83 FR 26204 - Unverified List (UVL); Correction

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 83, Issue 109 (June 6, 2018)

Page Range		26204-26205
FR Document		2018-12120

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by correcting one (1) address for one (1) person listed on the Unverified List (UVL) and removing an extraneous name from one (1) other entry listed on the UVL. These omissions were inadvertent and failure to correct them would cause confusion and possibly compromise national security.

Federal Register, Volume 83 Issue 109 (Wednesday, June 6, 2018)

[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Rules and Regulations]
[Pages 26204-26205]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12120]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 180214174-8174-02]
RIN 0694-AH54


Unverified List (UVL); Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correcting amendments.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the 
Export Administration Regulations (EAR) by correcting one (1) address 
for one (1) person listed on the Unverified List (UVL) and removing an 
extraneous name from one (1) other entry listed on the UVL. These 
omissions were inadvertent and failure to correct them would cause 
confusion and possibly compromise national security.

DATES: Effective date: This rule is effective: June 6, 2018.

FOR FURTHER INFORMATION CONTACT: Kevin Kurland, Director, Office of 
Enforcement Analysis, Bureau of Industry and Security, Department of 
Commerce, Phone: (202) 482-4255 or by email at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On May 17, 2018, the Bureau of Industry and Security published a 
rule entitled ``Revisions to the Unverified List (UVL)'' in the Federal 
Register (83 FR 22842). The rule revised the Unverified List (UVL), 
found in Supplement No. 6 to part 744 of the Export Administration 
Regulations. This rule corrects the second truncated address for the 
person ``SIC Dipaul'' under the country of Russia (83 FR 22845) and 
removes the extraneous name ``Sergey Ivanov'' from the entry for 
``Simms Marine Group OU'' under the country of Estonia (83 FR 22844).

Savings Clause

    Shipments (1) removed from license exception eligibility or that 
are now subject to requirements in Sec.  744.15 of the EAR as a result 
of this regulatory action; (2) eligible for export, reexport, or 
transfer (in-country) without a license before this regulatory action; 
and (3) on dock for loading, on lighter, laden aboard an exporting 
carrier, or en route aboard a carrier to a port of export, on June 6, 
2018, pursuant to actual orders, may proceed to that UVL listed person 
under the previous license exception eligibility or without a license 
so long as the items have been exported from the United States, 
reexported or transferred (in-country) before July 6, 2018. Any such 
items not actually exported, reexported or transferred (in-country) 
before midnight on July 6, 2018 are subject to the requirements in 
Sec.  744.15 of the EAR in accordance with this regulation.

Export Administration Act

    Since August 21, 2001, the Export Administration Act of 1979, as 
amended, has been in lapse. However, 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,

[[Page 26205]]

2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of 
August 15, 2017, 82 FR 39005 (August 16, 2017) has continued the EAR in 
effect under the International Emergency Economic Powers Act (50 U.S.C. 
1701 et seq.). BIS continues to carry out the provisions of the Export 
Administration Act, as appropriate and to the extent permitted by law, 
pursuant to Executive Order 13222 as amended by Executive Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' pursuant to Executive Order 12866.
    2. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public comment and a delay in effective date are inapplicable to this 
rule because this regulation involves a military or foreign affairs 
function of the United States under 5 U.S.C. 553(a)(1). BIS implements 
this rule to protect U.S. national security or foreign policy interests 
by requiring a license or, where no license is required, a UVL 
statement for items being exported, reexported, or transferred (in 
country) involving a party or parties to the transaction who are listed 
on the UVL. If this rule were delayed to allow for notice and comment 
and a delay in effective date, the entities whose addresses are being 
corrected by this action would potentially be able to receive items 
without additional oversight by BIS and to conduct activities contrary 
to the national security or foreign policy interests of the United 
States. In addition, publishing a proposed rule would give these 
parties notice of the U.S. Government's intention to amend their 
current entry on the UVL, and create an incentive for these persons to 
accelerate receiving items subject to the EAR in furtherance of 
activities contrary to the national security or foreign policy 
interests of the United States, and/or take steps to set up additional 
aliases, change addresses, and other measures to try to limit the 
impact of the listing once a final rule was published.
    Further, no other law requires that a notice of proposed rulemaking 
and an opportunity for public comment be given for this rule. Because a 
notice of proposed rulemaking and an opportunity for public comment are 
not required to be given for this rule by 5 U.S.C. 553, or by any other 
law, the analytical requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., are not applicable. Accordingly, no regulatory 
flexibility analysis is required and none has been prepared.
    3. Notwithstanding any other provision of law, no person is 
required to respond to, nor is 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 the following control 
numbers: 0694-0088, 0694-0122, 0694-0134, and 0694-0137.
    4. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.

