8520 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 

recent notice continuing that 

emergency. 

This rule is purely procedural and 

makes no changes other than to revise 

CFR authority paragraphs for the 

purpose of making the authority 

citations current. It does not change the 

text of any section of the EAR, nor does 

it alter any right, obligation or 

prohibition that applies to any person 

under the EAR. 

Export Administration Act 

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 amended by 

Executive Order 13637 of March 8, 

2013, 78 FR 16129 (March 13, 2013) and 

as extended by the Notice of August 7, 

2014, 79 FR 46959 (August 11, 2014), 

has continued the Export 

Administration Regulations in effect 

under the International Emergency 

Economic Powers Act (50 U.S.C. 1701). 

BIS continues to carry out the 

provisions of the Export Administration 

Act, as appropriate and to the extent 

permitted by law, pursuant to Executive 

Order 13222 as amended by Executive 

Order 13637. 

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). This rule does not impose any 

regulatory burden on the public and is 

consistent with the goals of Executive 

Order 13563. This rule has been 

determined not to be significant for 

purposes of Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person 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 rule does 

not involve any collection of 

information. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(3)(B) 

to waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are 

unnecessary. This rule only updates 

legal authority citations. It clarifies 

information and is non-discretionary. 

This rule does not alter any right, 

obligation or prohibition that applies to 

any person under the EAR. Because 

these revisions are not substantive 

changes, it is unnecessary to provide 

notice and opportunity for public 

comment. In addition, the 30-day delay 

in effectiveness required by 5 U.S.C. 

553(d) is not applicable because this 

rule is not a substantive rule. Because 

neither the Administrative Procedure 

Act nor any other law requires that 

notice of proposed rulemaking and an 

opportunity for public comment be 

given for this rule, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. 

List of Subjects 

15 CFR Part 730 

Administrative practice and 

procedure, Advisory committees, 

Exports, Reporting and recordkeeping 

requirements, Strategic and critical 

materials. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

Accordingly, parts 730 and 744 of the 

EAR (15 CFR parts 730–774) are 

amended as follows: 

PART 730—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 730 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note; 

22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 

U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 

U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 

50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; E.O. 11912, 41 FR 15825, 3 CFR, 

1976 Comp., p. 114; E.O. 12002, 42 FR 35623, 

3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 

FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 

12214, 45 FR 29783, 3 CFR, 1980 Comp., p. 

256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 

Comp., p. 608; E.O. 12854, 58 FR 36587, 3 

CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 

28205, 3 CFR, 1994 Comp., p. 899; 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. 12981, 60 FR 62981, 3 

CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR 

54079, 3 CFR, 1996 Comp., p. 219; 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; E.O. 

13338, 69 FR 26751, 3 CFR, 2004 Comp., p 

168; E.O. 13637 of March 8, 2013, 78 FR 

16129 (March 13, 2013); Notice of May 7, 

2014, 79 FR 26589 (May 9, 2014); Notice of 

August 7, 2014, 79 FR 46959 (August 11, 

2014); Notice of September 17, 2014, 79 FR 

56475 (September 19, 2014); Notice of 

November 7, 2014, 79 FR 67035 (November 

12, 2014); Notice of January 21, 2015, 80 FR 

3461 (January 22, 2015). 

PART 744—[AMENDED] 

■ 2. The authority citation for 15 CFR 

part 744 is revised 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 January 21, 2014, 79 FR 3721 

(January 22, 2014); Notice of August 7, 2014, 

79 FR 46959 (August 11, 2014); Notice of 

September 17, 2014, 79 FR 56475 (September 

19, 2014); Notice of January 21, 2015, 80 FR 

3461 (January 22, 2015). 

