, St. Petersburg 196084, Russia; (5) Media-Invest OOO, a.k.a., the following two aliases: --Limited Liability Company Media-Invest; and --LLC Media-Invest. 17 Bld 1 Zubovsky Blvd., Moscow 119847, Russia; (6) Novgorodnefteprodukt OOO, a.k.a., the following three aliases: --Limited Liability Company Novgorodnefteproduct; --LLC Novgorodnefteproduct; and --Novgorodnefteprodukt LLC. d. 20 Germana Ulitsa, Veliky Novgorod, Novgorodskaya Oblast 173002, Russia; (7) Pskovnefteprodukt OOO, a.k.a., the following two aliases: --Limited Liability Company Marketing Association Pskovnefteproduct; and --LLC Pskovnefteproduct. 4 Oktyabrsky Prospekt, Pskov 180000, Russia; (8) SNGB AO, a.k.a., the following three aliases: --Closed Joint Stock Company Surgutneftegasbank (ZAO SNGB); --Joint Stock Company Surgutneftegasbank; and --JSC BANK SNGB. 19 Kukuyvitskogo Street, Surgut 628400, Russia; (9) SO Tvernefteprodukt OOO, a.k.a., the following two aliases: --Limited Liability Company Marketing Association Tvernefteproduct; and --LLC MA Tvernefteproduct. 6 Novotorzhskaya Ulitsa, Tver, Russia; [[Page 12478]] (10) Sovkhoz Chervishevski PAO, a.k.a., the following three aliases: --OJSC Sovkhoz Chervishevsky; --Open Joint Stock Company Sovkhoz Chervishevsky; and --Sovkhoz Chervishevsky, JSC. d. 81 Sovetskaya Ulitsa, S. Chervichevsky, Tyumensky Rayon, Tyumensky Oblast 625519, Russia; (11) Strakhovove Obshchestvo Surgutneftegaz OOO, a.k.a., the following three aliases: --Insurance Company Surgutneftegas, LLC; --Limited Liability Company Insurance Company Surgutneftegas; and --LLC Insurance Company Surgutneftegas. 9/1 Lermontova Ulitsa, Surgut 628418, Russia; (12) Surgutmebel OOO, a.k.a., the following four aliases: --Limited Liability Company Syrgutmebel; --LLC Surgutmebel; --LLC Syrgutmebel; and --Surgutmebel, LLC. Vostochnaya Industrial 1 Territory 2, Poselok Barsovo, Surgutsky District, Yugra, Khanty-Mansiysky Autonomos Okrug, Russia. 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 March 22, 2018, 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 15, 2017, 82 FR 39005 (Aug. 16, 2017), has continued the EAR in effect under the International Emergency Economic Powers Act (15 U.S.C. 1701 et seq.). BIS continues to carry out the provisions of the Export Administration Act of 1979, as appropriate and to the extent permitted by law, pursuant to Executive Order 13222, as amended by Executive Order 13637. Rulemaking Requirements 1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866. 2. Notwithstanding any other provision of law, no person is required to respond to nor be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This regulation involves collections previously approved by OMB under control number 0694-0088, Simplified Network Application Processing System, which includes, among other things, license applications, and carries a burden estimate of 43.8 minutes for a manual or electronic submission. Total burden hours associated with the PRA and OMB control number 0694-0088 are not expected to increase as a result of this rule. You may send comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by email to [email protected], or by fax to (202) 395-7285. 3. This rule does not contain policies with Federalism implications as that term is defined in Executive Order 13132. 4. For the twenty-three 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 participation and a 30-day delay in effective date are inapplicable, because this regulation involves a military or foreign affairs function of the United States (5 U.S.C. 553(a)(1)). BIS implementation of this rule is necessary to protect U.S. national security or foreign policy interests by preventing items subject to the EAR 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 persons being added to the Entity List by this action would continue to be able to receive items subject to the EAR 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 persons notice of the U.S. Government's intention to place them on the Entity List, which could create an incentive for them to 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, including taking steps to set up additional aliases, change addresses, and engaging in other measures to try to limit the impact of the listing on the Entity List once a final rule is published. 5. For the two entities removed from the Entity List in this final rule, pursuant to the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(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 entities 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)). These two removals have been made within the established regulatory framework of the Entity List. If the rule were to be delayed to allow for public comment, U.S. exporters may face unnecessary economic losses as they turn away potential sales to the entities removed by this rule because the customer remained a listed person on the Entity List even after the ERC approved the removal pursuant to the rule published at 73 FR 49311 on August 21, 2008. By publishing without prior notice and comment, BIS allows the applicants whose removal has been approved by the ERC to receive U.S. exports [[Page 12479]] immediately, subject to any other potential license requirements that may apply under provisions of the EAR other than the Entity List). Removals from the Entity List involve interagency deliberation and result from review of public and non-public sources, including, where applicable, sensitive law enforcement information and classified information, and the measurement of such information against the Entity List removal criteria. This information is extensively reviewed according to the criteria for evaluating removal requests from the Entity List, as set out in 15 CFR part 744, supplement No. 5, and 15 CFR 744.16(b). For reasons