```

[Federal Register: June 28, 2011 (Volume 76, Number 124)]
[Rules and Regulations]               
[Page 37632-37634]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn11-5]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 110128065-1135-01]
RIN 0694-AF12

 
Addition of Certain Persons on the Entity List: Addition of 
Persons Acting Contrary to the National Security or Foreign Policy 
Interests of the United States

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule amends the Export Administration Regulations (EAR) 
by adding eight persons to the Entity List (Supplement No. 4 to part 
744) on the basis of section 744.11 of the EAR. The 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 eight persons will be listed under the 
following three destinations on the Entity List: France, Iran and the 
United Arab Emirates (U.A.E.).
    The Entity List provides notice to the public that certain exports, 
reexports, and transfers (in-country) to parties identified on the 
Entity List require a license from the Bureau of Industry and Security 
(BIS) and that availability of license exceptions in such transactions 
is limited.

DATES: This rule is effective June 28, 2011.

FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, 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, E-mail: 
ERC@bis.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

    The Entity List provides notice to the public that certain exports, 
reexports, and transfers (in-country) to parties identified on the 
Entity List require a license from BIS, and that availability of 
license exceptions in such transactions is limited. Persons are placed 
on the Entity List on the basis of criteria set forth in certain 
sections of part 744 (Control Policy: End-User and End-Use Based) of 
the EAR.
    The End-User Review Committee (ERC), composed of representatives of 
the Departments of Commerce (Chair), State, Defense, Energy and, where 
appropriate, Treasury, makes all decisions regarding additions to, 
removals from, or changes 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

    The ERC made a determination to add eight persons to the Entity 
List on the basis of section 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 eight entries added to 
the Entity List consist of three new entries in France, three new 
entries in Iran, and two new entries in the U.A.E.
    The ERC reviewed the criteria for revising the Entity List (section 
744.11(b) of the EAR) in making the determination to add these persons 
to the Entity List. These criteria establish how to add to the Entity 
List those entities that, based on specific and articulable facts, 
there is reasonable cause to believe 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 entities 
(section 744.11 of the EAR). The persons being added to the Entity List 
under this rule have been determined by the ERC to be involved in 
activities that could be contrary to the national security or foreign 
policy interests of the United States. An illustrative list of such 
activities can be found in paragraphs (b)(1)-(b)(5) of section 744.11 
of the EAR.
    Pursuant to section 744.11, these eight persons are being added 
based on evidence that they have engaged in actions that could enhance 
the military capability of Iran, a country designated by the U.S. 
Secretary of State as having repeatedly provided support for acts of 
international terrorism. These persons are also being added because 
their overall conduct poses a risk of ongoing EAR violations.

Additions to the Entity List

    This rule implements the decision of the ERC to add eight persons 
to the Entity List on the basis of section 744.11 of the EAR. For all 
eight persons added to the Entity List, the ERC specified a license 
requirement for all items subject to the EAR and established a license 
application review policy of a presumption of denial. A BIS license is 
required to export, reexport or transfer (in-country) any item subject 
to the EAR to any of the persons described below, including any 
transaction in which any of the listed persons will act as purchaser, 
intermediate consignee, ultimate consignee, or end-user of the items. 
This listing of these persons also prohibits the use of license 
exceptions (see part 740 of the EAR) for exports, reexports and 
transfers (in-country) of items subject to the EAR involving such 
persons.
    Specifically, this rule adds the following eight persons to the 
Entity List:
France
    (1) Aerotechnic France SAS, 8 Rue de la Bruyere, 31120 Pinsaguel, 
France;
    (2) Luc Teuly, 8 Rue de la Bruyere, 31120 Pinsaguel, France; and
    (3) Philippe Sanchez, 8 Rue de la Bruyere, 31120 Pinsaguel, France.
Iran
    (1) Hassan Seifi, Unit 23, Eighth Floor, No. 193 West 
Sarve Boulevard Kaj Square, Saadat Abad, 19987-14434, Tehran, Iran;
    (2) Reza Seifi, Unit 23, Eighth Floor, No. 193 West Sarve 
Boulevard Kaj Square, Saadat Abad, 19987-14434, Tehran, Iran; and
    (3) Sabanican Company, (a.k.a., Sabanican Pad Co.), Unit 
23, Eighth Floor, No. 193 West Sarve Boulevard Kaj Square, 
Saadat Abad, 19987-14434, Tehran, Iran.
United Arab Emirates
    (1) Aletra General Trading, (a.k.a., Erman & Sultan Trading Co.), 
Sabkha Street, Shop No. 8, Dubai, U.A.E.; and
    (2) Syed Amir Ahmed Najfi, Sabkha Street, Shop No. 8, Dubai, U.A.E.

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

[[Page 37633]]

carrier to a port of export or reexport, on June 28, 2011, 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 July 13, 2011. Any such items 
not actually exported or reexported before midnight, on July 13, 2011, 
require a license in accordance with this rule.
    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 extended by the Notice of August 12, 
2010, 75 FR 50681 (August 16, 2010), has continued the EAR in effect 
under the International Emergency Economic Powers Act, 50 U.S.C. 1701, 
et seq.

