[Federal Register: February 24, 2009 (Volume 74, Number 35)]
[Rules and Regulations]
[Page 8182-8184]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe09-19]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 0812241647-9151-01]
RIN 0694-AE51
Removal and Modification of Certain Entries From the Entity List:
Person Removed Based on Removal Request and Clarification of Certain
Entries
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: This rule amends the Export Administration Regulations (EAR)
by removing a person from the Entity List (Supplement No. 4 to Part
744). This person is being removed from the Entity List because the
End-User Review Committee (ERC) decided to approve this person's
request for removal from the Entity List.
This rule also makes a clarification for two persons that were
listed on the Entity List prior to this rule being published to revise
the addresses provided for these listed persons. This rule updates the
address information for these two persons by replacing incorrect
information.
The Entity List provides notice to the public that certain exports
and reexports to parties identified on the Entity List require a
license from the Bureau of Industry and Security (BIS) and that
availability of License Exceptions in such transactions is limited.
DATES: Effective Date: This rule is effective February 24, 2009.
Although there is no formal comment period, public comments on this
regulation are welcome on a continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AE51, by any
of the following methods:
E-mail: publiccomments@bis.doc.gov Include ``RIN 0694-AE51'' in the
subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy Division, by
calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230,
Attn: RIN 0694-AE51.
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 e-mail to
Jseehra@omb.eop.gov, or by fax to (202) 395-7285; and to the Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, 14th St. & Pennsylvania Avenue, NW., Room 2705, Washington,
DC 20230. Comments on this collection of information should be
submitted separately from comments on the final rule (i.e. RIN 0694-
AE51)--all comments on the latter should be submitted by one of the
three methods outlined above.
FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, End-User Review
Committee, Office of the Assistant Secretary, Export Administration,
Bureau of Industry and Security, Department of Commerce, Phone: (202)
482-3811, Fax: (202) 482-3911, E-mail: kniesv@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
In Supplement No. 4 to part 744 (The Entity List) of the EAR, this
rule removes one person from the Entity List on the basis of Sec.
744.16 (Procedure for requesting removal or modification of an Entity
List Entity) of the EAR. In addition, as a clarification, this rule
modifies the entries for two listed persons. The modifications to
existing entries include revising the addresses for two listed persons
in Malaysia that were listed on the Entity List prior to this rule
being published.
On August 21, 2008 (73 FR 49311), BIS published a final rule that
expanded the Entity List by adding Sec. 744.11 (License Requirements
that Apply to Entities Acting Contrary to the National Security or
Foreign Policy Interests of the United States) to the EAR. Since the
publication of that August 2008 rule, BIS has published two final rules
that added persons to the Entity List on the basis of Sec. 744.11 of
the EAR. The first rule that added persons to the Entity List on the
basis of Sec. 744.11 of the EAR was published on September 22, 2008
(73 FR 54499) and the second rule was published on December 5, 2008 (73
FR 73999).
In addition to adding Sec. 744.11, the August 2008 rule added
Sec. 744.16 and Supplement No. 5 to part 744 to the EAR. Section
744.16 established a formal procedure under the EAR whereby persons
listed on the Entity List could submit to BIS in writing a formal
request for removal or modification of their listing on the Entity
List. The procedures for submitting these removal or modification
requests were outlined in Sec. 744.16 and the review and decision
[[Page 8183]]
process for the requests was outlined in Supplement No. 5 to part 744.
ERC Entity List Decisions
The ERC, composed of representatives of the Departments of
Commerce, State, Defense, Energy and, where appropriate, the Treasury,
makes all decisions regarding additions to, removals from or changes to
the Entity List. The ERC is chaired by the Department of Commerce and
makes all decisions to add an entry to the Entity List by majority vote
and all decisions to remove or modify an entry by unanimous vote. As
noted in the preamble of the August 2008 final rule and in Supplement
No. 5 to part 744, the activities of the ERC include conducting an
annual review of the Entity List to make a determination whether any
removals or modifications should be made.
Pursuant to Supplement No. 5 to Part 744, the ERC determined that
the following Entity List entry should be removed, for the reasons
provided below. This rule implements this decision. In total, this rule
removes one (1) entry from the Entity List and modifies two (2)
additional entries, as described below under Technical Update to Two
Entities.
Removal Based Upon Sec. 744.16
The person being removed with this rule submitted a formal removal
request to BIS based upon the procedures outlined in Sec. 744.16 of
the EAR. This one entity is located in Hong Kong:
Hong Kong
(1) Britestone, 4/F, Chinabest International Centre, 8 Kwai On Rd,
Kwai Chung, N.T., Hong Kong.