of national security, BIS is not at liberty to provide to the public detailed information on which the ERC relied to make the decisions to remove these entities. In addition, the information included in the removal request is information exchanged between the applicant and the ERC, which by law (section 12(c) of the Export Administration Act of 1979), BIS is restricted from sharing with the public. Moreover, removal requests from the Entity List contain confidential business information, which is necessary for the extensive review conducted by the U.S. Government in assessing such 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 two entities from the Entity List removes requirements (the Entity- List-based license requirement and limitation on use of license exceptions) on those two entities. The rule does not impose a requirement on any other person for these removals from the Entity List. Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. 6. The Department finds that there is good cause under 5 U.S.C. 553(b)(3)(B) to waive the provisions of the APA regarding notice of proposed rulemaking, the opportunity for public comment, and a 30-day delay in effective date for corrections made to twelve entries on the Entity List as part of this rule. This rule merely corrects an error resulting from a February 16, 2018 rule regarding the licensing requirement under the EAR that is applicable to items destined for or otherwise involving twelve entities that were added to the Entity List by the rule. The February 16, 2018 rule was a final rule with immediate effectiveness. It would be contrary to the public interest to delay publication of a correction and thereby exacerbate confusion on the part of the public as to the correct licensing requirement for shipments to or involving these twelve entities. 7. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared. List of Subjects in 15 CFR Part 744 Exports, Reporting and recordkeeping requirements, Terrorism. Accordingly, part 744 of the Export Administration Regulations (15 CFR parts 730-774) 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 August 15, 2017, 82 FR 39005 (August 16, 2017); Notice of September 18, 2017, 82 FR 43825 (September 19, 2017); Notice of November 6, 2017, 82 FR 51971 (November 8, 2017); Notice of January 17, 2018, 83 FR 2731 (January 18, 2018). 0 2. Supplement No. 4 to part 744 is amended: 0 a. By removing the heading ``Ecuador'' and one Ecuadorian entity, ``Corporacion Nacional de Telecommunicaciones (CNT), Avenida Gaspar de Villaroel, Quito Ecuador; and Avda. Veintimilla, Suite 1149 y Amazonas, Edificio Estudio Z, Quito, Ecuador.''; 0 b. By adding, under Pakistan, in alphabetical order, seven Pakistani entities; 0 c. By revising, under Russia, twelve Russian entities; 0 d. By adding, under Singapore, in alphabetical order, one Singaporean entity; 0 e. By adding, in alphabetical order, a heading for South Sudan and fifteen South Sudanese entities; 0 f. By removing, under United Arab Emirates, one Emirati entity, ``Talaat Mehmood, Q-4 136 Warehouse, Sharjah Airport International Free (SAIF) Zone, Sharjah, UAE; and Q1-08-051/B, Sharjah Airport International Free (SAIF) Zone, Sharjah, UAE; and P.O. Box 121826, Sharjah Airport International Free (SAIF) Zone, Sharjah, UAE.'' 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 ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- PAKISTAN............... * * * * * * ---------------------------------------------------------------------------------------- Akhtar & Munir, Hussain For all items Presumption of 83 FR [INSERT FR Plaza 60-B No. 3, Adamjee subject to the denial. PAGE NUMBER AND Road, Punjab 46000, EAR. (See Sec. 3/22/18]. Pakistan; 744.11 of the EAR). * * * * * * Engineering and Commercial For all items Presumption of 83 FR [INSERT FR Services (ECS), 204, 2nd subject to the denial. PAGE NUMBER AND Floor, Capital Business EAR. (See Sec. 3/22/18]. Center, F-10 Markaz, 744.11 of the Islamabad, Pakistan. EAR). * * * * * * [[Page 12480]] Marine Systems Pvt. Ltd., For all items Presumption of 83 FR [INSERT FR 2nd Floor, Kashmir Plaza, subject to the denial. PAGE NUMBER AND Blue Area, G-6/F-6 EAR. (See Sec. 3/22/18]. Islamabad, Pakistan. 744.11 of the EAR). * * * * * * Mushko Electronics Pvt. For all items Presumption of 83 FR [INSERT FR Ltd., Safa House Address, subject to the denial. PAGE NUMBER AND Abdullah Haroon Road, EAR. (See Sec. 3/22/18]. Karachi Pakistan; and 744.11 of the Victoria Chambers, Abdullah EAR). Haroon Road, Saddar Town, Karachi Pakistan; and Office No. 3&8, First Floor, Center Point Plaza, Main Boulevad, Gullberg- III, Lahore, Pakistan; 26-D Kashmir Plaza East, Jinnah Avenue, Blue Area, Islamabad, Pakistan; and 68- W, Sama Plaza, Blue Area Sector G-7, Islamabad, Pakistan. * * * * * * Pervaiz Commercial Trading For all items Presumption of 83 FR [INSERT FR Co. (PCTC), PCTC House, 36- subject to the denial. PAGE NUMBER AND B Model Town, Lahore, EAR. (See Sec. 3/22/18]. Pakistan. 744.11 of the EAR). * * * * * * Proficient Engineers, Tariq For all items Presumption of 83 FR [INSERT FR Block, 437 New Garen Town, subject to the denial. PAGE NUMBER AND Lahore, Pakistan. EAR. (See Sec. 3/22/18]. 744.11 of the EAR). * * * * * * Solutions Engineering Pvt. For all items Presumption of 83 FR [INSERT FR Ltd., a.k.a., the following subject to the denial. PAGE NUMBER AND two aliases: EAR. (See Sec. 3/22/18]. --Solutronix Engineering 744.11 of the Pvt. Ltd. and EAR). --Solutronix Pvt. Ltd. 95A Solutions Tower, DHA Phase 8 Commercial Broadway, Lahore, Pakistan; and 54-B PAF Colony, Zarar Shaheed, Lahore, Pakistan; and Ground Floor, Almas Tower, Begum Salma Tassadaq Road, Near E Plomer, Lahore, Pakistan; and Suite 1&4, Hafeez Chamber 85 The Mall Lahore, Pakistan; and Gohawa Dak Dhana Bhatta Kohaar, Lahore, Pakistan; and Sehajpal Village, near New Airport Road, Lahore, Pakistan; and, Office #201, 2nd Floor, Capital Business Center, F-10 Markaz, Islamabad, Pakistan; and 156 The Mall, Rawalpindi, Pakistan. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- RUSSIA................. * * * * * * ---------------------------------------------------------------------------------------- Kaliningradnefteprodukt OOO, For all items Presumption of 83 FR 6952, 2/16/ a.k.a., the following three subject to the EAR denial. 18. 83 FR aliases: when used in [INSERT FR PAGE --Kaliningradnefteprodukt projects specified NUMBER AND LLC; in Sec. 746.5 of 3/22/18]. --Limited Liability Company the EAR. Kaliningradnefteproduct; and --LLC Kaliningradnefteproduct. 22-b Komsomolskaya Ulitsa, Central District, Kaliningrad, Russia. * * * * * * Kinef OOO, a.k.a., the For all items Presumption of 83 FR 6952, 2/16/ following three aliases: subject to the EAR denial. 18. 83 FR --Kinef, LLC; when used in [INSERT FR PAGE --Limited Liability Company projects specified NUMBER AND Production Association in Sec. 746.5 of 3/22/18]. Kirishinefteorgsintez; and the EAR. --LLC Kinef. d. 1 Shosse Entuziastov, Kirishi, Leningradskaya Oblast 187110, Russia. * * * * * * [[Page 12481]] Kirishiavtoservis OOO, For all items Presumption of 83 FR 6952, 2/16/ a.k.a., the following two subject to the EAR denial. 18. 83 FR aliases: when used in [INSERT FR PAGE --Limited Liability Company projects specified NUMBER AND Kirishiavtoservis; and in Sec. 746.5 of 3/22/18]. --LLC Kirishiavtoservis. the EAR. lit A, 12 Smolenskaya Ulitsa, St. Petersburg 196084. * * * * * * Lengiproneftekhim OOO, For all items Presumption of 83 FR 6952, 2/16/ a.k.a., the following three subject to the EAR denial. 18. 83 FR aliases: when used in [INSERT FR PAGE --Institut Po projects specified NUMBER AND Proektirovaniyu Predpriyaty in Sec. 746.5 of 3/22/18]. Neftepererabatyvayuschey I the EAR. Neftekhimicheskoy Promyshlennosti, Limited Liability Company; --Limited Liability Company Oil Refining and Petrochemical Facilities Design Institute; and --LLC Lengiproneftekhim. d. 94, Obvodnogo Kanala, nab, St. Petersburg 196084, Russia. * * * * * * Media-Invest OOO, a.k.a., For all items Presumption of 83 FR 6952, 2/16/ the following two aliases: subject to the EAR denial. 18. 83 FR --Limited Liability Company when used in [INSERT FR PAGE Media-Invest; and projects specified NUMBER AND --LLC Media-Invest. in Sec. 746.5 of 3/22/18]. the EAR. 17 Bld 1 Zubovsky Blvd, Moscow 119847, Russia. * * * * * * Novgorodnefteprodukt OOO, For all items Presumption of 83 FR 6952, 2/16/ a.k.a., the following three subject to the EAR denial. 18. 83 FR aliases: when used in [INSERT FR PAGE --Limited Liability Company projects specified NUMBER AND Novgorodnefteproduct; in Sec. 746.5 of 3/22/18]. --LLC Novgorodnefteproduct; the EAR. and --Novgorodnefteprodukt LLC. d. 20 Germana Ulitsa, Veliky Novgorod, Novgorodskaya Oblast 173002, Russia. * * * * * * Pskovnefteprodukt OOO, For all items Presumption of 83 FR 6952, 2/16/ a.k.a., the following two subject to the EAR denial. 18. 83 FR aliases: when used in [INSERT FR PAGE --Limited Liability Company projects specified NUMBER AND Marketing Association in Sec. 746.5 of 3/22/18]. Pskovnefteproduct; and the EAR. --LLC Pskovnefteproduct. 4 Oktyabrsky Prospekt, Pskov 180000, Russia. * * * * * * SNGB AO, a.k.a., the For all items Presumption of 83 FR 6952, 2/16/ following three aliases: subject to the EAR denial. 18. 83 FR --Closed Joint Stock Company when used in [INSERT FR PAGE Surgutneftegasbank (ZAO projects specified NUMBER AND SNGB); in Sec. 746.5 of 3/22/18]. --Joint Stock Company the EAR. Surgutneftegasbank; and --JSC BANK SNGB. 19 Kukuyvitskogo Street, Surgut 628400, Russia. SO Tvernefteprodukt OOO, For all items Presumption of 83 FR 6952, 2/16/ a.k.a., the following two subject to the EAR denial. 18. 83 FR aliases: when used in [INSERT FR PAGE --Limited Liability Company projects specified NUMBER AND Marketing Association in Sec. 746.5 of 3/22/18]. Tvernefteproduct; and the EAR. --LLC MA Tvernefteproduct. 6 Novotorzhskaya Ulitsa, Tver, Russia. * * * * * * Sovkhoz Chervishevski PAO, For all items Presumption of 83 FR 6952, 2/16/ a.k.a., the following three subject to the EAR denial. 18. 83 FR aliases: when used in [INSERT FR PAGE --OJSC Sovkhoz projects specified NUMBER AND Chervishevsky; in Sec. 746.5 of 3/22/18]. --Open Joint Stock Company the EAR. Sovkhoz Chervishevsky; and --Sovkhoz Chervishevsky, JSC. d. 81 Sovetskaya Ulitsa, S. Chervichevsky, Tyumensky Rayon, Tyumensky Oblast 625519, Russia. [[Page 12482]] * * * * * * Strakhovove Obshchestvo For all items Presumption of 83 FR 6952, 2/16/ Surgutneftegaz OOO, a.k.a., subject to the EAR denial. 18. 83 FR the following three when used in [INSERT FR PAGE aliases: projects specified NUMBER AND --Insurance Company in Sec. 746.5 of 3/22/18]. Surgutneftegas, LLC; the EAR. --Limited Liability Company Insurance Company Surgutneftegas; and --LLC Insurance Company Surgutneftegas. 9/1 Lermontova Ulitsa, Surgut 628418, Russia. * * * * * * Surgutmebel OOO, a.k.a., the For all items Presumption of 83 FR 6952, 2/16/ following four aliases: subject to the EAR denial. 18. 83 FR --Limited Liability Company when used in [INSERT FR PAGE Syrgutmebel; projects specified NUMBER AND --LLC Surgutmebel; in Sec. 746.5 of 3/22/18]. the EAR. --LLC Syrgutmebel; and --Surgutmebel, LLC. Vostochnaya Industrial 1 Territory 2, Poselok Barsovo, Surgutsky District, Yugra, Khanty- Mansiysky Autonomos Okrug, Russia. ---------------------------------------------------------------------------------------------------------------- SINGAPORE.............. * * * * * * ---------------------------------------------------------------------------------------- Mushko Logistics Pte. Ltd., For all items Presumption of 83 FR [INSERT FR Unit 04-01, Lip Hing subject to the denial. PAGE NUMBER AND Industrial Building, 3 EAR. (See Sec. 3/22/18]. Pemimpin Drive, Singapore; 744.11 of the and 37 Pemimpin Drive, #06- EAR). 