Addition of Certain Entities to the Entity List
Final rule.
CFR Part: "15 CFR Part 744"
RIN Number: "RIN 0694--AG29"
Citation: "82 FR 60304"
Document Number: "Docket No. 140908761-7999-02"
Page Number: "60304"
"Rules and Regulations"
SUMMARY: This rule amends the Export Administration Regulations (EAR) by adding two entities to the Entity List. The two entities being added to the Entity List have been determined by the
EFFECTIVE DATE: This rule is effective
FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
SUPPLEMENTARY INFORMATION:
Background
The Entity List (Supplement No. 4 to part 744 of the Export Administration Regulations (EAR)) identifies entities and other persons 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 End-User Review Committee (ERC), composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the
ERC Entity List Decisions
Additions to the Entity List
This rule implements the decision of the ERC to add two entities to the Entity List. These two entities are being added on the basis of
Under SEC 744.11(b) (Criteria for revising the Entity List) of the EAR, 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
BIS, pursuant to Section 744.11(b) of the EAR, and in consultation with the Departments of State, Defense, Energy and the
The 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 use of items subject to the EAR contrary to
For the two 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 either 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 and help exporters, reexporters and transferors to better identify persons on the Entity List.
This final rule adds the following two entities to the Entity List:
(1) Joint Stock Company Experimental Design Bureau Novator, a.k.a., the following two aliases:
--
--JSC OKB Novator.
18 Prospekt Kosmonavtov, 620017
(2) Joint Stock Company Federal Scientific and Production Center Titan-Barrikady, a.k.a., the following three aliases:
--
--
--JSC FNPTS Titan-Barrikady.
Prospekt Imeni V.I. Lenina, b/n 400071,
Export Administration Act of 1979
Although the Export Administration Act of 1979 expired on
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. This rule is not an Executive Order 13771 regulatory action because this rule is not significant under 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
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
3. This rule does not contain policies with Federalism implications as that term is defined in Executive Order 13132.
4. For the two 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
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]
1. The authority citation for part 744 is revised to read as follows:
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
2. Supplement No. 4 to part 744 is amended by adding under
The additions read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
Country Entity License License Federal requirement review Register policy citation * * * * * * * RUSSIA ****** Joint Stock Company For all Presumption 82 FR Experimental Design items of denial [INSERT FR Bureau Novator, subject to PAGE a.k.a., the the EAR. NUMBER], following two (See S. December aliases: 744.11 of 12/20/17. --Novator Design the EAR). Bureau; and --JSC OKB Novator. 18 Prospekt Kosmonavtov, 620017 Yekaterinburg, Russia. Joint Stock Company For all Presumption 82 FR Federal Scientific items of denial [INSERT FR and Production subject to PAGE Center the EAR. NUMBER], Titan-Barrikady, (See S. 12/20/17. a.k.a., the 744.11 of following three the EAR). aliases: --Federal Research and Production Center Titan Barrikady JSC; --Titan Design Bureau; and --JSC *PTS Titan-Barrikady. Prospekt Imeni V.I. Lenina, b/n 400071, Volgograd, Russia. * * * * * * *
Dated:
Assistant Secretary for
[FR Doc. 2017-27388 Filed 12-19-17;
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