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Federal Register/Vol. 80, No. 170/Wednesday Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations 52963 2. Notwithstanding any other public interest as it would hamper the of the EAR may be exported or provision of law, no person is required activities of non-governmental reexported as tools of trade to Sudan. to respond to, nor shall any person be organizations engaged in humanitarian All other requirements and limitations subject to a penalty for failure to comply work without providing any of this paragraph (a) apply to such with, a collection of information subject corresponding benefit to the foreign exports and reexports. to the requirements of the Paperwork policy goals that export controls are * * * * * Reduction Act of 1995 (44 U.S.C. 3501 intended to meet. It would be Dated: August 25, 2015. et seq.) (PRA), unless that collection of impracticable to delay this rule to allow information displays a currently valid for notice and comment, as there is an Kevin J. Wolf, Office of Management and Budget urgent need for timely clarification Deputy Assistant Secretary for Export (OMB) control number. This rule consistent with the purpose of the Administration. involves a collection of information February 2015 rule, which sought to [FR Doc. 2015–21695 Filed 9–1–15; 8:45 am] approved under OMB control number expand the scope of exports and BILLING CODE 3510–33–P 0694–0088, Simplified Network reexports to Sudan that may occur Application Processing+ System without the need to obtain a license. (SNAP+) and the Multipurpose Export BIS also finds good cause under 5 DEPARTMENT OF COMMERCE License Application, which carries an U.S.C. 553(d)(3) to waive the 30-day Bureau of Industry and Security annual estimated burden of 31,833 delay in effectiveness. This rule does hours. BIS believes that this rule will not impose any new regulatory burden 15 CFR Part 744 have no material impact on that burden. on any person. It merely makes clear To the extent that it has any impact at that certain employer-owned consumer [Docket No. 150604505–5505–01] all, the impact would be to reduce the communications devices and software RIN 0694–AG65 burden because this rule makes some may be exported or reexported transactions that would otherwise temporarily to Sudan as tools of trade by Addition of Certain Persons to the require a license eligible for a license persons traveling to Sudan. No person Entity List exception. would be required to change any of its 3. This rule does not contain policies existing practices as a result of this rule. AGENCY: Bureau of Industry and with Federalism implications as that However, persons traveling to Sudan Security, Commerce. term is defined under Executive Order would benefit from clarity on the point ACTION: Final rule. 13132. addressed by this rule, as it would 4. BIS finds good cause under 5 U.S.C. enable them to bring certain items with SUMMARY: The Bureau of Industry and 553(b)(B) to waive prior notice of them for use in their humanitarian Security (BIS) amends the Export proposed rulemaking and the activities in the country without having Administration Regulations (EAR) by opportunity for public comment to apply for a license. Because this rule adding twenty-nine persons under because it is impracticable and contrary imposes no new burden while providing thirty-three entries to the Entity List. to the public interest. This rule corrects a benefit to some persons, delaying The twenty-nine persons who are added an error in License Exception TMP to implementation would be contrary to to the Entity List have been determined make certain consumer communications the public interest. by the U.S. Government to be acting devices and related software eligible for contrary to the national security or temporary export and reexport to Sudan List of Subjects in 15 CFR Part 740 foreign policy interests of the United as ‘‘tools of trade.’’ Due to a drafting Administrative practice and States. BIS is taking this action to ensure error in the February 2015 rule, license procedure, Exports, Reporting and the efficacy of existing sanctions on the exception availability under the EAR recordkeeping requirements. Russian Federation (Russia) for violating was eliminated for employer-owned For the reasons set forth in the international law and fueling the consumer communications devices and preamble, the Export Administration conflict in eastern Ukraine. These related software being exported or Regulations (15 CFR parts 730–774) are persons will be listed on the Entity List reexported temporarily to Sudan for use amended as follows: under the destinations of Crimea region by staff members, employees, and of Ukraine, Cyprus, Finland, Romania, contractors of non-governmental PART 740—[AMENDED] Russia, Switzerland, Ukraine, and the organizations engaged in humanitarian United Kingdom. This final rule also ■ activities. Those same devices may be 1. The authority citation for 15 CFR revises the reference to Crimea exported or reexported temporarily to part 740 continues to read