83_FR_21903 83 FR 21812 - Imposition of Nonproliferation Measures Against Foreign Persons, Including a Ban on U.S. Government Procurement

83 FR 21812 - Imposition of Nonproliferation Measures Against Foreign Persons, Including a Ban on U.S. Government Procurement

DEPARTMENT OF STATE

Federal Register Volume 83, Issue 91 (May 10, 2018)

Page Range21812-21813
FR Document2018-10091

A determination has been made that a number of foreign persons have engaged in activities that warrant the imposition of measures pursuant to Section 3 of the Iran, North Korea, and Syria Nonproliferation Act. The Act provides for penalties on foreign entities and individuals for the transfer to or acquisition from Iran since January 1, 1999; the transfer to or acquisition from Syria since January 1, 2005; or the transfer to or acquisition from North Korea since January 1, 2006, of goods, services, or technology controlled under multilateral control lists (Missile Technology Control Regime, Australia Group, Chemical Weapons Convention, Nuclear Suppliers Group, Wassenaar Arrangement) or otherwise having the potential to make a material contribution to the development of weapons of mass destruction (WMD) or cruise or ballistic missile systems. The latter category includes items of the same kind as those on multilateral lists but falling below the control list parameters when it is determined that such items have the potential of making a material contribution to WMD or cruise or ballistic missile systems, items on U.S. national control lists for WMD/missile reasons that are not on multilateral lists, and other items with the potential of making such a material contribution when added through case-by-case decisions.

Federal Register, Volume 83 Issue 91 (Thursday, May 10, 2018)
[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Notices]
[Pages 21812-21813]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10091]


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DEPARTMENT OF STATE

[Public Notice: 10407]


Imposition of Nonproliferation Measures Against Foreign Persons, 
Including a Ban on U.S. Government Procurement

AGENCY: Bureau of International Security and Nonproliferation, 
Department of State.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: A determination has been made that a number of foreign persons 
have engaged in activities that warrant the imposition of measures 
pursuant to Section 3 of the Iran, North Korea, and Syria 
Nonproliferation Act. The Act provides for penalties on foreign 
entities and individuals for the transfer to or acquisition from Iran 
since January 1, 1999; the transfer to or acquisition from Syria since 
January 1, 2005; or the transfer to or acquisition from North Korea 
since January 1, 2006, of goods, services, or technology controlled 
under multilateral control lists (Missile Technology Control Regime, 
Australia Group, Chemical Weapons Convention, Nuclear Suppliers Group, 
Wassenaar Arrangement) or otherwise having the potential to make a 
material contribution to the development of weapons of mass destruction 
(WMD) or cruise or ballistic missile systems. The latter category 
includes items of the same kind as those on multilateral lists but 
falling below the control list parameters when it is determined that 
such items have the potential of making a material contribution to WMD 
or cruise or ballistic missile systems, items on U.S. national control 
lists for WMD/missile reasons that are not on multilateral lists, and 
other items with the potential of making such a material contribution 
when added through case-by-case decisions.

DATES: April 30, 2018.

FOR FURTHER INFORMATION CONTACT: On general issues: Pam Durham, Office 
of Missile, Biological, and Chemical Nonproliferation, Bureau of 
International Security and Nonproliferation, Department of State, 
Telephone (202) 647-4930, durhampk@state.gov. For U.S. Government 
procurement ban issues: Eric Moore, Office of the Procurement 
Executive, Department of State, Telephone: (703) 875-4079, 
mooren@state.gov.

