4776 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(j) Related Information 

For more information about this AD, 

contact Jeffrey W. Palmer, Aerospace 

Engineer, Systems and Equipment Branch, 

ANM–130L, Los Angeles ACO, FAA, 3960 

Paramount Boulevard, Lakewood, CA 90712– 

4137; phone: 562–627–5351; fax: 562–627– 

5210; email: jeffrey.w.palmer@faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Special Compliance Item (SCI) 34–4, 

‘‘Functional Test of the Captain and First 

Officer’s Altimeter,’’ of Appendix A—‘‘SCIs,’’ 

to Boeing Report No. MDC–02K1003, ‘‘Trijet 

Special Compliance Item Report,’’ Revision 

K, dated February 1, 2013. There is no page 

‘‘i’’ identified in this document. 

(ii) Special Compliance Item (SCI) 34–1— 

‘‘Functional Test of the Captain and First 

Officer’s Altimeter,’’ of Appendix A ‘‘SCIs,’’ 

to Boeing Report No. MDC–92K9145, Twinjet 

Special Compliance Item Report, Revision M, 

dated February 5, 2013. 

(3) For Boeing service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data & 

Services Management, 3855 Lakewood 

Boulevard, MC D800–0019, Long Beach, CA 

90846–0001; telephone 206–544–5000, 

extension 2; fax 206–766–5683; Internet 

https://www.myboeingfleet.com. 

(4) You may view this referenced service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on January 

11, 2015. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2015–00999 Filed 1–28–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 738, 740, 746, and 772 

[Docket No. 141218999–4999–01] 

RIN 0694–AG43 

Russian Sanctions: Licensing Policy 

for the Crimea Region of Ukraine 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) issues this final rule to 

amend the Export Administration 

Regulations (EAR) to impose additional 

sanctions that implement U.S. policy 

toward Russia. Specifically, in this rule 

BIS amends the EAR by imposing a 

license requirement for the export and 

reexport to the Crimea region of 

Ukraine, and the transfer within the 

Crimea region of Ukraine, of all items 

subject to the EAR, other than food and 

medicine designated as EAR99. The rule 

establishes a presumption of denial for 

all such exports or reexports to the 

Crimea region of Ukraine and transfers 

within the Crimea region of Ukraine, 

except with respect to items authorized 

under the Department of the Treasury’s 

Office of Foreign Assets Control (OFAC) 

General License No. 4, which BIS will 

review on a case-by-case basis. This 

action is consistent with the goals and 

objectives of Executive Order 13685 of 

December 19, 2014. 

DATES: This rule is effective January 29, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Eileen Albanese, Director, Office of 

National Security and Technology 

Transfer Controls, Bureau of Industry 

and Security, Department of Commerce, 

Phone: (202) 482–0092, Fax: (202) 482– 

482–3355, Email: rpd2@bis.doc.gov. For 

emails, include ‘‘Russia’’ in the subject 

line. 

SUPPLEMENTARY INFORMATION: The 

Bureau of Industry and Security (BIS) 

issues this final rule to amend the 

Export Administration Regulations 

(EAR) to impose additional sanctions 

that implement U.S. policy toward 

Russia. Specifically, in this rule BIS 

amends the EAR by imposing a license 

requirement for the export and reexport 

to the Crimea region of Ukraine, and the 

transfer within the Crimea region of 

Ukraine, of all items subject to the EAR, 

other than food and medicine 

designated as EAR99. For purposes of 

this final rule, the term ‘‘Crimea region 

of Ukraine’’ includes the land territory 

in that region as well as any maritime 

area over which sovereignty, sovereign 

rights, or jurisdiction is claimed based 

on purported sovereignty over that land 

territory. The rule establishes a 

presumption of denial for all such 

exports and reexports to the Crimea 

region of Ukraine or transfers within the 

Crimea region of Ukraine, except with 

respect to items authorized under OFAC 

General License No. 4 which BIS will 

review on a case-by-case basis. 