12 MAPEX, Singapore; and Unit 04-01/03, Pandan Logistics Hub, 49 Pandan Road, Singapore; and 54 Lakeside Drive, #01-22 Caspian, Singapore. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- SOUTH SUDAN............ Ascom Sudd Operating For all items Presumption of 83 FR [INSERT FR Company, a.k.a., the subject to the denial. PAGE NUMBER AND following one alias: EAR. (See Sec. 3/22/18]. --ASOC. 744.11 of the South Sudan. EAR.) Dar Petroleum Operating For all items Presumption of 83 FR [INSERT FR Company, a.k.a., the subject to the denial. PAGE NUMBER AND following one alias: EAR. (See Sec. 3/22/18]. --DPOC. 744.11 of the EAR.) Zhongnan Hotel, on UNMISS Road, South Sudan. DietsmannNile, Tomping For all items Presumption of 83 FR [INSERT FR District opposite Arkel subject to the denial. PAGE NUMBER AND Restaurant, two blocks EAR. (See Sec. 3/22/18]. north of Airport Road, 744.11 of the Juba, South Sudan. EAR.) Greater Pioneer Operating For all items Presumption of 83 FR [INSERT FR Co. Ltd, a.k.a., the subject to the denial. PAGE NUMBER AND following one alias: EAR. (See Sec. 3/22/18]. --GPOC. 744.11 of the EAR.) South Sudan. Juba Petrotech Technical For all items Presumption of 83 FR [INSERT FR Services Ltd. subject to the denial. PAGE NUMBER AND South Sudan. EAR. (See Sec. 3/22/18]. 744.11 of the EAR.) Nile Delta Petroleum For all items Presumption of 83 FR [INSERT FR Company, Hai Malakai subject to the denial. PAGE NUMBER AND neighborhood, Juba, South EAR. (See Sec. 3/22/18]. Sudan. 744.11 of the EAR.) Nile Drilling and Services For all items Presumption of 83 FR [INSERT FR Company, Hai Amarat, subject to the denial. PAGE NUMBER AND Airport Road, West Yat EAR. (See Sec. 3/22/18]. Building, Third Floor, 744.11 of the Juba, South Sudan. EAR.) Nile Petroleum Corporation, For all items Presumption of 83 FR [INSERT FR a.k.a., the following one subject to the denial. PAGE NUMBER AND alias: EAR. (See Sec. 3/22/18]. --Nilepet. 744.11 of the EAR.) Tomping District opposite Arkel Restaurant, two blocks north of Airport Road, Juba, South Sudan. [[Page 12483]] Nyakek and Sons, Jubatown For all items Presumption of 83 FR [INSERT FR District near the Ivory subject to the denial. PAGE NUMBER AND Bank, Juba, South Sudan. EAR. (See Sec. 3/22/18]. 744.11 of the EAR.) Oranto Petroleum, Referendum For all items Presumption of 83 FR [INSERT FR Road, Juba, South Sudan. subject to the denial. PAGE NUMBER AND EAR. (See Sec. 3/22/18]. 744.11 of the EAR.) Safinat Group. For all items Presumption of 83 FR [INSERT FR South Sudan. subject to the denial. PAGE NUMBER AND EAR. (See Sec. 3/22/18]. 744.11 of the EAR.) SIPET Engineering and For all items Presumption of 83 FR [INSERT FR Consultancy Services, subject to the denial. PAGE NUMBER AND a.k.a., the following one EAR. (See Sec. 3/22/18]. alias: 744.11 of the --SPECS. EAR.) Tomping District opposite Arkel Restaurant, two blocks north of Airport Road, Juba, South Sudan. South Sudan Ministry of For all items Presumption of 83 FR [INSERT FR Mining, Nimra Talata, P.O. subject to the denial. PAGE NUMBER AND Box 376, Juba, South Sudan. EAR. (See Sec. 3/22/18]. 744.11 of the EAR.) South Sudan Ministry of For all items Presumption of 83 FR [INSERT FR Petroleum, Ministries Road, subject to the denial. PAGE NUMBER AND Opposite the Presidential EAR. (See Sec. 3/22/18]. Palace, P.O. Box 376, Juba, 744.11 of the South Sudan. EAR.) Sudd Petroleum Operating For all items Presumption of 83 FR [INSERT FR Co., a.k.a., the following subject to the denial. PAGE NUMBER AND one alias: EAR. (See Sec. 3/22/18]. --SPOC. 744.11 of the EAR.) Tharjath, Unity State, South Sudan. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Dated: March 16, 2018. Richard E. Ashooh, Assistant Secretary for Export Administration. [FR Doc. 2018-05789 Filed 3-21-18; 8:45 am] BILLING CODE 3510-33-P
![Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations 12475
part 121. Therefore, prior to the PART 121—OPERATING DATES: This rule is effective March 22,
December 16, 2016 final rule, REQUIREMENTS: DOMESTIC, FLAG, 2018.
§ 121.441(f) did not allow a deviation AND SUPPLEMENTAL OPERATIONS FOR FURTHER INFORMATION CONTACT:
even in cases in which the Flight Chair, End-User Review Committee,
Standardization Board (FSB) determines ■ 1. The authority citation for part 121 Office of the Assistant Secretary, Export
that the use of a lower level FSTD for continues to read as follows: Administration, Bureau of Industry and
a specific maneuver or procedure may Authority: 49 U.S.C. 106(f), 106(g), 40103, Security, Department of Commerce,
be acceptable on a related aircraft 40113, 40119, 41706, 42301 preceding note Phone: (202) 482–5991, Email: ERC@
added by Pub. L. 112–95, sec. 412, 126 Stat. bis.doc.gov.
proficiency check. This oversight 89, 44101, 44701–44702, 44705, 44709–
resulted in inconsistency, as such a 44711, 44713, 44716–44717, 44722, 44729, SUPPLEMENTARY INFORMATION:
determination by the FSB would be 44732, 46105; Pub. L. 111–216, 124 Stat. Background
based on similarities in design and 2348 (49 U.S.C. 44701 note); Pub. L. 112–95,
flight characteristics between the base 126 Stat. 62 (49 U.S.C. 44732 note). The Entity List (15 CFR, Subchapter
aircraft and the related aircraft. As a C, part 744, Supplement No. 4)
§ 121.441 [Amended] identifies entities reasonably believed to
result, the FAA recognized a need to
■ 2. Amend § 121.441 by removing be involved, or to pose a significant risk
permit deviation from the FSTD
paragraph (f)(2)(iii). of being or becoming involved, in
requirements in appendix F to part 121.