Dated: February 9, 2015. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2015–03318 Filed 2–17–15; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740 and 742 

[Docket No. 140812661–4661–01] 

RIN 0694–AG24 

Revisions to License Exception 

Availability for Consumer 

Communications Devices and 

Licensing Policy for Civil 

Telecommunications-Related Items 

Such as Infrastructure Regarding 

Sudan 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations to revise the 

general licensing policy of denial to one 

of case-by-case licensing for exports and 

reexports to Sudan of 

telecommunications equipment and 

associated computers, software, and 

technology for civil end use, including 

items useful for the development of civil 

telecommunications network 

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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 8521 

infrastructure. It also revises License 

Exception Consumer Communications 

Devices (CCD), which previously 

applied only to consumer 

communications devices to Cuba, to 

authorize exports and reexports of such 

devices to Sudan. Additionally, it makes 

minor technical changes to the list of 

items that are eligible for both Sudan 

and Cuba under the license exception. 

This rule also makes changes to License 

Exception Temporary Imports, Exports, 

Reexports and Transfers (in-country) 

(TMP) in light of the changes to License 

Exception CCD. Finally, it removes a 

license requirement for reexports to 

Sudan of certain telecommunications 

software. BIS is making these changes 

consistent with the U.S. Government’s 

commitment to the advancement of the 

free flow of information to, from, and 

within Sudan, including during a 

national dialogue. 

DATES: The rule is effective February 18, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Theodore Curtin, telephone (202) 482– 

4252, email theodore.curtin@

bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 742.10 of the Export 

Administration Regulations (EAR) 

requires a license for antiterrorism 

reasons for the export and reexport of 

most items on the Commerce Control 

List, Supp. 1 to part 774, to Sudan in 

keeping with Sudan’s designation as a 

state sponsor of terrorism. These items 

include certain consumer 

communication devices and related 

software and telecommunications 

infrastructure items that do not require 

a license for export or reexport to most 

destinations. Prior to publication of this 

rule, the EAR imposed a general policy 

of denial on applications for export or 

reexport of many of these items to 

Sudan. This rule modifies that policy to 

one of case-by-case review with respect 

to telecommunications equipment and 

associated computers, software and 

technology for civil end use, including 

items useful for the development of civil 

telecommunications network 

infrastructure. This rule also makes 

certain telecommunications software 

that was subject to a reexport license 

requirement prior to this rule’s 

publication eligible for reexport to 

Sudan without a license and authorizes 

use of a license exception to export or 

reexport consumer communications 

devices to Sudan. This rule is being 

published simultaneously with a 

Department of the Treasury, Office of 

Foreign Assets Control general license 

in the Sudanese Sanctions Regulations 

(31 CFR part 538) for export or reexport 

of certain services, hardware, and 

software incident to personal 

communications to Sudan. BIS is 

publishing this rule after consultations 

with the Department of State to facilitate 

communication and the free flow of 

information among the Sudanese 

people, including by providing them 

with access to communications tools. 

Specific Changes Made by This Rule 

Expansion of License Exception 

Consumer Communication Devices 

(CCD) and Implementation of 

Conforming Change to License 

Temporary Imports, Exports, Reexports 

and Transfers (In-Country) (TMP) 

This rule revises § 740.19 of the EAR 

(License Exception CCD) to add Sudan 

as an eligible destination. This license 

exception authorizes export and 

reexport of consumer communications 

devices (commodities such as 

computers, communications equipment 

and related items including personal 

computers, mobile phones, televisions, 

radios and digital cameras) that are 

widely available for retail purchase and 

that are commonly used to exchange 

information and facilitate interpersonal 

communications, as well as certain 

telecommunications- and information 

security-related software. Prior to 

publication of this rule, Cuba was the 

only eligible destination under License 

Exception CCD. This rule also makes 

some additions and other changes to the 

license exception related to the addition 

of Sudan. The changes related to Sudan 

are: 

• Adding certain Global Positioning 

System receivers or similar satellite 

receivers as eligible items for export and 

reexport to Sudan under this license 

exception; and 

• Limiting availability of the license 

exception to certain consumer software 

that is distributed free of charge in 

situations where the government of 

Sudan is the end user. 

Many of the items eligible for export 

and reexport under this license 

exception are designated EAR99. 