SUPPLEMENTARY INFORMATION: On April 30, 2018 the U.S. Government 
applied the measures authorized in Section 3 of the Iran, North Korea, 
and Syria Nonproliferation Act (Pub. L. 109-353) against the following 
foreign persons identified in the report submitted pursuant to Section 
2(a) of the Act:
    Abascience Tech Co., Ltd. (China) and any successor, sub-unit, or 
subsidiary thereof;
    Easy Fashion Metal Products Trade Company [aka Easyfashion 
Industries] (China) and any successor, sub-unit, or subsidiary thereof;
    Emily Liu (Chinese individual);
    Karl Lee [aka Li Fangwei] (Chinese individual);
    Raybeam Optronics Co., Ltd (China) and any successor, sub-unit, or 
subsidiary thereof;
    Shanghai Rotech Pharmaceutical Engineering Company (China) and any 
successor, sub-unit, or subsidiary thereof;
    Sinotech (Dalian) Carbon and Graphite Corporation (SCGC) (China) 
and any successor, sub-unit, or subsidiary thereof;
    Sunway Tech Co., Ltd (China) and any successor, sub-unit, or 
subsidiary thereof;
    T-Rubber Co. Ltd (China) and any successor, sub-unit, or subsidiary 
thereof;
    Sakr Factory for Developmental Industries (Egypt) and any 
successor, sub-unit, or subsidiary thereof;
    Mojtaba Ghasemi (Iranian individual);
    Islamic Revolutionary Guard Corps Qods Force (IRGC QF) (Iran) and 
any successor, sub-unit, or subsidiary thereof;
    Pars Aviation Service Company (PASC) (Iran) and any successor, sub-
unit, or subsidiary thereof;
    Defense Industries Organization (DIO) (Iran) and any successor, 
sub-unit, or subsidiary thereof;
    Saeng Pil Trading Corporation (SPTC) (North Korea) and any 
successor, sub-unit, or subsidiary thereof;
    Second Economic Committee (SEC) Korea Ryonbong General Corporation 
(North Korea) and any successor, sub-unit, or subsidiary thereof;
    183rd Guard Air Defense Missile Regiment (Russia) and any 
successor, sub-unit, or subsidiary thereof;
    Instrument Design Bureau (KBP) Tula (Russia) and any successor, 
sub-unit, or subsidiary thereof;
    Gatchina Surface-to-Air Missile Training Center (Russia) and any 
successor, sub-unit, or subsidiary thereof;
    Russian General Staff Main Intelligence Directorate (GRU) (Russia) 
and any successor, sub-unit, or subsidiary thereof;
    18th Central Scientific Research Institute (18th TsNII) Scientific 
Research Center (NITs) (Kursk) (Russia) and any successor, sub-unit, or 
subsidiary thereof;
    Russian Research and Production Concern (BARL) and any successor, 
sub-unit, or subsidiary thereof;
    Scientific Studies and Research Center (SSRC) (Syria) and any 
successor, sub-unit, or subsidiary thereof;
    Lebanese Hizballah (Syria) and any successor, sub-unit, or 
subsidiary thereof;
    Megatrade (Syria) and any successor, sub-unit, or subsidiary 
thereof;
    Syrian Air Force (Syria) and any successor, sub-unit, or subsidiary 
thereof;
    Seden Denizcilik Hizmeleri Sanayi de Ticaret Limited (Turkey) and 
any successor, sub-unit, or subsidiary thereof; and
    Yona Star International (United Arab Emirates) and any successor, 
sub-unit, or subsidiary thereof.
    Accordingly, pursuant to Section 3 of the Act, the following 
measures are imposed on these persons:
    1. No department or agency of the United States Government may 
procure

[[Page 21813]]

or enter into any contract for the procurement of any goods, 
technology, or services from these foreign persons, except to the 
extent that the Secretary of State otherwise may determine;
    2. No department or agency of the United States Government may 
provide any assistance to these foreign persons, and these persons 
shall not be eligible to participate in any assistance program of the 
United States Government, except to the extent that the Secretary of 
State otherwise may determine;
    3. No United States Government sales to these foreign persons of 
any item on the United States Munitions List are permitted, and all 
sales to these persons of any defense articles, defense services, or 
design and construction services under the Arms Export Control Act are 
terminated; and
    4. No new individual licenses shall be granted for the transfer to 
these foreign persons of items the export of which is controlled under 
the Export Administration Act of 1979 or the Export Administration 
Regulations, and any existing such licenses are suspended.
    These measures shall be implemented by the responsible departments 
and agencies of the United States Government and will remain in place 
for two years from the effective date, except to the extent that the 
Secretary of State may subsequently determine otherwise.