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 through 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. 6 to part 744 is amended by revising the entry for 
``Simms Marine Group OU'' under Estonia and the entry ``SIC Dipaul'' 
under Russia to read as follows:

Supplement No. 6 to Part 744--Unverified List

* * * * *

------------------------------------------------------------------------
                                                        Federal Register
        Country            Listed person and address   citation and date
                                                         of publication
------------------------------------------------------------------------
 
                              * * * * * * *
ESTONIA................  Simms Marine Group OU,        83 FR 22844, 05/
                          Paavli Str. \5/2\, Tallinn,   17/18. 83 FR
                          Estonia, 10412                [INSERT Federal
                                                        Register PAGE
                                                        NUMBER], 6/6/18.
 
                              * * * * * * *
RUSSIA.................  SIC Dipaul, Bolshaya          83 FR 22845, 05/
                          Monetnaya Street 16, Saint    17/18. 83 FR
                          Petersburg 197101, Russia     [INSERT Federal
                          and 5B, Rentgena ul., Saint   Register PAGE
                          Petersburg 197101, Russia     NUMBER], 6/6/18.
 
                              * * * * * * *
------------------------------------------------------------------------


    Dated: May 31, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-12120 Filed 6-5-18; 8:45 am]
BILLING CODE 3510-33-P

Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations 26205

2013, 78 FR 16129 (March 13, 2013), delayed to allow for notice and approved by OMB under the following
and as extended by the Notice of August comment and a delay in effective date, control numbers: 0694–0088, 0694–
15, 2017, 82 FR 39005 (August 16, 2017) the entities whose addresses are being 0122, 0694–0134, and 0694–0137.
has continued the EAR in effect under corrected by this action would 4. This rule does not contain policies
the International Emergency Economic potentially be able to receive items with Federalism implications as that
Powers Act (50 U.S.C. 1701 et seq.). BIS without additional oversight by BIS and term is defined in Executive Order
continues to carry out the provisions of to conduct activities contrary to the 13132.
the Export Administration Act, as national security or foreign policy
appropriate and to the extent permitted interests of the United States. In List of Subjects in 15 CFR Part 744
by law, pursuant to Executive Order addition, publishing a proposed rule Exports, Reporting and recordkeeping
13222 as amended by Executive Order would give these parties notice of the requirements, Terrorism.
13637. U.S. Government’s intention to amend
Accordingly, part 744 of the Export
Rulemaking Requirements their current entry on the UVL, and
Administration Regulations (15 CFR
create an incentive for these persons to
1. Executive Orders 13563 and 12866 parts 730 through 774) is amended as
accelerate receiving items subject to the
direct agencies to assess all costs and follows:
EAR in furtherance of activities contrary
benefits of available regulatory to the national security or foreign policy
alternatives and, if regulation is PART 744—[AMENDED]
interests of the United States, and/or
necessary, to select regulatory take steps to set up additional aliases,
approaches that maximize net benefits ■ 1. The authority citation for 15 CFR
change addresses, and other measures to part 744 continues to read as follows:
(including potential economic, try to limit the impact of the listing once
environmental, public health and safety a final rule was published. Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
effects, distributive impacts, and 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C.
Further, no other law requires that a 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
equity). Executive Order 13563
emphasizes the importance of notice of proposed rulemaking and an E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp.,
quantifying both costs and benefits, of opportunity for public comment be p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993
reducing costs, of harmonizing rules, given for this rule. Because a notice of Comp., p. 608; E.O. 12938, 59 FR 59099, 3
and of promoting flexibility. This rule proposed rulemaking and an CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR
opportunity for public comment are not 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026,
has not been designated a ‘‘significant 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
regulatory action,’’ pursuant to required to be given for this rule by 5
U.S.C. 553, or by any other law, the 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
Executive Order 12866. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
2. The provisions of the analytical requirements of the
Comp., p. 783; E.O. 13224, 66 FR 49079, 3
Administrative Procedure Act (5 U.S.C. Regulatory Flexibility Act, 5 U.S.C. 601
CFR, 2001 Comp., p. 786; Notice of August
553) requiring notice of proposed et seq., are not applicable. Accordingly, 15, 2017, 82 FR 39005 (August 16, 2017);
rulemaking, the opportunity for public no regulatory flexibility analysis is Notice of September 18, 2017, 82 FR 43825
comment and a delay in effective date required and none has been prepared. (September 19, 2017); Notice of November 6,
are inapplicable to this rule because this 3. Notwithstanding any other 2017, 82 FR 51971 (November 8, 2017);
regulation involves a military or foreign provision of law, no person is required Notice of January 17, 2018, 83 FR 2731
affairs function of the United States to respond to, nor is subject to a penalty (January 18, 2018).
under 5 U.S.C. 553(a)(1). BIS for failure to comply with, a collection ■ 2. Supplement No. 6 to part 744 is
implements this rule to protect U.S. of information, subject to the amended by revising the entry for
national security or foreign policy requirements of the Paperwork ‘‘Simms Marine Group OU’’ under
interests by requiring a license or, where Reduction Act of 1995 (44 U.S.C. 3501 Estonia and the entry ‘‘SIC Dipaul’’
no license is required, a UVL statement et seq.) (PRA), unless that collection of under Russia to read as follows:
for items being exported, reexported, or information displays a currently valid
transferred (in country) involving a Office of Management and Budget Supplement No. 6 to Part 744—
party or parties to the transaction who (OMB) Control Number. This regulation Unverified List
are listed on the UVL. If this rule were involves collections previously * * * * *

Country Listed person and address Federal Register citation and date of publication

* * * * * * *
ESTONIA .......... Simms Marine Group OU, Paavli Str. 5⁄2, Tallinn, Estonia, 10412 83 FR 22844, 05/17/18. 83 FR [INSERT Federal
Register PAGE NUMBER], 6/6/18.

* * * * * * *
RUSSIA ............. SIC Dipaul, Bolshaya Monetnaya Street 16, Saint Petersburg 197101, 83 FR 22845, 05/17/18. 83 FR [INSERT Federal
Russia and 5B, Rentgena ul., Saint Petersburg 197101, Russia Register PAGE NUMBER], 6/6/18.

* * * * * * *
daltland on DSKBBV9HB2PROD with RULES

Dated: May 31, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018–12120 Filed 6–5–18; 8:45 am]
BILLING CODE 3510–33–P

VerDate Sep<11>2014 17:40 Jun 05, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\06JNR1.SGM 06JNR1

Document Created: 2018-06-06 00:53:43
Document Modified: 2018-06-06 00:53:43

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; correcting amendments.
Dates		Effective date: This rule is effective: June 6, 2018.
Contact		Kevin Kurland, Director, Office of Enforcement Analysis, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-4255 or by email at [email protected]
FR Citation		83 FR 26204
RIN Number		0694-AH54
CFR Associated		Exports; Reporting and Recordkeeping Requirements and Terrorism

83 FR 26204 - Unverified List (UVL); Correction

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 83, Issue 109 (June 6, 2018)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security