Consequently, prior to the publication 

of this rule, they did not require a 

license from BIS for export or reexport 

to Sudan under most circumstances 

(i.e., circumstances that do not trigger 

end-use or end-user concerns under part 

744 of the EAR). Similarly, commodities 

classified under Export Control 

Classification Number (ECCN) 5A992 

generally did not require a license from 

BIS for reexport to Sudan in the absence 

of part 744-related end-use and end-user 

concerns. The publication of this rule 

does not change these two general 

practices. Adding Sudan to License 

Exception CCD as an eligible destination 

does not impose a license requirement 

for such items. However, the license 

exception would be available for the 

export or reexport to Sudan of items 

listed on the CCL that would otherwise 

require a license. 

BIS is making these changes to 

License Exception CCD to facilitate the 

supplying of communications 

capabilities to people in Sudan in 

support of the U.S. Government’s policy 

to promote the Sudanese people’s 

communication among themselves and 

with the outside world, including 

during a national dialogue where the 

Sudanese people may participate in 

broad discussions to address their 

longstanding concerns regarding 

governance. This rule is intended to 

facilitate inclusive and broad 

participation in such a dialogue by 

making the necessary communications 

tools available to the Sudanese people. 

These changes are being made in 

coordination with a general license 

being published simultaneously by the 

Department of the Treasury, Office of 

Foreign Assets Control and added to the 

Sudanese Sanctions Regulations (31 

CFR part 538) that generally authorizes 

the export and reexport to Sudan of 

certain services, hardware, and software 

incident to personal communications. 

Changes to License Exception CCD 

Affecting Items Eligible for Cuba and 

Sudan 

This rule adds a note that defines the 

term ‘‘consumer’’ for purposes of 

paragraph (b), which applies the term 

‘‘consumer’’ when describing the 

commodities and software in paragraphs 

(b)(1)—computers, (b)(2)—disk drives 

and solid state storage equipment, 

(b)(12)—information security 

equipment, software and peripherals 

and (b)(17)—software. This addition is 

not a substantive change to the scope of 

License Exception CCD. This addition 

emphasizes the consistency of this rule 

with the related general license being 

published simultaneously by the 

Department of the Treasury, Office of 

Foreign Assets Control, which includes 

this definition of ‘‘consumer’’ in 

connection with commodities and 

software. 

Conforming Change to License 

Exception TMP 

This rule also removes the provision 

of License Exception TMP (§ 740.9(a)(2) 

of the EAR) related to tools of trade 

being temporarily taken to Sudan for a 

specific class of persons for certain 

specified purposes (generally, 

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8522 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 

temporary exports and reexports by 

non-governmental organizations and 

related individuals, including 

employees and contractors, for 

development or humanitarian purposes) 

because it is no longer necessary. With 

the changes made by this rule, License 

Exception CCD now authorizes all of the 

exports and reexports that were 

authorized by that provision of License 

Exception TMP without the limitations 

imposed by License Exception TMP on 

duration, class of persons who may use 

the license exception, and end use. 

Certain Telecommunications Software 

Made Eligible for Reexport to Sudan 

Without a License 

This rule makes software controlled 

under ECCN 5D992.b or .c eligible for 

reexport to Sudan without a license 

from BIS. Software controlled under 

ECCN 5D992.b has the characteristics of, 

or performs or simulates the functions 

of, telecommunications equipment and 

information security equipment 

controlled under ECCN 5A992.a or .b. 

Commodities controlled under ECCN 

5A992 were eligible for reexport to 

Sudan without a license from BIS prior 

to the publication of this rule. This 

change makes software that shares the 

characteristics of and/or performs or 

simulates the same functions as the 

hardware (commodities) eligible for 

reexport to Sudan on the same terms as 

the commodities themselves. Software 

controlled under ECCN 5D992.c 

includes mass market software such as 

mobile apps that may promote personal 

communications by the Sudanese 

people. 