Licensing Requirements and Policy 

Consistent With Executive Order 

[Crimea E.O. 13685] 

BIS is imposing licensing 

requirements with respect to exports 

and reexports to the Crimea region of 

Ukraine and transfers within the Crimea 

region of Ukraine. BIS also is adopting 

a presumption of denial for the review 

of license applications for such 

transactions, with certain exceptions 

described below, consistent with the 

prohibitions described in Executive 

Order 13685 (79 FR 77357), Blocking 

Property of Certain Persons and 

Prohibiting Certain Transactions with 

Respect to the Crimea Region of 

Ukraine, issued by the President on 

December 19, 2014. This Order took 

additional steps to address the national 

emergency declared in Executive Order 

13660 of March 6, 2014 (as expanded by 

Executive Order 13661 of March 16, 

2014 and Executive Order 13662 of 

March 20, 2014), finding that the actions 

and policies of the Government of the 

Russian Federation with respect to 

Ukraine—including the deployment of 

Russian Federation military forces in 

the Crimea region of Ukraine— 

undermine democratic processes and 

institutions in Ukraine; threaten its 

peace, security, stability, sovereignty, 

and territorial integrity; and contribute 

to the misappropriation of its assets, and 

thereby constitute an unusual and 

extraordinary threat to the national 

security and foreign policy of the United 

States. 

Specifically, Executive Order 13685 

blocks the property and interests in 

property of persons determined to meet 

the blocking criteria and prohibits 

specified transactions, including 

exports, reexports, sales or supply, 

directly or indirectly, from the United 

States, or by a United States person, of 

any goods, services or technology to the 

Crimea region of Ukraine. Under 

Section 10 of Executive Order 13685, all 

agencies of the United States 

Government are directed to take all 

appropriate measures within their 

authority to carry out the provisions of 

the Order. 

Consistent with the Executive Order’s 

prohibitions, the Department of 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 4777 

Commerce imposes a license 

requirement for exports or reexports to 

the Crimea region of Ukraine, or 

transfers within the Crimea region of 

Ukraine, of all items subject to the EAR, 

other than food and medicine 

designated as EAR99. The rule 

establishes a presumption of denial for 

all such exports or reexports to the 

Crimea region of Ukraine and transfers 

within the Crimea region of Ukraine, 

except with respect to items not exempt 

from the license requirement but 

authorized under the Department of the 

Treasury’s Office of Foreign Assets 

Control (OFAC) General License No. 4 

(discussed in greater detail in the next 

paragraph) which BIS will review on a 

case-by-case basis. This license 

requirement implements an appropriate 

measure within the authority of BIS 

consistent with the provisions of 

Executive Order 13685. Certain license 

exceptions are available for exports or 

reexports to the Crimea region of 

Ukraine or transfers within the Crimea 

region of Ukraine. 

The Department of Commerce’s new 

license requirement does not apply to 

exports and reexports to the Crimea 

region of Ukraine or to transfers within 

the Crimea region of Ukraine of food 

and medicine designated as EAR99. On 

December 19, 2014, in conjunction with 

the issuance of Executive Order 13685, 

OFAC issued General License No. 4, 

Authorizing the Exportation or 

Reexportation of Agricultural 

Commodities, Medicine, Medical 

Supplies, and Replacement Parts and on 

December 30, 2014, it issued General 

License No. 5, Authorizing Certain 

Activities Necessary to Wind Down 

Operations Involving the Crimea Region 

of Ukraine. See http://

www.treasury.gov/resource-center/

sanctions/Programs/Documents/

ukraine_gl4.pdf and http://

www.treasury.gov/resource-center/

sanctions/Programs/Documents/

ukraine_gl5.pdf. 

This final rule includes a savings 

clause as described below. If an export, 

reexport or transfer (in-country) does 

not qualify for the savings clause 

described below but falls within the 

scope of OFAC’s General License No. 5, 

an applicant may note this fact in its BIS 

license application either under block 

24 or in a separate attachment. BIS will 

consider this fact as part of the license 

review process. 

Revisions to the Export Administration 

Regulations 

To implement the changes described 

above, this final rule adds a new § 746.6 

(Crimea region of Ukraine) to part 746 

(Embargoes and Other Special Controls) 

of the EAR. The new § 746.6 consists of 

three paragraphs. Paragraph (a) imposes 

a license requirement for exports and 

reexports to the Crimea region of 

Ukraine, and the transfer within the 

Crimea region of Ukraine, of all items 

subject to the EAR, other than food and 

medicine designated as EAR99. 

Paragraph (a) also includes a definition 

of the term ‘Crimea region of Ukraine,’ 

which specifies that ‘Crimea region of 

Ukraine’ includes the land territory in 

that region as well as any maritime area 

over which sovereignty, sovereign 

rights, or jurisdiction is claimed based 

on purported sovereignty over that land 

territory. Paragraph (b) of the new 

section specifies that the license review 

policy is a presumption of denial, 

except for items authorized under OFAC 

General License No. 4 which will be 

reviewed on a case-by-case basis. 

Paragraph (c) includes an exhaustive 

listing of the license exceptions that are 

available to overcome the license 

requirements in this new section. No 

license exceptions other than those 

license exceptions or paragraphs of 

license exceptions specified in 

paragraph (c), are available to overcome 

the license requirements of this new 

§ 746.6. 

