Federal Register/Vol. 80, No. 248/Monday, December 28, 2015
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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations 80643 of each person on whose behalf funds to be involved in, or that pose a being added to the Entity List in this are held in such accounts by the significant risk of being or becoming rule have been determined to be attorney administering the IOLTA or the involved in, activities that are contrary involved in activities that are contrary escrow agent administering a similar to the national security or foreign policy to the national security or foreign policy escrow account. of the United States. The EAR imposes interests of the United States. (2) The terms ‘‘interest on lawyers additional licensing requirements on, Specifically, in this rule, BIS adds trust account’’, ‘‘IOLTA’’, and ‘‘pass- and limits the availability of most persons to the Entity List for violating through share insurance’’ are given the license exceptions for, exports, international law and fueling the same meaning in this section as in 12 reexports, and transfers (in-country) to conflict in eastern Ukraine. These U.S.C. 1787(k)(5). those persons or entities listed on the additions ensure the efficacy of existing [FR Doc. 2015–32164 Filed 12–24–15; 8:45 am] Entity List. The license review policy sanctions on Russia. The particular additions to the Entity List and related BILLING CODE 7535–01–P for each listed entity is identified in the License Review Policy column on the authorities are as follows: Entity List and the impact on the A. Entity Additions Consistent With availability of license exceptions is DEPARTMENT OF COMMERCE Executive Order 13661 described in the Federal Register notice Eight entities are added based on Bureau of Industry and Security adding entities or other persons to the Entity List. BIS places entities on the activities that are described in Executive Order 13661 (79 FR 15533), Blocking 15 CFR Part 744 Entity List based on certain sections of part 744 (Control Policy: End-User and Property of Additional Persons [Docket No. 150825778–5999–01] End-Use Based) and part 746 Contributing to the Situation in Ukraine, issued by the President on March 16, RIN 0694–AG64 (Embargoes and Other Special Controls) of the EAR. 2014. This Order expanded the scope of the national emergency declared in Russian Sanctions: Addition of Certain The End-user Review Committee Executive Order 13660, finding that the Persons to the Entity List (ERC) is composed of representatives of the Departments of Commerce (Chair), actions and policies of the Government AGENCY: Bureau of Industry and State, Defense, Energy, and where of the Russian Federation with respect Security, Commerce. appropriate, the Treasury. The ERC to Ukraine—including the deployment of Russian military forces in the Crimea ACTION: Final rule. makes decisions to add an entry to the Entity List by majority vote and to region of Ukraine—undermine SUMMARY: The Bureau of Industry and remove or modify an entry by democratic processes and institutions in Security (BIS) amends the Export unanimous vote. The Departments Ukraine; threaten its peace, security, Administration Regulations (EAR) by represented on the ERC have approved stability, sovereignty, and territorial adding sixteen persons under seventeen these changes to the Entity List. integrity; and contribute to the entries to the Entity List. The sixteen misappropriation of its assets, and persons who are added to the Entity List Entity List Additions thereby constitute an unusual and extraordinary threat to the national have been determined by the U.S. Additions to the Entity List Government to be acting contrary to the security and foreign policy of the United national security or foreign policy This rule implements the decision of States. interests of the United States. BIS is the ERC to add sixteen persons under Executive Order 13661 includes a taking this action to ensure the efficacy seventeen entries to the Entity List. directive that all property and interests of existing sanctions on the Russian These sixteen persons are being added in property that are in the United States, Federation (Russia) for violating on the basis of § 744.11 (License that hereafter come within the United international law and fueling the requirements that apply to entities States, or that are or thereafter come conflict in eastern Ukraine. These acting contrary to the national security within the possession or control of any persons will be listed on the Entity List or foreign policy interests of the United United States person (including any under the destinations of the Crimea States) of the EAR. The seventeen foreign branch) of the following persons region of Ukraine, Cyprus, Luxembourg, entries