Christopher A. Ford,
Assistant Secretary of State for International Security and 
Nonproliferation.
[FR Doc. 2018-10091 Filed 5-9-18; 8:45 am]
 BILLING CODE 4710-25-P



                                               21812                          Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Notices

                                               Because Of Eligibility For Governmental                 Korea since January 1, 2006, of goods,                   T-Rubber Co. Ltd (China) and any
                                               Pension;                                                services, or technology controlled under              successor, sub-unit, or subsidiary
                                                  • SSR 70–23c: Section 228(c).—                       multilateral control lists (Missile                   thereof;
                                               Special Age 72 Payments—Effect On                       Technology Control Regime, Australia                     Sakr Factory for Developmental
                                               Claimant’s Eligibility Where                            Group, Chemical Weapons Convention,                   Industries (Egypt) and any successor,
                                               Application Not Filed By Spouse Who                     Nuclear Suppliers Group, Wassenaar                    sub-unit, or subsidiary thereof;
                                               Is Eligible For Periodic Benefit Under                  Arrangement) or otherwise having the                     Mojtaba Ghasemi (Iranian individual);
                                               Governmental Pension System;                            potential to make a material                             Islamic Revolutionary Guard Corps
                                                  • SSR 72–27: Sections 228 (of Social                 contribution to the development of                    Qods Force (IRGC QF) (Iran) and any
                                               Security Act) and 103 of Social Security                weapons of mass destruction (WMD) or                  successor, sub-unit, or subsidiary
                                               Amendments of 1965.—Special Age 72                      cruise or ballistic missile systems. The              thereof;
                                               and Hospital Insurance Benefits—5                       latter category includes items of the                    Pars Aviation Service Company
                                               Years Continuous Residence                              same kind as those on multilateral lists              (PASC) (Iran) and any successor, sub-
                                               Requirement; and                                        but falling below the control list                    unit, or subsidiary thereof;
                                                  • SSR 74–27c: Sections 205(g), 228(a)                parameters when it is determined that                    Defense Industries Organization (DIO)
                                               and (e) (42 U.S.C. 405(g), 428(a), and                  such items have the potential of making               (Iran) and any successor, sub-unit, or
                                               428(e)).—Special Age 72 Payments—                       a material contribution to WMD or                     subsidiary thereof;
                                               Application and Residence                               cruise or ballistic missile systems, items               Saeng Pil Trading Corporation (SPTC)
                                               Requirements—Constitutionally [sic] as                  on U.S. national control lists for WMD/               (North Korea) and any successor, sub-
                                               to Puerto Rican Residents.                              missile reasons that are not on                       unit, or subsidiary thereof;
                                                  These SSRs interpret and apply our                                                                            Second Economic Committee (SEC)
                                                                                                       multilateral lists, and other items with
                                               rules on ‘‘Special Payments at Age 72’’                                                                       Korea Ryonbong General Corporation
                                                                                                       the potential of making such a material
                                               in 20 CFR 404.380, 404.381, 404.382,                                                                          (North Korea) and any successor, sub-
                                                                                                       contribution when added through case-
                                               404.383, and 404.384. In today’s Federal                                                                      unit, or subsidiary thereof;
                                                                                                       by-case decisions.
                                                                                                                                                                183rd Guard Air Defense Missile
                                               Register, we published a final rule that                DATES: April 30, 2018.                                Regiment (Russia) and any successor,
                                               removes our ‘‘Special Payments at Age                   FOR FURTHER INFORMATION CONTACT: On                   sub-unit, or subsidiary thereof;
                                               72’’ rules, and revises other rules that                general issues: Pam Durham, Office of                    Instrument Design Bureau (KBP) Tula
                                               refer to special age 72 payments. As we                 Missile, Biological, and Chemical                     (Russia) and any successor, sub-unit, or
                                               explain in that final rule, we are                      Nonproliferation, Bureau of                           subsidiary thereof;