The license requirements imposed 

under part 746 of the EAR are 

independent of the Commerce Control 

List (CCL)-based license requirements. 

However, this rule adds a new cross 

reference to § 746.6 by adding new 

footnote 8 to the Commerce Country 

Chart in Supplement No. 1 to part 738. 

This footnote 8 makes persons aware of 

the additional part 746 license 

requirements under § 746.6 that apply 

for the ‘Crimea region of Ukraine.’ The 

new footnote also includes the same 

definition of ‘Crimea region of Ukraine’ 

that this rule adds to § 746.6. When 

applying for a license to the Crimea 

region of Ukraine, applicants should 

select ‘Crimea region’ in the drop down 

menu option under the country of 

Ukraine in the Simplified Network 

Application Processing System (SNAP– 

R). 

This final rule, as a conforming 

change to the addition of § 746.6 and the 

restrictions under paragraph (c), adds 

‘Crimea region of Ukraine’ to the general 

restriction on the use of license 

exceptions in § 740.2 of the EAR for 

sanctioned countries by revising the 

parenthetical phrase ‘‘(Cuba, Iran, North 

Korea, and Syria).’’ This final rule adds 

‘Crimea region of Ukraine’ to this 

parenthetical phrase because the license 

requirements under § 746.6 apply to all 

items subject to the EAR and the only 

license exceptions available to 

overcome the license requirement are 

those specified in § 746.6. 

Lastly, this final rule revises the 

definition of ‘‘food’’ in § 772.1 to 

include a reference to ‘Crimea region of 

Ukraine’ along with North Korea and 

Syria, the two countries that are 

referenced in the definition. 

Foreign Policy Report 

The expansion of license 

requirements for exports, reexports or 

transfers within the Crimea region of 

Ukraine in this rule is the imposition of 

a foreign policy control. Section 6(f) of 

the Export Administration Act requires 

that a report be delivered to Congress 

before imposing such controls. The 

report was delivered to Congress on 

January 26, 2015. 

Savings Clause 

Shipments of items removed from 

eligibility for a License Exception or 

export, or reexport without a license 

(NLR) as a result of this regulatory 

action that were on dock for loading, on 

lighter, laden aboard an exporting or 

reexporting carrier, or en route aboard a 

carrier to a port of export or reexport, on 

January 29, 2015, pursuant to actual 

orders for export or reexport to a foreign 

destination, may proceed to that 

destination under the previous 

eligibility for a License Exception or 

export or reexport without a license 

(NLR) so long as they are exported or 

reexported before February 1, 2015. Any 

such items not actually exported or 

reexported before midnight, on February 

1, 2015, require a license in accordance 

with this rule. 

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. 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 


tkelley on DSK3SPTVN1PROD with RULES
4778 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 

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 significant 

for purposes of 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 

Office of Management and Budget 

(OMB) Control Number. This regulation 

involves collections previously 

approved by OMB under control 

number 0694–0088, Simplified Network 

Application Processing System, which 

includes, among other things, license 

applications and carries a burden 

estimate of 43.8 minutes for a manual or 

electronic submission. Total burden 

hours associated with the PRA and 

OMB control number 0694–0088 are not 

expected to significantly 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 Jasmeet K. Seehra, Office of 

Management and Budget (OMB), by 

email to Jasmeet_K._Seehra@

omb.eop.gov, or by fax to (202) 395– 

7285. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined in Executive Order 

13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, the opportunity for public 

comment and a delay in effective date 

are inapplicable because this regulation 

involves a military or foreign affairs 

function of the United States. (See 5 

U.S.C. 553(a)(1)). BIS implements this 

rule to advance U.S. policy toward 

Russia and therefore promote U.S. 

national security or foreign policy 

objectives by immediately preventing 

items from being exported, reexported, 

or transferred within the Crimea region 

of Ukraine. Delay in publication and the 

rule’s effective date to allow for notice 

and comment would frustrate those 

objectives. For example, prior to 

publication of this final rule, items 

controlled on the Commerce Control 

List for Chemical & Biological Weapons 

(CB2 and CB3) reasons that required a 

BIS license to be exported or reexported 

to Russia could have been exported to 

the Crimea region of Ukraine under the 

no license required (NLR) designation. 