Adoption of Case-by-Case License 

Application Review Policy 

This rule revises the statement of 

antiterrorism licensing policy for Sudan 

set forth in § 742.10 of the EAR to 

provide that license applications for 

export or reexport to Sudan of 

‘‘telecommunications equipment and 

associated computers, software and 

technology for civil end use, including 

items useful for the development of civil 

telecommunications network 

infrastructure’’ will be considered on a 

case-by-case basis rather than being 

subject to a general policy of denial. 

This change is being made to allow BIS 

and the other agencies that review such 

applications to further U.S. government 

policy of advancing the free flow of 

information to, from and within Sudan 

and to facilitate the Sudanese people’s 

communications among themselves and 

with the outside world. BIS recognizes 

the importance of adequate civil 

telecommunications network 

infrastructural capability to enable the 

Sudanese people to engage in secure, 

effective, and reliable personal 

communications. 

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). This rule does not impose any 

regulatory burden on the public and is 

consistent with the goals of Executive 

Order 13563. This rule has been 

determined to be significant for 

purposes of Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person 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 rule 

involves a collection of information 

approved under OMB control number 

0694–0088—Simplified Network 

Application Processing+ System 

(SNAP+) and the Multipurpose Export 

License Application which carries an 

annual estimated burden of 31,833 

hours. BIS believes that this rule will 

have no material impact on that burden. 

To the extent that it has any impact at 

all, the impact would be to reduce the 

burden because this rule makes some 

transactions that would otherwise 

require a license eligible for a license 

exception. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. BIS finds good cause under 5 U.S.C. 

553(b)(B) to waive prior notice of 

proposed rulemaking and the 

opportunity for public comment 

because it is impracticable and contrary 

to the public interest. BIS is publishing 

this rule as part of a State Departmentled initiative to promote the free flow of 

information and to facilitate 

communications by the Sudanese 

people. This rule supports that initiative 

by reducing the procedural 

requirements needed to send personal 

communications devices, such as 

mobile phones, that are the instruments 

of modern communications to Sudan. 

Ensuring that the Sudanese people have 

tools to communicate freely is 

particularly vital. In a joint statement 

issued on September 18, 2014, the 

United States, the United Kingdom, and 

Norway reiterated their ‘‘support for a 

mediation architecture that facilitates 

both resolution of conflict and a 

comprehensive process of national 

dialogue.’’ The time needed to conduct 

a notice and public comment would 

thwart the purpose of this rule, which 

is to enhance communications, 

including during a national dialogue 

period. Consistent with the initiative, 

this rule amends the EAR to allow caseby-case review of license applications to 

send telecommunications-related items, 

including items useful for the 

development of civil 

telecommunications infrastructure, to 

Sudan. In coordination with BIS, the 

Department of the Treasury, Office of 

Foreign Assets Control (OFAC) is 

amending the Sudanese Sanctions 

Regulations (31 CFR part 538) to 

authorize similar transactions involving 

the exportation of certain services, 

software, and hardware incident to 

personal communications. The time that 

would be required for notice and 

opportunity for public comment 

required by 5 U.S.C. part 553 for BIS’s 

rule would undermine the opportunity 

for enhanced communications and 

information flow, thereby causing the 

rule to fail to meet the objective of 

promoting the Sudanese people’s ability 

to communicate in a free, robust, and 

secure manner. Delay in publication of 

this rule would be contrary to the public 

interest because it would undermine the 

ability of the Sudanese people to 

participate fully in a national dialogue. 

BIS also finds good cause under 5 

U.S.C. 553(d)(3) to waive the 30-day 

delay in effectiveness. This rule amends 

the EAR to allow case-by-case review of 

license applications to send 

telecommunications-related items, 

including items useful for the 

development of civil 

telecommunications infrastructure, to 

Sudan. The 30-day delay in 

effectiveness otherwise required under 5 

U.S.C. 553 would undermine the 

opportunity for enhanced 

communications and information flow, 

thereby causing the rule to fail in its 

objective, which is to promote the 

Sudanese people’s ability to 

communicate in a free, robust, and 

secure manner including during a 

national dialogue. This final rule is 

being implemented with immediate 

effectiveness to be concurrent with 

OFAC’s publication of its regulatory 

changes, which are also being made 

effective upon publication. Prompt, 

simultaneous publication is important 

in light of the fact that certain 

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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 8523 