                                               removing our rules on special age 72                    International Security and                               Gatchina Surface-to-Air Missile
                                               payments because they are obsolete and                  Nonproliferation, Department of State,                Training Center (Russia) and any
                                               no longer needed. We are rescinding                     Telephone (202) 647–4930, durhampk@                   successor, sub-unit, or subsidiary
                                               these SSRs for the same reason.                         state.gov. For U.S. Government                        thereof;
                                               (Catalog of Federal Domestic Assistance,                procurement ban issues: Eric Moore,                      Russian General Staff Main
                                               Programs Nos. Social Security—Retirement                Office of the Procurement Executive,                  Intelligence Directorate (GRU) (Russia)
                                               Insurance; 96.004, Social Security—                     Department of State, Telephone: (703)                 and any successor, sub-unit, or
                                               Survivors Insurance.)                                   875–4079, mooren@state.gov.                           subsidiary thereof;
                                               Nancy A. Berryhill,                                     SUPPLEMENTARY INFORMATION: On April                      18th Central Scientific Research
                                               Acting Commissioner of Social Security.                 30, 2018 the U.S. Government applied                  Institute (18th TsNII) Scientific
                                                                                                       the measures authorized in Section 3 of               Research Center (NITs) (Kursk) (Russia)
                                               [FR Doc. 2018–09911 Filed 5–9–18; 8:45 am]
                                                                                                       the Iran, North Korea, and Syria                      and any successor, sub-unit, or
                                               BILLING CODE 4191–02–P
                                                                                                       Nonproliferation Act (Pub. L. 109–353)                subsidiary thereof;
                                                                                                       against the following foreign persons                    Russian Research and Production
                                                                                                       identified in the report submitted                    Concern (BARL) and any successor, sub-
                                               DEPARTMENT OF STATE                                     pursuant to Section 2(a) of the Act:                  unit, or subsidiary thereof;
                                               [Public Notice: 10407]                                    Abascience Tech Co., Ltd. (China) and                  Scientific Studies and Research
                                                                                                       any successor, sub-unit, or subsidiary                Center (SSRC) (Syria) and any
                                               Imposition of Nonproliferation                          thereof;                                              successor, sub-unit, or subsidiary
                                               Measures Against Foreign Persons,                         Easy Fashion Metal Products Trade                   thereof;
                                               Including a Ban on U.S. Government                      Company [aka Easyfashion Industries]                     Lebanese Hizballah (Syria) and any
                                               Procurement                                             (China) and any successor, sub-unit, or               successor, sub-unit, or subsidiary
                                                                                                       subsidiary thereof;                                   thereof;
                                               AGENCY:  Bureau of International                          Emily Liu (Chinese individual);                        Megatrade (Syria) and any successor,
                                               Security and Nonproliferation,                            Karl Lee [aka Li Fangwei] (Chinese                  sub-unit, or subsidiary thereof;
                                               Department of State.                                    individual);                                             Syrian Air Force (Syria) and any
                                               ACTION: Notice.                                           Raybeam Optronics Co., Ltd (China)                  successor, sub-unit, or subsidiary
                                                                                                       and any successor, sub-unit, or                       thereof;
                                               SUMMARY:   A determination has been                     subsidiary thereof;                                      Seden Denizcilik Hizmeleri Sanayi de
                                               made that a number of foreign persons                     Shanghai Rotech Pharmaceutical                      Ticaret Limited (Turkey) and any
                                               have engaged in activities that warrant                 Engineering Company (China) and any                   successor, sub-unit, or subsidiary
                                               the imposition of measures pursuant to                  successor, sub-unit, or subsidiary                    thereof; and
                                               Section 3 of the Iran, North Korea, and                 thereof;                                                 Yona Star International (United Arab
daltland on DSKBBV9HB2PROD with NOTICES