BIS also imposes end use and end user 

controls under part 744 and part 746 of 

the EAR on certain exports and 

reexports to Russia. A delay in 

publishing this final rule to obtain 

public comments would create an 

incentive for persons to export CB2 and 

CB3 items to the Crimea region of 

Ukraine to circumvent license 

requirements for the export of such 

items to Russia and for persons to use 

the Crimea region of Ukraine to 

circumvent part 744 and part 746 end 

use and end user license requirements 

that apply to Russia. Further, no other 

law requires that a notice of proposed 

rulemaking and an opportunity for 

public comment be given for this rule. 

Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule by 5 U.S.C. 553, or 

by any other law, the analytical 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601 et seq., are 

not applicable. Accordingly, no 

regulatory flexibility analysis is required 

and none has been prepared. 

List of Subjects 

15 CFR Parts 738 and 772 

Exports. 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 746 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, parts 738, 740, 746, and 

772 of the Export Administration 

Regulations (15 CFR parts 730–774) are 

amended as follows: 

PART 738—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 738 continues 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. 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. 

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 (August 11, 2014). 

■ 2. Supplement No. 1 to part 738 is 

amended by: 

■ a. Adding footnote designation ‘‘8’’ to 

‘‘Ukraine’’; and 

■ b. Adding footnote 8. 

The addition reads as follows: 

Supplement No. 1 to Part 738— 

Commerce Country Chart 

* * * * * 

8See § 746.6 for additional license 

requirements for all items subject to the 

EAR, other than food and medicine 

designated as EAR99, for the Crimea 

region of Ukraine. The Crimea region of 

Ukraine includes the land territory in 

that region as well as any maritime area 

over which sovereignty, sovereign 

rights, or jurisdiction is claimed based 

on purported sovereignty over that land 

territory. 

PART 740—[AMENDED] 

■ 3. 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 (August 11, 2014). 

■ 4. Section 740.2 is amended by 

revising paragraph (a)(6) to read as 

follows: 

§ 740.2 Restrictions on all license 

exceptions. 

(a) * * * 

(6) The export or reexport is to a 

sanctioned destination (Cuba, Iran, 

North Korea, Syria, and Crimea region 

of Ukraine) or a license is required 

based on a limited sanction (Russia) 

unless a license exception or portion 

thereof is specifically listed in the 

license exceptions paragraph pertaining 

to a particular sanctioned country in 

part 746 of the EAR. 

* * * * * 

PART 746—[AMENDED] 

■ 5. The authority citation for 15 CFR 

part 738 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. 287c; Sec 1503, 

Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 6004; 

22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 

614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 

Comp., p. 899; E.O. 13222, 66 FR 44025, 3 

CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 

26751, 3 CFR, 2004 Comp., p 168; 

Presidential Determination 2003–23 of May 

7, 2003, 68 FR 26459, May 16, 2003; 

Presidential Determination 2007–7 of 

December 7, 2006, 72 FR 1899 (January 16, 

2007); Notice of May 7, 2014, 79 FR 26589 

(May 9, 2014); Notice of August 7, 2014, 79 

FR 46959 (August 11, 2014). 

■ 6. Add § 746.6 to read as follows: 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 4779 

§ 746.6 Crimea region of Ukraine. 

(a) License requirements—(1) General 

prohibition. As authorized by Section 6 

of the Export Administration Act of 

1979, a license is required to export or 

reexport any item subject to the EAR, 

other than food and medicine 

designated as EAR99, to the Crimea 

region of Ukraine. The ‘Crimea region of 

Ukraine’ includes the land territory in 

that region as well as any maritime area 

over which sovereignty, sovereign 

rights, or jurisdiction is claimed based 

on purported sovereignty over that land 

territory. This license requirement 

includes transfers within the Crimea 

region. 

(b) License review policy. 

Applications will be reviewed with a 

presumption of denial, except for items 

authorized under OFAC UkraineRelated General License No. 4 which 

will be reviewed on a case-by-case basis. 

(c) License exceptions. You may 

export, reexport or transfer (in-country) 

without a license if your transaction 

meets all the applicable terms and 

conditions of any of the license 

exception paragraphs specified in this 

paragraph (c). To determine scope and 

eligibility requirements, you will need 

to refer to the sections or specific 

paragraphs of part 740 (License 

Exceptions). Read each license 

exception carefully, as the provisions 

available for countries subject to 

sanctions are generally narrow. 

(1) TMP for items for use by the news 

media as set forth in § 740.9(a)(9) of the 

EAR. 

(2) GOV for items for personal or 

official use by personnel and agencies of 

the U.S. Government, the International 

Atomic Energy Agency (IAEA), or the 

European Atomic Energy Community 

(Euratom) as set forth in § 740.11(a) and 

(b)(2) of the EAR. 

(3) GFT for gift parcels and 

humanitarian donations as set forth in 

§ 740.12. 