Issued under authority provided by 49 activities contrary to the national
The December 16, 2016 final rule security or foreign policy interests of the
U.S.C. 106(f) and 44701(a) in Washington,
amended § 121.441 by amending DC. United States. The Export
paragraph (f), accordingly. Administration Regulations (EAR) (15
Lirio Liu,
This technical amendment removes Executive Director, Office of Rulemaking. CFR, Subchapter C, parts 730–774)
paragraph (f)(2)(iii) from § 121.441 [FR Doc. 2018–05859 Filed 3–21–18; 8:45 am] imposes additional license requirements
because the FAA’s recent changes to BILLING CODE 4910–13–P
on, and limits the availability of most
§ 121.441 render the paragraph license exceptions for, exports,
unnecessary. Paragraph (f)(2)(ii)(B) of reexports, and transfers (in-country) to
§ 121.441 requires the inclusion of those listed. The license review policy
DEPARTMENT OF COMMERCE
maneuvers and procedures, as well as for each listed entity is identified in the
the level of FSTD to be used for each Bureau of Industry and Security License Review Policy column on the
maneuver and procedure, in Entity List, and the impact on the
applications for deviation from the 15 CFR Part 744 availability of license exceptions is
proficiency check requirements of described in the relevant Federal
[Docket No. 180227219–8219–01] Register notice adding entities to the
§ 121.441. Paragraph (f)(2)(iii) also states
RIN 0694–AH51 Entity List. BIS places entities on the
carriers must include maneuvers and
Entity List pursuant to part 744 (Control
procedures in related aircraft Addition of Certain Persons to the Policy: End-User and End-Use Based)
proficiency checks. As a result, although Entity List and Removal of Certain and part 746 (Embargoes and Other
paragraph (f)(2)(iii) does not require a Persons From the Entity List; Special Controls) of the EAR.
listing of the level of FSTD the carrier Correction of License Requirements The End-User Review Committee
plans to use for each maneuver and (ERC), composed of representatives of
procedure, the two paragraphs are AGENCY: Bureau of Industry and
the Departments of Commerce (Chair),
unnecessarily redundant. Overall, the Security, Commerce.
State, Defense, Energy and, where
amended regulatory text will continue ACTION: Final rule.
appropriate, the Treasury, makes all
to ensure carriers that request a SUMMARY: This final rule amends the decisions regarding additions to,
deviation based on a designation of Export Administration Regulations removals from, or other modifications to
related aircraft must include, for (EAR) by adding twenty-three persons to the Entity List. The ERC makes all
purposes of qualification proficiency the Entity List. These twenty-three decisions to add an entry to the Entity
checks, the necessary maneuvers and persons have been determined by the List by majority vote, and makes all
procedures as well as the level of FSTD U.S. Government to be acting contrary decisions to remove or modify an entry
to be used for each maneuver and to the national security or foreign policy by unanimous vote.
procedure. interests of the United States and will be ERC Entity List Decisions
listed on the Entity List under the
III. Technical Amendment destinations of Pakistan, Singapore and Additions to the Entity List
Consistent with the foregoing, the South Sudan. This rule also removes This rule implements the decision of
FAA removes paragraph (f)(2)(iii) to one person under the destination of the ERC to add twenty-three persons to
eliminate the redundancy in paragraphs Ecuador and one person under the the Entity List. These twenty-three
(f)(2)(iii) and (f)(2)(ii)(B). destination of the United Arab Emirates persons are being added on the basis of
(U.A.E.) from the Entity List. Both § 744.11 (License requirements that
List of Subjects in 14 CFR Part 121 removals are the result of requests for apply to entities acting contrary to the
removal received by BIS pursuant to the national security or foreign policy
Air carriers, Aircraft, Airmen, section of the EAR used for requesting interests of the United States) of the
Aviation safety. removal or modification of an Entity
daltland on DSKBBV9HB2PROD with RULES
EAR. The twenty-three entries added to
The Amendment List entry and a review of information the Entity List consist of seven entities
provided in the removal requests. located in Pakistan, one entity in
In consideration of the foregoing, the Lastly, this rule corrects the license Singapore and fifteen entities in South
Federal Aviation Administration requirement for twelve entities that Sudan.
amends 14 CFR part 121 as follows: were added under the destination of The ERC reviewed § 744.11(b)
Russia as part of a recent BIS rule. (Criteria for revising the Entity List) in
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![Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations 12479
immediately, subject to any other notice of proposed rulemaking and an E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp.,
potential license requirements that may opportunity for public comment be p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993
apply under provisions of the EAR other given for this final rule. Comp., p. 608; E.O. 12938, 59 FR 59099, 3
than the Entity List). 6. The Department finds that there is CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR
Removals from the Entity List involve 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026,
good cause under 5 U.S.C. 553(b)(3)(B) 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
interagency deliberation and result from to waive the provisions of the APA 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
review of public and non-public regarding notice of proposed 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
sources, including, where applicable, rulemaking, the opportunity for public Comp., p. 783; E.O. 13224, 66 FR 49079, 3
sensitive law enforcement information comment, and a 30-day delay in CFR, 2001 Comp., p. 786; Notice of August
and classified information, and the effective date for corrections made to 15, 2017, 82 FR 39005 (August 16, 2017);
measurement of such information twelve entries on the Entity List as part Notice of September 18, 2017, 82 FR 43825
against the Entity List removal criteria. of this rule. This rule merely corrects an (September 19, 2017); Notice of November 6,
This information is extensively error resulting from a February 16, 2018 2017, 82 FR 51971 (November 8, 2017);
reviewed according to the criteria for Notice of January 17, 2018, 83 FR 2731
rule regarding the licensing requirement (January 18, 2018).
