48532 Federal Register/Vol. 83, No. 187/Wednesday, September 26
Total Page:16
File Type:pdf, Size:1020Kb
48532 Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations DEPARTMENT OF COMMERCE described in the relevant Federal their involvement in providing material Register notice adding entities to the support to Iranian missile programs. Bureau of Industry and Security Entity List. BIS places entities on the The ERC also determined that four Entity List pursuant to part 744 (Control commercial companies—Joint Stock 15 CFR Part 744 Policy: End-User and End-Use Based) Company Scientific-Research Institute [Docket No. 180910826–8826–01] and part 746 (Embargoes and Other ‘‘Vektor’’, Open Joint Stock Company Special Controls) of the EAR. Information Technology and RIN 0694–AH63 The End-User Review Committee Communication Systems, Federal State (ERC), composed of representatives of Unitary Enterprise Scientific Production Addition of Certain Entities to the Enterprise ‘‘GAMMA’’, and Syrus Entity List, Revision of an Entry on the the Departments of Commerce (Chair), State, Defense, Energy and, where Systems—located in Russia be added to Entity List and Removal of an Entity the Entity List. These entities have From the Entity List appropriate, the Treasury, makes all decisions regarding additions to, enabled the activities of malicious AGENCY: Bureau of Industry and removals from, or other modifications to Russian cyber actors. In addition, the Security, Commerce. the Entity List. The ERC makes all ERC determined that two entities, Divetechnoservices and Oceanos, be ACTION: Final rule. decisions to add an entry to the Entity List by majority vote, and makes all added to the Entity List under the SUMMARY: This final rule amends the decisions to remove or modify an entry destination of Russia for providing equipment and support to the Russian Export Administration Regulations by unanimous vote. (EAR) by adding fourteen entities to the Navy. The ERC also determined that five Entity List. These fourteen entities have ERC Entity List Decisions entities—AeroComposit; Obinsk Research and Production Enterprise been determined by the U.S. Additions to the Entity List Government to be acting contrary to the (ORPE), Open Joint Stock Company national security or foreign policy This rule implements the decision of Aviadvigatel, Open Joint Stock interests of the United States and will be the ERC to add fourteen entities to the Company Scientific and Production listed on the Entity List under the Entity List. The addition of these Corporation of Precision Instruments destinations of Belarus, Iran, Russia, fourteen entities involves sixteen Entity Engineering (NPK–SPP), and Voronezh and Singapore. This rule also modifies List entries, as one of the entities being Scientific Research Institute ‘‘Vega’’—be one entry on the Entity List under the added has locations in three added to the Entity List for supporting destination of the United Arab Emirates. destinations. The fourteen entities are Russian military aerospace production Lastly, this rule removes one entity being added based on § 744.11 (License activities. under the destination of Hong Kong requirements that apply to entities Under the destination of Singapore, from the Entity List. The removal is acting contrary to the national security the ERC determined that one entity, All made in connection with a request for or foreign policy interests of the United Industrial Manufacturing (AIM) Pte Ltd., removal BIS received pursuant to the States) of the EAR. The sixteen entries be added to the Entity List based on its EAR and a review of information consist of two entries located in Belarus, involvement in the proliferation of provided in that request. one entry located in Iran, twelve entries unsafeguarded nuclear activities. Pursuant to § 744.11(b) of the EAR, DATES: This rule is effective September located in Russia and one entry located in Singapore. the ERC determined that the conduct of 26, 2018. these fourteen entities raises sufficient FOR FURTHER INFORMATION CONTACT: The ERC reviewed § 744.11(b) concern that prior review of exports, Chair, End-User Review Committee, (Criteria for revising the Entity List) in reexports or transfers (in-country) of all Office of the Assistant Secretary, Export making the determination to add these items subject to the EAR involving these Administration, Bureau of Industry and fourteen entities to the Entity List. entities, and the possible imposition of Security, Department of Commerce, Under that paragraph, persons for whom license conditions or license denials on Phone: (202) 482–5991, Email: ERC@ there is reasonable cause to believe, shipments to the persons, will enhance bis.doc.gov. based on specific and articulable facts, BIS’s ability to prevent violations of the SUPPLEMENTARY INFORMATION: that they have been involved, are EAR. involved, or pose a significant risk of For thirteen of the fourteen entities Background being or becoming involved in, described above that are being added to The