                                               Syria Nonproliferation Act. The Act                       Sinotech (Dalian) Carbon and                        Emirates) and any successor, sub-unit,
                                               provides for penalties on foreign entities              Graphite Corporation (SCGC) (China)                   or subsidiary thereof.
                                               and individuals for the transfer to or                  and any successor, sub-unit, or                          Accordingly, pursuant to Section 3 of
                                               acquisition from Iran since January 1,                  subsidiary thereof;                                   the Act, the following measures are
                                               1999; the transfer to or acquisition from                 Sunway Tech Co., Ltd (China) and                    imposed on these persons:
                                               Syria since January 1, 2005; or the                     any successor, sub-unit, or subsidiary                   1. No department or agency of the
                                               transfer to or acquisition from North                   thereof;                                              United States Government may procure


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                                                                              Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Notices                                             21813

                                               or enter into any contract for the                      the Trade Representative regarding trade              connection with the development,
                                               procurement of any goods, technology,                   barriers, negotiation of trade                        implementation, and administration of
                                               or services from these foreign persons,                 agreements, and implementation of                     the trade policy of the United States.
                                               except to the extent that the Secretary of              existing trade agreements affecting                   The nonpartisan, industry input
                                               State otherwise may determine;                          industry sectors, and perform other                   provided by the ITACs is important in
                                                 2. No department or agency of the                     advisory functions relevant to U.S. trade             developing unified trade policy
                                               United States Government may provide                    policy matters. There currently are                   objectives and positions when the
                                               any assistance to these foreign persons,                opportunities for membership on each                  United States negotiates and
                                               and these persons shall not be eligible                 ITAC and we will accept nominations                   implements trade agreements.
                                               to participate in any assistance program                throughout the charter term.                             The ITACs address market-access
                                               of the United States Government, except                 DATES: We will accept nominations for                 problems, trade barriers, tariffs,
                                               to the extent that the Secretary of State               membership on the ITACs throughout                    discriminatory foreign procurement
                                               otherwise may determine;                                the four-year charter term.                           practices, and information, marketing,
                                                 3. No United States Government sales                  ADDRESSES: Submit nominations via
                                                                                                                                                             and advocacy needs of their industry
                                               to these foreign persons of any item on                 email to ITAC@trade.gov.                              sector. Eleven ITACs (ITACS 1–11)
                                               the United States Munitions List are                                                                          provide advice and information on
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                               permitted, and all sales to these persons                                                                     issues that affect specific sectors of U.S.
                                                                                                       Ingrid Mitchem, Director, Industry
                                               of any defense articles, defense services,                                                                    industry. Three ITACs (ITACs 12–14)
                                                                                                       Trade Advisory Center, U.S. Department
                                               or design and construction services                                                                           focus on crosscutting functional issues
                                                                                                       of Commerce at 202–482–3268, or
                                               under the Arms Export Control Act are                                                                         that affect all industry sectors and
                                                                                                       Gregory Walters, Assistant United States
                                               terminated; and                                                                                               include specifically appointed members
                                                                                                       Trade Representative for
                                                 4. No new individual licenses shall be                                                                      along with non-voting members from
                                                                                                       Intergovernmental Affairs and Public
                                               granted for the transfer to these foreign                                                                     the industry specific ITACs to represent
                                                                                                       Engagement at Gregory.M.Walters@
                                               persons of items the export of which is                                                                       a broad range of industry perspectives.
                                                                                                       ustr.eop.gov or 202–395–2558. You can
                                               controlled under the Export                                                                                   The ITACs may address other trade
                                                                                                       find additional information about the
                                               Administration Act of 1979 or the                                                                             policy issues, e.g., government
                                                                                                       ITACs on the International Trade
                                               Export Administration Regulations, and                                                                        procurement and subsidies, in ad hoc
                                                                                                       Administration website at
                                               any existing such licenses are                                                                                working groups.
                                                                                                       www.trade.gov/itac.
                                               suspended.                                                                                                    III. What is the ITAC slate for 2018–