evaluating removal requests from the under the EAR that is applicable to
Entity List, as set out in 15 CFR part items destined for or otherwise ■ 2. Supplement No. 4 to part 744 is
744, supplement No. 5, and 15 CFR involving twelve entities that were amended:
744.16(b). For reasons of national added to the Entity List by the rule. The ■ a. By removing the heading ‘‘Ecuador’’
security, BIS is not at liberty to provide February 16, 2018 rule was a final rule and one Ecuadorian entity,
to the public detailed information on with immediate effectiveness. It would ‘‘Corporacion Nacional de
which the ERC relied to make the be contrary to the public interest to Telecommunicaciones (CNT), Avenida
decisions to remove these entities. In delay publication of a correction and Gaspar de Villaroel, Quito Ecuador; and
addition, the information included in thereby exacerbate confusion on the part Avda. Veintimilla, Suite 1149 y
the removal request is information of the public as to the correct licensing Amazonas, Edificio Estudio Z, Quito,
exchanged between the applicant and requirement for shipments to or Ecuador.’’;
the ERC, which by law (section 12(c) of involving these twelve entities. ■ b. By adding, under Pakistan, in
the Export Administration Act of 1979), 7. Because a notice of proposed alphabetical order, seven Pakistani
BIS is restricted from sharing with the rulemaking and an opportunity for entities;
public. Moreover, removal requests from public comment are not required to be ■ c. By revising, under Russia, twelve
the Entity List contain confidential given for this rule by 5 U.S.C. 553, or Russian entities;
business information, which is by any other law, the analytical ■ d. By adding, under Singapore, in
necessary for the extensive review requirements of the Regulatory alphabetical order, one Singaporean
conducted by the U.S. Government in Flexibility Act, 5 U.S.C. 601 et seq., are entity;
assessing such requests. not applicable. Accordingly, no ■ e. By adding, in alphabetical order, a
Section 553(d) of the APA generally regulatory flexibility analysis is required heading for South Sudan and fifteen
provides that rules may not take effect and none has been prepared. South Sudanese entities;
earlier than thirty (30) days after they ■ f. By removing, under United Arab
are published in the Federal Register. List of Subjects in 15 CFR Part 744
Emirates, one Emirati entity, ‘‘Talaat
BIS finds good cause to waive the Exports, Reporting and recordkeeping Mehmood, Q–4 136 Warehouse, Sharjah
30-day delay in effectiveness under 5 requirements, Terrorism. Airport International Free (SAIF) Zone,
U.S.C. 553(d)(1) because this rule is a Accordingly, part 744 of the Export Sharjah, UAE; and Q1–08–051/B,
substantive rule which relieves a Administration Regulations (15 CFR Sharjah Airport International Free
restriction. This rule’s removal of two parts 730–774) is amended as follows: (SAIF) Zone, Sharjah, UAE; and P.O.
entities from the Entity List removes Box 121826, Sharjah Airport
requirements (the Entity-List-based PART 744—[AMENDED] International Free (SAIF) Zone, Sharjah,
license requirement and limitation on UAE.’’
use of license exceptions) on those two ■ 1. The authority citation for 15 CFR
part 744 continues to read as follows: The additions and revisions read as
entities. The rule does not impose a
follows:
requirement on any other person for Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
these removals from the Entity List. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. Supplement No. 4 to Part 744—Entity
Further, no other law requires that a 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; List
License Federal Register
Country Entity License review policy
requirement citation
* * * * * * *
PAKISTAN ........ * * * * * *
Akhtar & Munir, Hussain Plaza 60–B For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
No. 3, Adamjee Road, Punjab 46000, the EAR. (See § 744.11 NUMBER AND
Pakistan; of the EAR). 3/22/18].
daltland on DSKBBV9HB2PROD with RULES
* * * * * *
Engineering and Commercial Services For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
(ECS), 204, 2nd Floor, Capital Busi- the EAR. (See § 744.11 NUMBER AND
ness Center, F–10 Markaz, of the EAR). 3/22/18].
Islamabad, Pakistan.
* * * * * *
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![12480 Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations
License Federal Register
Country Entity License review policy
requirement citation
Marine Systems Pvt. Ltd., 2nd Floor, For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
Kashmir Plaza, Blue Area, G–6/F–6 the EAR. (See § 744.11 NUMBER AND
Islamabad, Pakistan. of the EAR). 3/22/18].
* * * * * *
Mushko Electronics Pvt. Ltd., Safa For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
House Address, Abdullah Haroon the EAR. (See § 744.11 NUMBER AND
Road, Karachi Pakistan; and Victoria of the EAR). 3/22/18].
Chambers, Abdullah Haroon Road,
Saddar Town, Karachi Pakistan; and
Office No. 3&8, First Floor, Center
Point Plaza, Main Boulevad,
Gullberg-III, Lahore, Pakistan; 26–D
Kashmir Plaza East, Jinnah Avenue,
Blue Area, Islamabad, Pakistan; and
68–W, Sama Plaza, Blue Area Sec-
tor G–7, Islamabad, Pakistan.
* * * * * *
Pervaiz Commercial Trading Co. For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
(PCTC), PCTC House, 36–B Model the EAR. (See § 744.11 NUMBER AND
Town, Lahore, Pakistan. of the EAR). 3/22/18].
* * * * * *
Proficient Engineers, Tariq Block, 437 For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
New Garen Town, Lahore, Pakistan. the EAR. (See § 744.11 NUMBER AND
of the EAR). 3/22/18].
* * * * * *
Solutions Engineering Pvt. Ltd., a.k.a., For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
the following two aliases: the EAR. (See § 744.11 NUMBER AND
—Solutronix Engineering Pvt. Ltd. and of the EAR). 3/22/18].
—Solutronix Pvt. Ltd.
95A Solutions Tower, DHA Phase 8
Commercial Broadway, Lahore, Paki-
stan; and 54–B PAF Colony, Zarar
Shaheed, Lahore, Pakistan; and
Ground Floor, Almas Tower, Begum
Salma Tassadaq Road, Near E
Plomer, Lahore, Pakistan; and Suite
1&4, Hafeez Chamber 85 The Mall
Lahore, Pakistan; and Gohawa Dak
Dhana Bhatta Kohaar, Lahore, Paki-
stan; and Sehajpal Village, near New
Airport Road, Lahore, Pakistan; and,
Office #201, 2nd Floor, Capital Busi-
ness Center, F–10 Markaz,
Islamabad, Pakistan; and 156 The
Mall, Rawalpindi, Pakistan.
* * * * * * *
RUSSIA ............ * * * * * *
Kaliningradnefteprodukt OOO, a.k.a., For all items subject to Presumption of denial ...... 83 FR 6952, 2/16/18. 83
the following three aliases: the EAR when used in FR [INSERT FR PAGE
—Kaliningradnefteprodukt LLC; projects specified in NUMBER AND
—Limited Liability Company § 746.5 of the EAR. 3/22/18].
Kaliningradnefteproduct; and
—LLC Kaliningradnefteproduct.
22–b Komsomolskaya Ulitsa, Central
District, Kaliningrad, Russia.
* * * * * *
Kinef OOO, a.k.a., the following three For all items subject to Presumption of denial ...... 83 FR 6952, 2/16/18. 83
aliases: the EAR when used in FR [INSERT FR PAGE
—Kinef, LLC; projects specified in NUMBER AND
—Limited Liability Company Production § 746.5 of the EAR. 3/22/18].
daltland on DSKBBV9HB2PROD with RULES
Association Kirishinefteorgsintez; and
—LLC Kinef.
d. 1 Shosse Entuziastov, Kirishi,
Leningradskaya Oblast 187110, Rus-
sia.