Rulemaking Requirements

    1. This rule has been determined to be not 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 
a collection of information previously approved by the OMB under 
control number 0694-0088, ``Multi-Purpose Application,'' which carries 
a burden hour estimate of 58 minutes to prepare and submit form BIS-
748. Miscellaneous and recordkeeping activities account for 12 minutes 
per submission. Total burden hours associated with the PRA and OMB 
control number 0694-0088 are expected to increase slightly as a result 
of this rule. However, this increase is not significant enough to 
require an amendment to the previously approved information collection. 
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 
e-mail 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 participation, 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 prevent items from being exported, reexported or transferred (in 
country) to the persons being added to the Entity List. If this rule 
were delayed to allow for notice and comment and a delay in effective 
date, then entities being added to the Entity List by this action would 
continue to be able to receive items without a license and to conduct 
activities contrary to the national security or foreign policy 
interests of the United States. In addition, because these parties may 
receive notice of the U.S. Government's intention to place these 
entities on the Entity List once a final rule was published it would 
create an incentive for these persons to either accelerate receiving 
items subject to the EAR to conduct activities that are contrary to the 
national security or foreign policy interests of the United States and/
or to take steps to set up additional aliases, change addresses and 
take other steps to try to limit the impact of the listing on the 
Entity List once a final rule was published. 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.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15 
CFR parts 730-774) are amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 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; 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 August 12, 2010, 75 FR 50681 
(August 16, 2010); Notice of November 4, 2010, 75 FR 68673 (November 
8, 2010); Notice of January 13, 2011, 76 FR 3009 (January 18, 2011).

0
2. Supplement No. 4 to part 744 is amended:
0
(a) By adding, in alphabetical order, the destination of France under 
the Country column and three French entities;
0
(b) By adding under Iran, in alphabetical order, three Iranian 
entities; and
0
(c) By adding under the United Arab Emirates, in alphabetical order, 
two U.A.E. entities.
    The additions read as follows:

                                    Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
                                                            License         License review     Federal Register
             Country                    Entity            requirement           policy             citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
France..........................  Aerotechnic France  For all items       Presumption of      76 FR [INSERT FR
                                   SAS, 8 Rue de la    subject to the      denial.             PAGE NUMBER]
                                   Bruyere, 31120      EAR. (See Sec.                         June 28, 2011.
                                   Pinsaguel, France.  744.11 of the
                                                       EAR).
                                  Luc Teuly, 8 Rue    For all items       Presumption of      76 FR [INSERT FR
                                   de la Bruyere,      subject to the      denial.             PAGE NUMBER]
                                   31120 Pinsaguel,    EAR. (See Sec.                         June 28, 2011.
                                   France.             744.11 of the
                                                       EAR).
                                  Philippe Sanchez,   For all items       Presumption of      76 FR [INSERT FR
                                   8 Rue de la         subject to the      denial.             PAGE NUMBER]
                                   Bruyere, 31120      EAR. (See Sec.                         June 28, 2011.
                                   Pinsaguel, France.  744.11 of the
                                                       EAR).

[[Page 37634]]

                                                  * * * * * * *
Iran

                                                  * * * * * * *
                                  Hassan Seifi, Unit  For all items       Presumption of      76 FR [INSERT FR
                                   23,        subject to the      denial.             PAGE NUMBER]
                                   Eighth Floor, No.   EAR. (See Sec.                         June 28, 2011.
                                   193 West Sarve      744.11 of the
                                   Boulevard Kaj       EAR).
                                   Square, Saadat
                                   Abad, 19987-
                                   14434, Tehran,
                                   Iran.

                                                  * * * * * * *
                                  Reza Seifi, Unit    For all items       Presumption of      76 FR [INSERT FR
                                   23,        subject to the      denial.             PAGE NUMBER]
                                   Eighth Floor, No.   EAR. (See Sec.                         June 28, 2011.
                                   193 West Sarve      744.11 of the
                                   Boulevard Kaj       EAR).
                                   Square, Saadat
                                   Abad, 19987-
                                   14434, Tehran,
                                   Iran.

                                                  * * * * * * *
                                  Sabanican Company   For all items       Presumption of      76 FR [INSERT FR
                                   (a.k.a.,            subject to the      denial.             PAGE NUMBER]
                                   Sabanican Pad       EAR. (See Sec.                         June 28, 2011.
                                   Co.), Unit 23, Eighth        EAR).
                                   Floor, No. 193
                                   West Sarve
                                   Boulevard Kaj
                                   Square, Saadat
                                   Abad, 19987-
                                   14434, Tehran,
                                   Iran.

                                                  * * * * * * *
United Arab Emirates

                                                  * * * * * * *
                                  Aletra General      For all items       Presumption of      76 FR [INSERT FR
                                   Trading (a.k.a.,    subject to the      denial.             PAGE NUMBER]
                                   Erman & Sultan      EAR. (See Sec.                         June 28 2011,
                                   Trading Co.),       744.11 of the
                                   Sabkha Street,      EAR).
                                   Shop No. 8,
                                   Dubai, U.A.E.

                                                  * * * * * * *
                                  Syed Amir Ahmed     For all items       Presumption of      76 FR [INSERT FR
                                   Najfi, Sabkha       subject to the      denial.             PAGE NUMBER]
                                   Street, Shop No.    EAR. (See Sec.                         June 28, 2011.
                                   8, Dubai, U.A.E.    744.11 of the
                                                       EAR).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    Dated: June 21, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-16165 Filed 6-27-11; 8:45 am]
BILLING CODE 3510-33-P
```