
[Federal Register: March 18, 2009 (Volume 74, Number 51)]
[Rules and Regulations]               
[Page 11472-11474]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr09-5]                         

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 090223225-9275-01]
RIN 0694-AE57

 
Removal and Modification of Certain Entries From the Entity List: 
Persons Removed or Modified Based on ERC Annual Review

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 two persons from the Entity List (Supplement No. 4 to Part 
744). These persons are being removed from the Entity List because of 
determinations made by the United States Government during the annual 
review of the Entity List conducted by the End-User Review Committee 
(ERC).
    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 or add an address. 
These two listed persons were listed under addresses in more than one 
country. This rule removes one of the addresses for each of these 
entities.
    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 March 18, 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-AE57, by any 
of the following methods:
    E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-AE57'' 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-AE57.
    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-
AE57)--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 two listed persons and modifies the entries for two listed 
persons on the basis of an annual review of the Entity List that was 
conducted by the End-User Review Committee (ERC). The modifications of 
the entries of two of the listed entries include the removal of their 
addresses under the United Arab Emirates (U.A.E.) and deletion of 
cross-references to the U.A.E. entries for these listed persons' 
entries under Germany and Hong Kong. The ERC approved these 
modifications pursuant to an annual review of the Entity List, which 
was conducted in accordance with the procedures outlined in Supplement 
No. 5 to part 744 (Procedures for End-User Review Committee Entity List 
Decisions).

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

[[Page 11473]]

whether any removals or modifications should be made.
    Pursuant to Supplement No. 5 to Part 744, the ERC determined that 
the following Entity List entries should be removed or revised, for the 
reasons provided below. This rule implements these decisions. In total, 
this rule removes four entries from the Entity List, including two 
entries for persons that had been listed on the Entity List as persons 
with addresses in multiple countries prior to publication of this rule, 
and modifies two entries, including removing cross-references for the 
two entities that had previously been listed with addresses in multiple 
countries.

Removals Based Upon ERC Annual Review

    The two persons being removed from the Entity List with this rule 
are removed on the basis of the results of the annual review of the 
Entity List that was conducted by the ERC in accordance with the 
procedures outlined in Supplement No. 5 to Part 744. These two entities 
are both located in the United Arab Emirates:

United Arab Emirates

    (1) Bazaar Trading Co., No. 212 Baniyas Tower, Dubai, U.A.E. 6708; 
and
    (2) Elmstone Trading L.L.C., P.O. Box 24896, Sharjah, U.A.E.
    As outlined in Supplement No. 5 to part 744, the ERC conducts a 
systematic review of the Entity List. Based upon the results of that 
annual review, the ERC made a determination that these two persons, 
described above, should be removed from the Entity List. The ERC 
decision to recommend removal of these persons also took into account 
recent cooperation between the U.S. Government and the U.A.E. 
Government regarding certain end-users of concern. This final rule 
implements the decision to remove these two U.A.E. persons from the 
Entity List.

Reminder To Consider Other End-Use/End-User Controls

    The removal of these two persons from the Entity List (from the 
U.A.E, as described above--based upon the ERC Annual Review) eliminates 
the existing license requirements in Supplement No. 4 to part 744 for 
exports and reexports to these persons. However, the removal of these 
persons 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.

Modifications Based Upon ERC Annual Review

    This rule makes modifications to the entries for two listed persons 
on the Entity List. This rule removes additional addresses for these 
persons that had been listed on the Entity List as alternate addresses 
for these entities prior to publication of this final rule. Both of 
these alternate addresses that are removed were addresses in the U.A.E. 
In other words, prior to publication of this final rule, these listed 
persons were entities that had two entries each on the Entity List to 
account for addresses in two different countries. This rule removes the 
addresses in the U.A.E. for these two persons, but retains the listing 
for these listed persons on the Entity List under Germany and Hong 
Kong, respectively, as follows:

United Arab Emirates

    (3) Akbar Ashraf Vaghefi, Shop No. 3-4, Sharafia Ahmed Ali 
Building, Al Nakheel, Deira, Dubai, U.A.E.; (See alternate address 
under Germany); and
    Note that Akbar Ashraf Vaghefi is still listed on the Entity List 
as a German entry. The changes in this rule are limited to eliminating 
the alternate country address that had been provided for this listed 
person in the U.A.E.
    (4) Antony Emmanuel, No. 3 & 4, Sharifia Ahmed Ali Bldg, P.O. Box 
42340, Al Nakheel, Deira, Dubai, U.A.E. (See alternate address under 
Hong Kong).
    Note that Antony Emmanuel is still listed on the Entity List as a 
Hong Kong entry. The changes in this rule are limited to eliminating 
the alternate country address that had been provided for this listed 
person in the U.A.E.
    Based upon the results of the annual review, the ERC made a 
determination to remove these two listed persons' entries under the 
U.A.E, but to retain their listings on the Entity List under Germany 
and Hong Kong. The ERC decision to recommend removal of these persons 
also took into account recent cooperation between the U.S. Government 
and the U.A.E. Government regarding certain end-users of concern. This 
rule implements that decision by removing the U.A.E. entries for these 
two listed persons and by revising their respective entries under 
Germany and Hong Kong, to remove the last sentence of the ``Entity'' 
column entry that had referred persons to ``(See alternate address 
under U.A.E.)'' for these listed persons prior to publication of this 
rule.
    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 of 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

[[Page 11474]]

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, 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:
0
(a) By removing under United Arab Emirates, these four U.A.E. entities 
``Akbar Ashraf Vaghefi, Shop No. 3-4 Sharafia Ahmed Ali Building, Al 
Nakheel, Deira, Dubai, U.A.E. (See alternate address under Germany)''; 
``Antony Emmanuel, No. 3 & 4; Sharifia Ahmed Ali Bldg, P.O. Box 42340, 
Al Nakheel , Deira, Dubai, U.A.E. (See alternate address under Hong 
Kong)''; ``Bazaar Trading Co., No. 212 Baniyas Tower, Dubai, U.A.E. 
6708''; and ``Elmstone Trading L.L.C., P.O. Box 24896, Sharjah, 
U.A.E.'';
0
(b) By revising under Germany, in alphabetical order, one German 
entity; and
0
(c) By revising under Hong Kong, in alphabetical order, one Hong Kong 
entity to read as follows:

                                    Supplement No. 4 to Part 7-4--Entity List
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                                                              License         License review    Federal Register
            Country                      Entity             requirement           policy            Citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
GERMANY........................  Akbar Ashraf Vaghefi,   For all items      Presumption of     73 FR 54504, 9/22/
                                  Koburgerstr 10, D-      subject to the     denial.            08, 74 FR
                                  10825, Berlin,          EAR. (See Sec.                        [INSERT FR PAGE
                                  Germany.                744.11 of the                         NUMBER] 03/18/
                                                          EAR).                                 09.

                                                  * * * * * * *
HONG KONG......................  Antony Emmanuel, No: 3  For all items      Presumption of     73 FR 54505, 9/22/
                                  & 4; 12F Commercial     subject to the     denial.            08, 74 FR
                                  VIP Building, 112-116   EAR. (See Sec.                        [INSERT FR PAGE
                                  Canton Rd., Tsim Sha    744.11 of the                         NUMBER] 03/18/
                                  Tsui, Hong Kong.        EAR).                                 09.

                                                  * * * * * * *
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    Dated: March 13, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E9-5860 Filed 3-17-09; 8:45 am]

BILLING CODE 3510-33-P