transactions with Sudan require 

authorization under both the EAR and 

the Sudanese Sanctions Regulations. For 

example, an export of an item might 

require an export license from BIS and 

a separate license from OFAC. Payment 

for the export might also require 

authorization from OFAC. Simultaneous 

publication would permit effective 

implementation of the changes to the 

two agencies’ regulations. In particular, 

it would ensure that an export 

transaction authorized under OFAC’s 

general license pertaining to certain 

software, hardware, and services 

incident to personal communications 

would be eligible for a license exception 

under the EAR rather than requiring a 

license from BIS, thereby effectuating 

the U.S. Government’s policy to 

advance personal communications in 

Sudan. 

List of Subjects 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports, Terrorism. 

For the reasons set forth in the 

preamble, the Export Administration 

Regulations (15 CFR parts 730–774) are 

amended as follows: 

PART 740—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 740 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. 7201 et seq.; 

E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 

p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 7, 2014, 79 

FR 46959 (Aug. 11, 2014). 

§ 740.9 [Amended] 

■ 2. Section 740.9 is amended by: 

■ a. Removing the semicolon and the 

phrase ‘‘for Sudan, see paragraph (a)(2) 

of this section’’ from the first sentence 

of paragraph (a)(1); and 

■ b. Removing and reserving paragraph 

(a)(2). 

■ 3. Section 740.19 is amended by: 

■ a. Revising paragraph (a); 

■ b. Revising paragraph (b) introductory 

text; 

■ c. Removing the word ‘‘and’’ from the 

end of paragraph (b)(16); 

■ d. Removing the period from the end 

of paragraph (b)(17) and adding in its 

place a semicolon followed by the word 

‘‘and’’; 

■ e. Adding paragraph (b)(18); 

■ f. Adding a note to paragraph (b); and 

■ g. Revising paragraph (c). 

The revisions and additions read as 

follows: 

§ 740.19 Consumer Communications 

Devices (CCD). 

(a) Authorizations. This section 

authorizes the export or reexport of 

commodities and software, either sold 

or donated, to Cuba or Sudan subject to 

the requirements stated herein. This 

section does not authorize U.S.-owned 

or -controlled entities in third countries 

to engage in reexports of foreign 

produced commodities to Cuba for 

which no license would be issued by 

the Department of the Treasury 

pursuant to 31 CFR 515.559. 

(b) Eligible commodities and software. 

Commodities and software in 

paragraphs (b)(1) through (17) of this 

section are eligible for export or 

reexport under this section to Cuba or 

Sudan. Commodities in paragraph 

(b)(18) of this section are eligible for 

export or reexport under this section to 

Sudan only. 

* * * 

(18) (Sudan only) Global Positioning 

System receivers or similar satellite 

receivers controlled under ECCN 7A994. 

Note to paragraph (b): In this paragraph, 

the term ‘‘consumer’’ refers to items that are: 

1. Generally available to the public by 

being sold, without restriction, from stock at 

retail selling points by means of any of the 

following: 

a. Over-the-counter transactions; 

b. Mail order transactions; 

c. Electronic transactions; or 

d. Telephone call transactions; and 

2. Designed for installation by the user 

without further substantial support by the 

supplier. 

(c) Eligible and ineligible end-users— 

(1) Organizations. (i) This license 

exception may be used to export or 

reexport eligible commodities and 

software to and for the use of 

independent non-governmental 

organizations in Cuba or Sudan. 

(ii) The Cuban Government or the 

Cuban Communist Party and 

organizations they administer or control 

are not eligible end-users. 

(iii) The Government of Sudan is not 

an eligible end-user for any item 

exported or reexported pursuant to this 

license exception except for consumer 

software that is authorized under 

paragraph (b)(12) or (b)(17) of this 

section and that is distributed free of 

charge. 