* * * * * *
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![Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations 12481
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Kirishiavtoservis OOO, a.k.a., the fol- For all items subject to Presumption of denial ...... 83 FR 6952, 2/16/18. 83
lowing two aliases: the EAR when used in FR [INSERT FR PAGE
—Limited Liability Company projects specified in NUMBER AND
Kirishiavtoservis; and § 746.5 of the EAR. 3/22/18].
—LLC Kirishiavtoservis.
lit A, 12 Smolenskaya Ulitsa, St. Pe-
tersburg 196084.
* * * * * *
Lengiproneftekhim OOO, a.k.a., the fol- For all items subject to Presumption of denial ...... 83 FR 6952, 2/16/18. 83
lowing three aliases: the EAR when used in FR [INSERT FR PAGE
—Institut Po Proektirovaniyu projects specified in NUMBER AND
Predpriyaty § 746.5 of the EAR. 3/22/18].
Neftepererabatyvayuschey I
Neftekhimicheskoy Promyshlennosti,
Limited Liability Company;
—Limited Liability Company Oil Refin-
ing and Petrochemical Facilities De-
sign Institute; and
—LLC Lengiproneftekhim.
d. 94, Obvodnogo Kanala, nab, St. Pe-
tersburg 196084, Russia.
* * * * * *
Media-Invest OOO, a.k.a., the following For all items subject to Presumption of denial ...... 83 FR 6952, 2/16/18. 83
two aliases: the EAR when used in FR [INSERT FR PAGE
—Limited Liability Company Media-In- projects specified in NUMBER AND
vest; and § 746.5 of the EAR. 3/22/18].
—LLC Media-Invest.
17 Bld 1 Zubovsky Blvd, Moscow
119847, Russia.
* * * * * *
Novgorodnefteprodukt OOO, a.k.a., the For all items subject to Presumption of denial ...... 83 FR 6952, 2/16/18. 83
following three aliases: the EAR when used in FR [INSERT FR PAGE
—Limited Liability Company projects specified in NUMBER AND
Novgorodnefteproduct; § 746.5 of the EAR. 3/22/18].
—LLC Novgorodnefteproduct; and
—Novgorodnefteprodukt LLC.
d. 20 Germana Ulitsa, Veliky Novgorod,
Novgorodskaya Oblast 173002, Rus-
sia.
* * * * * *
Pskovnefteprodukt OOO, a.k.a., the fol- For all items subject to Presumption of denial ...... 83 FR 6952, 2/16/18. 83
lowing two aliases: the EAR when used in FR [INSERT FR PAGE
—Limited Liability Company Marketing projects specified in NUMBER AND
Association Pskovnefteproduct; and § 746.5 of the EAR. 3/22/18].
—LLC Pskovnefteproduct.
4 Oktyabrsky Prospekt, Pskov 180000,
Russia.
* * * * * *
SNGB AO, a.k.a., the following three For all items subject to Presumption of denial ...... 83 FR 6952, 2/16/18. 83
aliases: the EAR when used in FR [INSERT FR PAGE
—Closed Joint Stock Company projects specified in NUMBER AND
Surgutneftegasbank (ZAO SNGB); § 746.5 of the EAR. 3/22/18].
—Joint Stock Company
Surgutneftegasbank; and
—JSC BANK SNGB.
19 Kukuyvitskogo Street, Surgut
628400, Russia.
SO Tvernefteprodukt OOO, a.k.a., the For all items subject to Presumption of denial ...... 83 FR 6952, 2/16/18. 83
following two aliases: the EAR when used in FR [INSERT FR PAGE
—Limited Liability Company Marketing projects specified in NUMBER AND
Association Tvernefteproduct; and § 746.5 of the EAR. 3/22/18].
—LLC MA Tvernefteproduct.
6 Novotorzhskaya Ulitsa, Tver, Russia.
* * * * * *
Sovkhoz Chervishevski PAO, a.k.a., For all items subject to Presumption of denial ...... 83 FR 6952, 2/16/18. 83
the following three aliases: the EAR when used in FR [INSERT FR PAGE
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—OJSC Sovkhoz Chervishevsky; projects specified in NUMBER AND
—Open Joint Stock Company Sovkhoz § 746.5 of the EAR. 3/22/18].
Chervishevsky; and
—Sovkhoz Chervishevsky, JSC.
d. 81 Sovetskaya Ulitsa, S.
Chervichevsky, Tyumensky Rayon,
Tyumensky Oblast 625519, Russia.
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![12482 Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations
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Country Entity License review policy
requirement citation
* * * * * *
Strakhovove Obshchestvo For all items subject to Presumption of denial ...... 83 FR 6952, 2/16/18. 83
Surgutneftegaz OOO, a.k.a., the fol- the EAR when used in FR [INSERT FR PAGE
lowing three aliases: projects specified in NUMBER AND
—Insurance Company Surgutneftegas, § 746.5 of the EAR. 3/22/18].
LLC;
—Limited Liability Company Insurance
Company Surgutneftegas; and
—LLC Insurance Company
Surgutneftegas.
9/1 Lermontova Ulitsa, Surgut 628418,
Russia.
* * * * * *
Surgutmebel OOO, a.k.a., the following For all items subject to Presumption of denial ...... 83 FR 6952, 2/16/18. 83
four aliases: the EAR when used in FR [INSERT FR PAGE
—Limited Liability Company projects specified in NUMBER AND
Syrgutmebel; § 746.5 of the EAR. 3/22/18].
—LLC Surgutmebel;
—LLC Syrgutmebel; and
—Surgutmebel, LLC.
Vostochnaya Industrial 1 Territory 2,
Poselok Barsovo, Surgutsky District,
Yugra, Khanty-Mansiysky Autonomos
Okrug, Russia.
SINGAPORE .... * * * * * *
Mushko Logistics Pte. Ltd., Unit 04–01, For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
Lip Hing Industrial Building, 3 the EAR. (See § 744.11 NUMBER AND
Pemimpin Drive, Singapore; and 37 of the EAR). 3/22/18].
Pemimpin Drive, #06–12 MAPEX,
Singapore; and Unit 04–01/03,
Pandan Logistics Hub, 49 Pandan
Road, Singapore; and 54 Lakeside
Drive, #01–22 Caspian, Singapore.
* * * * * * *
SOUTH SUDAN Ascom Sudd Operating Company, For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
a.k.a., the following one alias: the EAR. (See § 744.11 NUMBER AND
—ASOC. of the EAR.) 3/22/18].
South Sudan.