Entity List (15 CFR, Subchapter activities that are contrary to the the Entity List, BIS imposes a license C, part 744, Supplement No. 4) national security or foreign policy requirement for all items subject to the identifies entities reasonably believed to interests of the United States, along with EAR and a license review policy of be involved, or to pose a significant risk those acting on behalf of such persons, presumption of denial. For All of being or becoming involved, in may be added to the Entity List. Industrial Manufacturing (AIM) Pte Ltd, activities contrary to the national Paragraphs (b)(1) through (b)(5) of the entity added under Singapore, BIS security or foreign policy interests of the § 744.11 provide an illustrative list of imposes a license requirement for all United States. The Export activities that could be contrary to the items subject to the EAR and will Administration Regulations (EAR) (15 national security or foreign policy exercise the license review policy set CFR, Subchapter C, parts 730–774) interests of the United States. For each forth in subpart (d) of EAR § 744.2, a imposes additional license requirements of the fourteen entities described below, nuclear end-user and end-use based on, and limits the availability of most the ERC made the requisite provision. For all fourteen entities, the license exceptions for, exports, determination under the standard set license requirements apply to any reexports, and transfers (in-country) to forth in § 744.11(b). transaction in which items are to be listed entities. The license review policy Pursuant to § 744.11(b) of the EAR, exported, reexported, or transferred (in- for each listed entity is identified in the the ERC determined that Nilco Group, country) to any of the entities or in ‘‘License review policy’’ column on the located in Belarus, Iran, and Russia, and which such entities act as purchaser, Entity List, and the impact on the Mohammad Najafi, located in Belarus, intermediate consignee, ultimate availability of license exceptions is be added to the Entity List based on consignee, or end-user. In addition, no VerDate Sep<11>2014 17:04 Sep 25, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\26SER1.SGM 26SER1 daltland on DSKBBV9HB2PROD with RULES Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations 48533 license exceptions are available for —Obinsk Composite Materials Plant. This final rule makes the following exports, reexports, or transfers (in- Kievskoe Shosse 15, Obinsk, 249031, modifications to one entry on the Entity country) to the entities being added to Russia; List: the Entity List in this rule. The acronym (7) Oceanos, United Arab Emirates ‘‘a.k.a.’’ (also known as) is used in 19/2 Esenina Street, Saint Petersburg, entries on the Entity List to identify 194295, Russia; and 16/2 A–H Engelsa (1) AdCom Systems, a.k.a., the aliases, thereby assisting exporters, Prospekt, Saint Petersburg, 195156, following two aliases: reexporters and transferors in Russia; —Sky Global Communications; and identifying entities on the Entity List. (8) Open Joint Stock Company —Sky Global Communication Systems. This final rule adds the following Aviadvigatel, a.k.a., the following one Industrial City of Abu Dhabi—ICAD1, fourteen entities to the Entity List, alias: Mussafah, Abu Dhabi, UAE; and #2 including one entity listed under three —AVI. Mezzanine Level, Block 19, Sharq 40 Al entries: Morour Street, Abu Dhabi Island, Abu Komsomolsky Prospekt 93, Perm, Dhabi, UAE. Belarus 614990, Russia; (1) Mohammad Ghassem Najafi, (9) Open Joint Stock Company Removal From the Entity List Unit 705, No. 103, Potbediteley Ave., Information Technology and This rule implements a decision of Minsk, Belarus; and Communication Systems, a.k.a., the the ERC to remove Antony Emmanuel, (2) Nilco Group, a.k.a., the following following two aliases: an entity located in Hong Kong, from one alias: —OJSC Infoteks; and the Entity List on the basis of a removal —Nilfam Khazar Co. —OJSC Infotecs. request. The entry for Antony Unit 705, No. 103, Potbediteley Ave., Proezd Petrovsko-Razumovski Star, d. Emmanuel was added to the Entity List Minsk, Belarus (see alternate addresses 1/23 str. 1 Business Center ‘‘Vympel,’’ on October 22, 2008 (73 FR 54505). The under Iran and Russia). Moscow, 127287, Russia; ERC decided to remove this entry based (10) Open Joint Stock Company on information BIS received pursuant to Iran Scientific and Production Corporation § 744.16 of the EAR and the review the (1) Nilco Group, a.k.a., the following of Precision Instruments Engineering ERC conducted in accordance with one alias: (NPK–SPP), a.k.a., the following one procedures described in Supplement alias: —Nilfam Khazar Co. No. 5 to part 744. —OJC RPC PSI. This final rule implements the Unit 6, No. 1, Mehr Alley, Gilan St., decision to remove the following entity Boostan 2, Pasdaran Ave., Tehran, Iran Aviamotornaya Ulitsa 53, Moscow, 111024, Russia; located in Hong Kong from the Entity (see alternate addresses under Belarus List: and Russia).