(2) Individuals. This License 

Exception may be used to export eligible 

commodities and software to and for the 

use of individuals other than the 

following: 

(i) Ineligible Cuban Government 

Officials. Ministers and vice-ministers; 

members of the Council of State; 

members of the Council of Ministers; 

members and employees of the National 

Assembly of People’s Power; members 

of any provincial assembly; local sector 

chiefs of the Committees for the Defense 

of the Revolution; Director Generals and 

sub-Director Generals and higher of all 

Cuban ministries and state agencies; 

employees of the Ministry of the Interior 

(MININT); employees of the Ministry of 

Defense (MINFAR); secretaries and first 

secretaries of the Confederation of Labor 

of Cuba (CTC) and its component 

unions; chief editors, editors and deputy 

editors of Cuban state-run media 

organizations and programs, including 

newspapers, television, and radio; or 

members and employees of the Supreme 

Court (Tribuno Supremo Nacional). 

(ii) Ineligible Cuban Communist Party 

Officials. Members of the Politburo; the 

Central Committee; Department Heads 

of the Central Committee; employees of 

the Central Committee; and the 

secretaries and first secretaries of 

provincial Party central committees. 

PART 742—[AMENDED] 

■ 4. The authority citation for 15 CFR 

part 742 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; Sec. 1503, Pub. L. 108–11, 117 

Stat. 559; 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. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Presidential Determination 

2003–23 of May 7, 2003, 68 FR 26459, May 

16, 2003; Notice of August 7, 2014, 79 FR 

46959 (August 11, 2014); Notice of November 

7, 2014, 79 FR 67035 (November 12, 2014). 

■ 5. Section 742.10 is amended by: 

■ a. Revising the first sentence of 

paragraph (a)(2); 

■ b. Revising paragraph (b)(3); 

■ c. Redesignating the note to paragraph 

(b) as the note to paragraph (b)(3); and 

■ d. Revising the newly redesignated 

note to paragraph (b)(3), to read as 

follows: 

§ 742.10 Anti-terrorism: Sudan. 

(a) * * * 

(2) If AT column 1 or AT column 2 

of the Commerce Country Chart 

(Supplement No. 1 to part 738 of the 

EAR) is indicated in the appropriate 

ECCN, a license is required for reexport 

to Sudan for anti-terrorism purposes, 

except for ECCNs 2A994, 3A992.a, 

5A991.g, 5A992, 5D992.b or .c, 6A991, 

6A998, 7A994, 8A992.d, .e, .f, and .g, 

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8524 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 

9A990.a and .b, and 9A991.d and .e. 

* * * 

* * * * * 

(b) * * * 

(3) Notwithstanding the provisions of 

paragraphs (b)(1) and (b)(2) of this 

section, applications for Sudan will be 

considered on a case-by-case basis in 

the following four situations. 

(i) The transaction involves the 

reexport to Sudan of items where Sudan 

was not the intended ultimate 

destination at the time of original export 

from the United States, provided that 

the exports from the U.S. occurred prior 

to the applicable contract sanctity date. 

(ii) The U.S. content of foreignproduced commodities is 20% or less by 

value. 

(iii) The commodities are medical 

items. 

(iv) The items are telecommunications 

equipment and associated computers, 

software and technology for civil end 

use, including items useful for the 

development of civil 

telecommunications network 

infrastructure. 

Note to paragraph (b)(3) of this section: 

Applicants who wish any of the factors 

described in paragraph (b)(3) of this section 

to be considered in reviewing their license 

applications must submit adequate 

documentation demonstrating the 

appropriateness of the factor: i.e., the date of 

export from the United States, the value of 

the U.S. content, the specifications and 

medical use of the equipment, or the specific 

civil end use of the item and any function the 

item will have in the development of civil 

telecommunications network infrastructure, 

as relevant to the factor for which 

consideration is sought. 

* * * * * 

Dated: February 12, 2015. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2015–03329 Filed 2–17–15; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 141230999–4999–01] 

RIN 0694–AG46 

Addition of Certain Persons to the 

Entity List; and Removal of Person 

From the Entity List Based on a 

Removal Request 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR) by 

adding eleven persons to the Entity List. 