as follows: (occupied) on the Entity List to conform Sudan under a license exception if they Authority: 50 U.S.C. app. 2401 et seq.; 50 to other references in the EAR that refer are owned personally by the traveler. U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; to the Crimea region of Ukraine. They may also be exported or E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., DATES: This rule is effective September reexported permanently to Sudan under p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 a license exception if they are to be sold Comp., p. 783; Notice of August 7, 2015, 80 2, 2015. or donated to a non-governmental FR 48233 (August 11, 2015). FOR FURTHER INFORMATION CONTACT: organization or individual in Sudan. ■ Chair, End-User Review Committee, 2. In § 740.9, paragraph (a)(2) is added Office of the Assistant Secretary, Export This rule is necessary in order to ensure to read as follows: that persons traveling to Sudan benefit Administration, Bureau of Industry and from clarity on the point addressed by § 740.9 Temporary imports, exports, Security, Department of Commerce, this rule, as it would enable them to reexports, and transfers (in-country) (TMP). Phone: (202) 482–5991, Fax: (202) 482– bring certain items with them for use in * * * * * 3911, Email: [email protected]. their humanitarian activities in the (a) * * * SUPPLEMENTARY INFORMATION: country without having to apply for a (2) Sudan. Notwithstanding the license. Maintaining a license exclusion of destinations in Country Background requirement for this limited category of Group E:1 in paragraphs (a)(1) and (3) of The Entity List (Supplement No. 4 to exports and reexports is contrary to the this section, items listed in § 740.19(b) Part 744 of the EAR) identifies entities VerDate Sep<11>2014 19:00 Sep 01, 2015 Jkt 235001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1 asabaliauskas on DSK5VPTVN1PROD with RULES 52964 Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations and other persons reasonably believed added to the Entity List. The persons license requirement for exports, to be involved in, or that pose a being added to the Entity List have been reexports, or transfers (in-country) to significant risk of being or becoming determined to be involved in activities this blocked person. This license involved in, activities that are contrary that are contrary to the national security requirement implements an appropriate to the national security or foreign policy or foreign policy interests of the United measure within the authority of the EAR of the United States. The EAR imposes States. Specifically, in this rule, BIS to carry out the provisions of Executive additional licensing requirements on, adds persons to the Entity List for Order 13660. and limits the availability of most violating international law and fueling Private Joint-Stock Company Mako license exceptions for, exports, the conflict in eastern Ukraine. These Holding is added to the Entity List reexports, and transfers (in-country) to additions ensure the efficacy of existing under Executive Order 13660 because it those persons or entities listed on the sanctions on Russia. The particular is owned or controlled by, or has acted Entity List. The license review policy additions to the Entity List and related or purported to act for or on behalf of, for each listed entity is identified in the authorities are as follows. directly or indirectly a person whose License Review Policy column on the property and interests are blocked A. Entity Addition Consistent With pursuant to that Order, Oleksandr Entity List and the impact on the Executive Order 13660 availability of license exceptions is Viktorovych Yanukovych. Oleksandr described in the Federal Register notice One entity is added based on Yanukovych is responsible for or adding entities or other persons to the activities that are described in Executive complicit in, or has engaged in, directly Entity List. BIS places entities on the Order 13660 (79 FR 13493), Blocking or indirectly, misappropriation of state Entity List based on certain sections of Property of Certain Persons Contributing assets of Ukraine or of an economically part 744 (Control Policy: End-User and to the Situation in Ukraine, issued by significant entity in Ukraine. End-Use Based) and part 746 the President on March 6, 2014. As Therefore, pursuant to § 744.11 of the (Embargoes and Other Special Controls) described in the Order, the President EAR, the conduct of this one person of the EAR. found that the actions and policies of raises sufficient concern that prior The End-user Review Committee persons who have asserted review of exports, reexports, or transfers (ERC) is composed of representatives of governmental authority in Crimea (in-country) of all items subject to the the Departments of Commerce (Chair), without the authorization of the EAR involving this person, and the State, Defense, Energy, and where Government of Ukraine undermine possible imposition of license appropriate, the Treasury.
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