to the Entity List are located in are blocked and may not be transferred, Panama, Russia, Switzerland, and the the Crimea region of Ukraine (seven paid, exported, withdrawn, or otherwise United Kingdom. Lastly, this final rule entries), Cyprus (one entry), dealt in: Persons determined by the includes a clarification for how entries Luxembourg (one entry), Panama (one Secretary of the Treasury, in that include references to § 746.5 on the entry), Russia (four entries), Switzerland consultation with the Secretary of State Entity List are to be interpreted. (one entry), and the United Kingdom to have either materially assisted, (two entries). There are seventeen sponsored or provided financial, DATES: This rule is effective December entries for the sixteen persons because material or technological support for, or 28, 2015. one person is listed in two locations, goods and services to or in support of FOR FURTHER INFORMATION CONTACT: resulting in one additional entry. a senior official of the Russian Chair, End-User Review Committee, Under § 744.11(b) (Criteria for government or operate in the defense or Office of the Assistant Secretary, Export revising the Entity List) of the EAR, related materiel sector in Russia. Under Administration, Bureau of Industry and persons for whom there is reasonable Section 8 of the Order, all agencies of Security, Department of Commerce, cause to believe, based on specific and the United States Government are Phone: (202) 482–5991, Fax: (202) 482– articulable facts, have been involved, directed to take all appropriate 3911, Email: [email protected]. are involved, or pose a significant risk measures within their authority to carry SUPPLEMENTARY INFORMATION: of being or becoming involved in, out the provisions of the Order. activities that are contrary to the The Department of the Treasury’s Background national security or foreign policy Office of Foreign Assets Control, The Entity List (Supplement No. 4 to interests of the United States and those pursuant to Executive Order 13661, on Part 744 of the EAR) identifies entities acting on behalf of such persons may be behalf of the Secretary of the Treasury, and other persons reasonably believed added to the Entity List. The persons and in consultation with the Secretary VerDate Sep<11>2014 13:41 Dec 24, 2015 Jkt 238001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1 mstockstill on DSK4VPTVN1PROD with RULES 80644 Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations of State, has designated the following In conjunction with that designation, Bud. 40 vul. Zaliznychna, Smt eight persons: Avia Group Terminal the Department of Commerce adds the Azovske, Dzhankoisky R–N, Crimea Limited Liability Company, Fentex eight entities to the Entity List under 96178, Ukraine; and 40 Railway St., Properties Ltd., Lerma Trading S.A., this rule and imposes a license Azov, Dzhankoy District 96178, LTS Holding Limited, Maples SA, OAO requirement for exports, reexports, or Ukraine; and 40 Zeleznodorozhnaya Volgogradneftemash, Transservice LLC, transfers (in-country) to these persons. str., Azov, Jankoysky District 96178, and White Seal Holdings Limited. This license requirement implements an Ukraine; In conjunction with those appropriate measure within the (3) Resort Nizhnyaya Oreanda (f.k.a., designations, the Department of authority of the EAR to carry out the Federalnoe Gosudarstvennoe Commerce adds the eight entities to the provisions of Executive Order 13685. Byudzhetnoe Uchrezhdenie Sanatori Entity List under this rule, and imposes For the sixteen persons under Nizhnyaya Oreanda Upravleniya), a.k.a., a license requirement for exports, seventeen entries added to the Entity the following three aliases: reexports, or transfers (in-country) to List on the basis of activities described —Federalnoe Gosudarstvennoe these persons. This license requirement in Executive Orders 13661 or 13685, BIS Byudzhetnoe Uchrezhdenie Sanatori implements an appropriate measure imposes a license requirement for all Nizhnyaya Oreanda Upravleniya within the authority of the EAR to carry items subject to the EAR and a license Delami Prezidenta Rossiskoi Fe; out the provisions of Executive Order review policy of presumption of denial. —FGBU Sanatori Nizhnyaya Oreanda; 13661. The license requirements apply to any and transaction in which items are to be —Sanatorium Nizhnyaya Oreanda. B. Entity Additions Consistent With exported, reexported, or transferred (in- Executive Order 13685 country) to any of the persons or in Pgt Oreanda, Dom 12, Yalta, Crimea 298658, Ukraine; and Resort Nizhnyaya Eight entities are added based on which such persons act as purchaser, Oreanda, Oreanda, Yalta 08655, Crimea; activities that are described in Executive intermediate consignee, ultimate Oreanda—12, Yalta 298658,