Dar Petroleum Operating Company, For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
a.k.a., the following one alias: the EAR. (See § 744.11 NUMBER AND
—DPOC. of the EAR.) 3/22/18].
Zhongnan Hotel, on UNMISS Road,
South Sudan.
DietsmannNile, Tomping District oppo- For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
site Arkel Restaurant, two blocks the EAR. (See § 744.11 NUMBER AND
north of Airport Road, Juba, South of the EAR.) 3/22/18].
Sudan.
Greater Pioneer Operating Co. Ltd, For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
a.k.a., the following one alias: the EAR. (See § 744.11 NUMBER AND
—GPOC. of the EAR.) 3/22/18].
South Sudan.
Juba Petrotech Technical Services Ltd. For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
South Sudan. the EAR. (See § 744.11 NUMBER AND
of the EAR.) 3/22/18].
Nile Delta Petroleum Company, Hai For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
Malakai neighborhood, Juba, South the EAR. (See § 744.11 NUMBER AND
Sudan. of the EAR.) 3/22/18].
Nile Drilling and Services Company, For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
Hai Amarat, Airport Road, West Yat the EAR. (See § 744.11 NUMBER AND
Building, Third Floor, Juba, South of the EAR.) 3/22/18].
daltland on DSKBBV9HB2PROD with RULES
Sudan.
Nile Petroleum Corporation, a.k.a., the For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
following one alias: the EAR. (See § 744.11 NUMBER AND
—Nilepet. of the EAR.) 3/22/18].
Tomping District opposite Arkel Res-
taurant, two blocks north of Airport
Road, Juba, South Sudan.
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![Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations 12483
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Nyakek and Sons, Jubatown District For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
near the Ivory Bank, Juba, South the EAR. (See § 744.11 NUMBER AND
Sudan. of the EAR.) 3/22/18].
Oranto Petroleum, Referendum Road, For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
Juba, South Sudan. the EAR. (See § 744.11 NUMBER AND
of the EAR.) 3/22/18].
Safinat Group. For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
South Sudan. the EAR. (See § 744.11 NUMBER AND
of the EAR.) 3/22/18].
SIPET Engineering and Consultancy For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
Services, a.k.a., the following one the EAR. (See § 744.11 NUMBER AND
alias: of the EAR.) 3/22/18].
—SPECS.
Tomping District opposite Arkel Res-
taurant, two blocks north of Airport
Road, Juba, South Sudan.
South Sudan Ministry of Mining, Nimra For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
Talata, P.O. Box 376, Juba, South the EAR. (See § 744.11 NUMBER AND
Sudan. of the EAR.) 3/22/18].
South Sudan Ministry of Petroleum, For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
Ministries Road, Opposite the Presi- the EAR. (See § 744.11 NUMBER AND
dential Palace, P.O. Box 376, Juba, of the EAR.) 3/22/18].
South Sudan.
Sudd Petroleum Operating Co., a.k.a., For all items subject to Presumption of denial ...... 83 FR [INSERT FR PAGE
the following one alias: the EAR. (See § 744.11 NUMBER AND
—SPOC. of the EAR.) 3/22/18].
Tharjath, Unity State, South Sudan.
* * * * * * *
Dated: March 16, 2018. on foreign supplier verification such as medical information, your or
Richard E. Ashooh, programs (FSVPs) to importers of anyone else’s Social Security number, or
Assistant Secretary for Export certain live animals. The enforcement confidential business information, such
Administration. discretion would apply to importers of as a manufacturing process. Please note
[FR Doc. 2018–05789 Filed 3–21–18; 8:45 am] live animals that are required to be that if you include your name, contact
BILLING CODE 3510–33–P slaughtered and processed at U.S. information, or other information that
Department of Agriculture (USDA) identifies you in the body of your
regulated establishments subject to comments, that information will be
DEPARTMENT OF HEALTH AND USDA-administered Hazard Analysis posted on https://www.regulations.gov.
HUMAN SERVICES and Critical Control Point (HACCP) • If you want to submit a comment
requirements, or at State-inspected with confidential information that you
Food and Drug Administration establishments subject to requirements do not wish to be made available to the
equivalent to the Federal standard. public, submit the comment as a
21 CFR Part 1 DATES: The announcement of the written/paper submission and in the
guidance is published in the Federal manner detailed (see ‘‘Written/Paper
[Docket No. FDA–2018–D–0721] Register on March 22, 2018. Submissions’’ and ‘‘Instructions’’).
Application of the Foreign Supplier ADDRESSES: You may submit either Written/Paper Submissions
Verification Program Regulation to the electronic or written comments on
Agency guidances at any time as Submit written/paper submissions as
Importation of Live Animals: Guidance follows:
for Industry; Availability follows:
• Mail/Hand delivery/Courier (for
AGENCY: Food and Drug Administration, Electronic Submissions written/paper submissions): Dockets
HHS. Submit electronic comments in the Management Staff (HFA–305), Food and
ACTION: Notification of availability. following way: Drug Administration, 5630 Fishers
• Federal eRulemaking Portal: Lane, Rm. 1061, Rockville, MD 20852.
SUMMARY: The Food and Drug https://www.regulations.gov. Follow the • For written/paper comments
Administration (FDA, Agency, or we) is instructions for submitting comments. submitted to the Dockets Management
announcing the availability of a Comments submitted electronically, Staff, FDA will post your comment, as
guidance for industry entitled including attachments, to https:// well as any attachments, except for
‘‘Application of the Foreign Supplier www.regulations.gov will be posted to information submitted, marked and
daltland on DSKBBV9HB2PROD with RULES
Verification Program Regulations to the the docket unchanged. Because your identified, as confidential, if submitted
Importation of Live Animals: Guidance comment will be made public, you are as detailed in ‘‘Instructions.’’
for Industry.’’ The purpose of this solely responsible for ensuring that your Instructions: All submissions received
document is to state FDA’s intent to comment does not include any must include the Docket No. FDA–
exercise enforcement discretion confidential information that you or a 2018–D–0721 for ‘‘Application of the
regarding application of the regulation third party may not wish to be posted, Foreign Supplier Verification Program
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Document Created: 2018-03-22 01:24:49
Document Modified: 2018-03-22 01:24:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective March 22, 2018. | |
| 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 | 83 FR 12475 | |
| RIN Number | 0694-AH51 | |
| CFR Associated | Exports; Reporting and Recordkeeping Requirements and Terrorism |
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