(4) TSU for operation technology and 

software for lawfully exported 

commodities as set forth in § 740.13(a) 

and sales technology as set forth in 

§ 740.13 (b) of the EAR. 

(5) BAG for exports of items by 

individuals leaving the United States as 

personal baggage as set forth in 

§ 740.14(a) through (d) of the EAR. 

(6) AVS for civil aircraft and vessels 

as set forth in § 740.15(a)(4) and (d) of 

the EAR. 

PART 772—[AMENDED] 

■ 7. The authority citation for 15 CFR 

part 738 continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

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

■ 8. Section 772.1 is amended by 

revising the definition for the term 

‘‘Food’’ to read as follows: 

§ 772.1 Definitions of terms as used in the 

Export Administration Regulations (EAR). 

* * * * * 

Food. Specific to exports and 

reexports to North Korea, Syria and 

Crimea region of Ukraine, food means 

items that are consumed by and provide 

nutrition to humans and animals, and 

seeds, with the exception of castor bean 

seeds, that germinate into items that 

will be consumed by and provide 

nutrition to humans and animals. (Food 

does not include alcoholic beverages.) 

* * * * * 

Dated: January 23, 2015. 

Eric L. Hirschhorn, 

Under Secretary of Commerce for Industry 

and Security. 

[FR Doc. 2015–01638 Filed 1–28–15; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 141104925–4925–01] 

RIN 0694–AG35 

Revisions to the Unverified List (UVL) 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is amending the Export 

Administration Regulations (EAR) by 

adding fourteen (14) persons, removing 

one person, and updating the addresses 

of other persons listed on the Unverified 

List (the ‘‘Unverified List’’ or UVL). The 

14 persons are being added to the UVL 

on the basis that BIS could not verify 

their bona fides because an end-use 

check could not be completed 

satisfactorily for reasons outside the 

U.S. Government’s control. One person 

is removed from the UVL based on BIS’s 

ability to verify that person’s bona fides 

through the successful completion of an 

end-use check. Also, new addresses are 

added for two listed persons on the 

UVL. 

DATES: Effective date: This rule is 

effective: January 29, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Kurland, Director, Office of 

Enforcement Analysis, Bureau of 

Industry and Security, Department of 

Commerce, Phone: (202) 482–4255 or by 

email at UVLRequest@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Supplement No. 6 to Part 744 (‘‘the 

UVL’’) contains the names and 

addresses of foreign persons who are or 

have been parties to a transaction, as 

that term is described in § 748.5 of the 

EAR, involving the export, reexport, or 

transfer (in-country) of items subject to 

the EAR, and whose bona fides BIS has 

been unable to verify through an enduse check. BIS may add persons to the 

UVL when BIS or federal officials acting 

on BIS’s behalf have been unable to 

verify a foreign person’s bona fides (i.e., 

legitimacy and reliability relating to the 

end use and end user of items subject 

to the EAR) because an end-use check, 

such as a pre-license check (PLC) or a 

post-shipment verification (PSV), 

cannot be completed satisfactorily for 

such purposes for reasons outside the 

U.S. Government’s control. 

End-use checks cannot be completed 

for a number of reasons, including 

reasons unrelated to the cooperation of 

the foreign party subject to the end-use 

check. For example, BIS sometimes 

initiates end-use checks and cannot find 

a foreign party at the address indicated 

on export documents, and cannot locate 

the party by telephone or email. 

Additionally, BIS sometimes is unable 

to conduct end-use checks when host 

government agencies do not respond to 

requests to conduct end-use checks, are 

prevented from scheduling such checks 

by a party to the transaction other than 

the foreign party that is the proposed 

subject of the end-use check, or refuse 

to schedule them in a timely manner. 

Under these circumstances, although 

BIS has an interest in informing the 

public of its inability to verify the 

foreign party’s bona fides, there may not 

be sufficient information to add the 

foreign persons at issue to the Entity 

List under § 744.11 of the EAR (Criteria 

for revising the Entity List). In such 

circumstances, BIS may add the foreign 

persons to the UVL. 

Furthermore, BIS sometimes conducts 

end-use checks but cannot verify the 

bona fides of a foreign party. For 

example, BIS may be unable to verify 

bona fides if during the conduct of an 

end-use check a recipient of items 

subject to the EAR is unable to produce 

those items for visual inspection or 

provide sufficient documentation or 

other evidence to confirm the 

disposition of those items. The inability 

of foreign persons subject to end-use 

checks to demonstrate their bona fides 

raises concerns about the suitability of 

such persons as participants in future 


tkelley on DSK3SPTVN1PROD with RULES