As outlined in Supplement No. 5 to part 744, the ERC received and
reviewed this removal request submitted by this listed entity. Based
upon the review of the information provided in the removal request
submitted to BIS, in accordance with Sec. 744.16 and further review
that was conducted by the ERC's member agencies of this end-user, the
ERC determined that this one person should be removed from the Entity
List. The ERC decision to remove Britestone took into account
Britestone's cooperation with the U.S. Government, as well as
Britestone's assurances of future compliance with the EAR. In
accordance with Sec. 744.16(c), the Deputy Assistant Secretary for
Export Administration has sent written notification to this person
informing them of the ERC's decision to remove them from the Entity
List. This final rule implements the decision to remove this one Hong
Kong person from the Entity List.
Reminder To Consider Other End-Use/End-User Controls
The removal of this one person from the Entity List (from Hong
Kong, as described above) eliminates the existing license requirement
in Supplement No. 4 to part 744 for exports and reexports to this
person. However, the removal of this person from the Entity List does
not relieve persons of other obligations under part 744 of the EAR or
under other parts of the EAR. Neither the removal of a person from the
Entity List nor the removal of Entity List-based license requirements
relieve persons of their obligations under General Prohibition 5 in
Sec. 736.2(b)(5) of the EAR which provides that, ``you may not,
without a license, knowingly export or reexport any item subject to the
EAR to an end-user or end-use that is prohibited by part 744 of the
EAR.'' Nor do such removals relieve persons of their obligation to
apply for export or reexport licenses required by other provisions of
the EAR. BIS strongly urges the use of Supplement No. 3 to part 732 of
the EAR, ``BIS's 'Know Your Customer' Guidance and Red Flags,'' when
persons are involved in transactions that are subject to the EAR.
Technical Update for Two Entities
This rule revises the addresses of two persons that were listed on
the Entity List under Malaysia prior to this rule being published to
update the addresses provided for these listed persons. These updated
addresses will better assist the public in identifying these listed
persons. This rule revises the addresses in Malaysia for these two
persons, respectively, as follows:
Malaysia
(2) Antcorp System, 5-02 Wisma Pantai, Jalan Wisma Pantai 12200
Butterworth, Penang, Malaysia; 27-G Lorong Kelasah 2, Tamen Kelasah
13700 Seberang Jaya, Penang, Malaysia; and No. 9 Jalan 3/4C Desa
Melawati 53100 Kuala Lumpur, Malaysia; and
(3) Mohd Ansari, 5-02 Wisma Pantai, Jalan Wisma Pantai 12200
Butterworth, Penang, Malaysia; 27-G Lorong Kelasah 2, Tamen Kelasah
13700 Seberang Jaya, Penang Malaysia; and No. 9 Jalan 3/4C Desa
Melawati 53100 Kuala Lumpur Malaysia.
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of July 23, 2008,
73 FR 43603 (July 23, 2008), has continued the Export Administration
Regulations in effect under the International Emergency Economic Powers
Act.
Rulemaking Requirements
1. 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 the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. Total burden hours associated with the Paperwork Reduction
Act and Office and Management and Budget control number 0694-0088 are
expected to increase slightly as a result of this rule.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States. (See 5 U.S.C. 553(a)(1)). 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.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
0
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. app. 2401 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,
[[Page 8184]]
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 July 23,
2008, 73 FR 43603 (July 25, 2008); Notice of November 10, 2008, 73
FR 67097 (November 12, 2008).
0
2. Supplement No. 4 to part 744 is amended:
(a) By removing under Hong Kong, this one Hong Kong entity
``Britestone, 4/F, Chinabest International Centre, 8 Kwai On Rd, Kwai
Chung, N.T., Hong Kong''; and
(b) By revising under Malaysia, in alphabetical order, two
Malaysian entities, to read as follows:
Supplement No. 4 to Part 744--Entity List
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Federal
Country Entity License License review Register
requirement policy citation
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* * * * * * *
Malaysia
* * * * * * *
Antcorp System, 5-02 Wisma For all items Presumption of 73 FR 54508. 9/
Pantai, Jalan Wisma Pantai subject to the denial. 22/08.
12200 Butterworth, Penang, EAR. (See Sec. 74 FR [INSERT
Malaysia; 27-G Lorong Kelasah 744.11 of FR PAGE
2, Tamen Kelasah 13700 the EAR). NUMBER]. 2/24/
Seberang Jaya, Penang, 2009.
Malaysia; and No. 9 Jalan 3/
4C Desa Melawati 53100 Kuala
Lumpur, Malaysia.
* * * * * * *
Mohd Ansari, 5-02 Wisma For all items Presumption of 73 FR 54508 9/
Pantai, Jalan Wisma Pantai subject to the denial. 22/08.
12200 Butterworth, Penang, EAR. (See Sec. 73 FR 74001 12/
Malaysia; 27-G Lorong Kelasah 744.11 of 5/08.
2, Tamen Kelasah 13700 the EAR). 74 FR [INSERT
Seberang Jaya, Penang FR PAGE
Malaysia; and No. 9 Jalan 3/ NUMBER]. 2/24/
4C Desa Melawati 53100 Kuala 2009.
Lumpur Malaysia.
* * * * * * *
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Dated: February 19, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E9-3918 Filed 2-23-09; 8:45 am]
BILLING CODE 3510-33-P