The eleven persons who are added to 

the Entity List have been determined by 

the U.S. Government to be acting 

contrary to the national security or 

foreign policy interests of the United 

States. These eleven persons will be 

listed on the Entity List under the 

destinations of People’s Republic of 

China (China), Pakistan, and United 

Arab Emirates (U.A.E.). 

This final rule also removes one 

person from the Entity List, as the result 

of a request for removal submitted by 

the person, a review of information 

provided in the removal request in 

accordance with the procedure for 

requesting removal or modification of 

an Entity List entity, and further review 

conducted by the End-User Review 

Committee (ERC). 

DATES: This rule is effective February 

18, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Chair, End-User Review Committee, 

Office of the Assistant Secretary, Export 

Administration, Bureau of Industry and 

Security, Department of Commerce, 

Phone: (202) 482–5991, Fax: (202) 482– 

3911, Email: ERC@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Entity List (Supplement No. 4 to 

Part 744) notifies the public about 

entities that have engaged in activities 

that could result in an increased risk of 

the diversion of exported, reexported or 

transferred (in-country) items to 

weapons of mass destruction (WMD) 

programs. Since its initial publication, 

grounds for inclusion on the Entity List 

have expanded to include activities 

sanctioned by the State Department and 

activities contrary to U.S. national 

security or foreign policy interests. 

Certain exports, reexports, and transfers 

(in-country) to entities identified on the 

Entity List require licenses from BIS and 

are usually subject to a policy of denial. 

The availability of license exceptions in 

such transactions is very limited. The 

license review policy for each entity is 

identified in the license review policy 

column on the Entity List and the 

availability of license exceptions is 

noted in the Federal Register notices 

adding persons to the Entity List. BIS 

places entities on the Entity List based 

on certain sections of part 744 (Control 

Policy: End-User and End-Use Based) 

and part 746 (Embargoes and Other 

Special Controls) of the EAR. 

The ERC, composed of representatives 

of the Departments of Commerce 

(Chair), State, Defense, Energy and, 

where appropriate, the Treasury, makes 

all decisions regarding additions to, 

removals from, or other modifications to 

the Entity List. The ERC 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. 

ERC Entity List Decisions 

Additions to the Entity List 

This rule implements the decision of 

the ERC to add eleven persons under 

eleven entries to the Entity List. These 

eleven persons are being added on the 

basis of § 744.11 (License requirements 

that apply to entities acting contrary to 

the national security or foreign policy 

interests of the United States) of the 

EAR. The eleven entries added to the 

Entity List consist of four entries in 

China, four in Pakistan, and three in the 

U.A.E. 

The ERC reviewed § 744.11(b) 

(Criteria for revising the Entity List) in 

making the determination to add these 

eleven persons to the Entity List. Under 

that paragraph, persons for whom there 

is reasonable cause to believe, based on 

specific and articulable facts, 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 the United States and those 

acting on behalf of such persons may be 

added to the Entity List. Paragraphs 

(b)(1) through (b)(5) of § 744.11 include 

an illustrative list of activities that could 

be contrary to the national security or 

foreign policy interests of the United 

States. 

The ERC determined the following 

four persons being added to the Entity 

List under the destination of China have 

been involved in activities contrary to 

the national security and foreign policy 

interests of the United States. The ERC 

determined that the National University 

of Defense Technology (NUDT), the 

National Supercomputing Center in 

Changsha (NSCC–CS), National 

Supercomputing Center in Guangzhou 

(NSCC–GZ), and the National 

Supercomputing Center in Tianjin 

(NSCC–TJ), all located in the People’s 

Republic of China, meet the guidelines 

listed under § 744.11(b): Entities for 

which there is reasonable cause to 

believe, based on specific and 

articulated facts, that an entity has been 

involved, is involved, or poses a 

significant risk of being or becoming 

involved in activities that are contrary 

to the national security or foreign policy 

interests of the United States and those 

acting on behalf of such entities may be 

added to the Entity List pursuant to this 

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