                                                                                                       SUPPLEMENTARY INFORMATION:
                                                 These measures shall be implemented                                                                         2022?
                                               by the responsible departments and                      I. Background
                                               agencies of the United States                                                                                    When the Trade Representative and
                                                                                                          Section 135 of the Trade Act of 1974,              the Secretary organize the ITACs, the
                                               Government and will remain in place                     as amended (19 U.S.C. 2155),
                                               for two years from the effective date,                                                                        Trade Act requires that they consult
                                                                                                       establishes a private-sector trade                    with interested private organizations
                                               except to the extent that the Secretary of              advisory system to ensure that U.S.
                                               State may subsequently determine                                                                              and consider:
                                               otherwise.
                                                                                                       trade policy and trade negotiation                       • Patterns of actual or potential
                                                                                                       objectives adequately reflect U.S.                    competition between U.S. industry and
                                               Christopher A. Ford,                                    commercial and economic interests.                    agriculture and foreign enterprise in
                                               Assistant Secretary of State for International          Section 135(c)(2) (19 U.S.C. 2155(c)(2))              international trade.
                                               Security and Nonproliferation.                          directs the President to establish                       • The character of the nontariff
                                               [FR Doc. 2018–10091 Filed 5–9–18; 8:45 am]              sectoral or functional trade advisory                 barriers and other distortions affecting
                                               BILLING CODE 4710–25–P
                                                                                                       committees, as appropriate, including                 such competition.
                                                                                                       representatives of industry, labor,                      • The necessity for reasonable limits
                                                                                                       agriculture, and services, including                  on the number and size of the ITACs.
                                                                                                       small business, in the sector or                         • That the product lines covered by
                                               OFFICE OF THE UNITED STATES
                                                                                                       functional area concerned, to provide                 each ITAC are reasonably related.
                                               TRADE REPRESENTATIVE                                                                                             The Office of the U.S. Trade
                                                                                                       detailed policy and technical advice,
                                               Notice of Continuation and Request for                  information, and recommendations                      Representative and the U.S. Department
                                               Nominations for the Industry Trade                      regarding trade barriers, negotiation of              of Commerce requested comments on
                                               Advisory Committees                                     trade agreements, and implementation                  proposed changes to the slate of ITACs
                                                                                                       of existing trade agreements affecting                (83 FR 3253) and received 23 written
                                               AGENCY:  Office of the United States                    industry sectors, and perform other                   submissions in response. A majority of
                                               Trade Representative.                                   advisory functions relevant to U.S. trade             the responses were a substantially
                                               ACTION: Notice and request for                          policy matters as requested.                          similar letter in opposition to merging
                                               applications.                                                                                                 ITAC 7 and ITAC 9. A significantly
                                                                                                       II. What do the ITACs do?                             smaller portion advocated against the
                                               SUMMARY:   The United States Trade                         The ITACs provide detailed policy                  elimination of the Committee of Chairs.
                                               Representative (Trade Representative)                   and technical advice, information, and                   We have carefully considered these
                                               and the Secretary of Commerce                           recommendations to the Secretary and                  submissions and other factors including
                                               (Secretary) have established a new four-                the Trade Representative on trade policy              the nature of the U.S. industry in
                                               year charter term ending in February                    matters including: (1) Negotiating                    various sectors, the level of interest in
daltland on DSKBBV9HB2PROD with NOTICES




                                               2022, and are accepting applications                    objectives and bargaining positions                   serving on an ITAC (using the number
                                               from qualified individuals interested in                before entering into trade agreements;                of members and applications for
                                               serving as a member of an Industry                      (2) the impact of the implementation of               appointment during the 2014–2018
                                               Trade Advisory Committee (ITAC). The                    trade agreements on the relevant sector;              charter terms), the level of activity of
                                               ITACs provide detailed policy and                       (3) matters concerning the operation of               each ITAC (using the number of
                                               technical advice, information, and                      any trade agreement once entered into;                meetings and recommendations
                                               recommendations to the Secretary and                    and (4) other matters arising in                      submitted during the 2014–2018 charter


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Document Created: 2018-11-02 09:47:21
Document Modified: 2018-11-02 09:47:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesApril 30, 2018.
ContactOn general issues: Pam Durham, Office of Missile, Biological, and Chemical Nonproliferation, Bureau of International Security and Nonproliferation, Department of State, Telephone (202) 647-4930, [email protected] For U.S. Government procurement ban issues: Eric Moore, Office of the Procurement Executive, Department of State, Telephone: (703) 875-4079, [email protected]
FR Citation83 FR 21812 

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