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[Federal Register: February 19, 2010 (Volume 75, Number 33)]
[Rules and Regulations]               
[Page 7358-7361]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe10-4]                         


[[Page 7358]]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 100115025-0032-01]
RIN 0694-AE84

 
Addition of Certain Persons to 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.

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SUMMARY: This rule amends the Export Administration Regulations (EAR) 
by adding ten additional persons located in Hong Kong and Taiwan to the 
Entity List (Supplement No. 4 to Part 744) on the basis of Section 
744.11 of the EAR. These persons that 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.
    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: Effective Date: This rule is effective February 19, 2010. 
Although there is no formal comment period, public comments on this 
regulation are welcome on a continuing basis.

ADDRESSES: You may submit comments, identified by RIN 0694-AE84, by any 
of the following methods:
    E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-AE84'' in 
the subject line of the message.
    Fax: (202) 482-3355. Please alert the Regulatory Policy Division, 
by calling (202) 482-2440, if you are faxing comments.
    Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of 
Commerce, Bureau of Industry and Security, Regulatory Policy Division, 
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, 
Attn: RIN 0694-AE84. 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; and to the Regulatory Policy Division, Bureau of 
Industry and Security, Department of Commerce, 14th St. & Pennsylvania 
Avenue, NW., Room 2705, Washington, DC 20230. Comments on this 
collection of information should be submitted separately from comments 
on the final rule (i.e. RIN 0694-AE84)--all comments on the latter 
should be submitted by one of the three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Elizabeth Scott Sangine, Acting 
Chairman, End-User Review Committee, Office of the Assistant Secretary, 
Export Administration, Bureau of Industry and Security, Department of 
Commerce, Phone: (202) 482-3343, Fax: (202) 482-3911, e-mail: 
bscott@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 the Bureau of Industry and Security 
(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, the 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 ten persons to the Entity List 
on the basis of Sec.  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 ten entries added to 
the Entity List consist of six persons in Hong Kong and four persons in 
Taiwan.
    The ERC reviewed Sec.  744.11(b) (Criteria for revising the Entity 
List) in making the determination to add these persons to the Entity 
List. Under that paragraph, entities for which there is reasonable 
cause to believe, based on specific and articulable facts, that 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 may be added to the Entity List 
pursuant to Sec.  744.11. Paragraphs (b)(1)-(b)(5) include an 
illustrative list of activities that could be contrary to the national 
security or foreign policy interests of the United States. 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.

Additions to the Entity List

    This rule implements the decision of the ERC to add ten persons to 
the Entity List on the basis of Sec.  744.11 of the EAR. For all of the 
ten persons added to the Entity List, the ERC specifies a license 
requirement for all items subject to the EAR and establishes a license 
application review policy of a presumption of denial. The license 
requirement applies to any transaction in which items are to be 
exported, reexported or transferred (in-country) to such persons or in 
which such persons act as purchaser, intermediate consignee, ultimate 
consignee, or end-user. In addition, no license exceptions are 
available for shipments to those persons being added to the Entity 
List.
    Specifically, this rule adds the following ten persons to the 
Entity List:

Hong Kong

    (1) ACTeam Logistics Ltd., Unit B1-B3, 21/F, Block B, Kong Nam 
Industrial Building, 603-609 Castle Peak Road, Tsuen Wan, N.T., Hong 
Kong;
    (2) Dick Kuo, Room 9-11, 5/F, Block B, Hoplite Industrial Centre, 
3-5 Wang Tai Road, Kowloon, Hong Kong;
    (3) Dick Leung, GF Seapower Industrial Building 177, Hoi Bun Road, 
Kowloon, Hong Kong;
    (4) Joe Shih, Room 9-11, 5/F, Block B, Hoplite Industrial Centre, 
3-5 Wang Tai Road, Kowloon, Hong Kong;
    (5) Signet Express Co., Ltd., Room 9-11, 5/F, Block B, Hoplite 
Industrial Centre, 3-5 Wang Tai Road, Kowloon, Hong Kong; and
    (6) Tex-Co Logistics Ltd., GF Seapower Industrial Building 177, Hoi 
Bun Road, Kowloon, Hong Kong, and Room 2202, 22F, Causeway Bay Plaza 1, 
489 Hennessey Road, Causeway Bay, Hong Kong, and Room B03, 6/F, Cheong 
Wah Factory Building, 39-41 Sheung Heung Road, Tokwawan, Kowloon, Hong 
Kong.

Taiwan

    (1) Christine Sun, 7th Floor, Number 17, Zhonghua Rd., Sec 2, 
Xinzhuang City, Taipei, Taiwan;
    (2) In-Tech Company, a.k.a., In-Tech Telecom, Number 15, Lane 347,

[[Page 7359]]

Jhongjheng Road, Sinjihuang City, Taipei, Taiwan, and 7th Floor, Number 
17, Zhonghua Rd., Sec 2, Xinzhuang City, Taipei, Taiwan;
    (3) Landstar Tech Company Ltd., 13/F, Number 181, Sec 1, Datong 
Rd., Sijhih City, Taipei, Taiwan; and
    (4) Yi-Lan Chen, a.k.a., Kevin Chen, 13/F, Number 181, Sec 1, 
Datong Rd., Sijhih City, Taipei, Taiwan, and 7th Floor, Number 17, 
Zhonghua Rd., Sec 2, Xinzhuang City, Taipei, Taiwan.
    A BIS license is required for the export, reexport or transfer (in-
country) of any item subject to the EAR to any of the persons listed 
above, 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.

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 February 19, 2010, 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 March 22, 2010. Any such 
items not actually exported or reexported before midnight, on March 22, 
2010, 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 13, 
2009, 74 FR 41325 (August 14, 2009), has continued the Export 
Administration Regulations in effect under the International Emergency 
Economic Powers Act.

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 
collections previously approved by the OMB under control numbers 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 Paperwork Reduction 
Act and Office and Management and Budget control number 0694-0088 are 
expected to increase slightly as a result of this rule.
    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)). 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.

0
Accordingly, part 744 of the Export Administration Regulations (15 CFR 
parts 730-774) is 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 13, 2009, 74 FR 41325 
(August 14, 2009); Notice of November 6, 2009, 74 FR 58187 (November 
10, 2009).


0
2. Supplement No. 4 to part 744 is amended:
0
a. By adding under Hong Kong, in alphabetical order, six Hong Kong 
entities; and
0
b. By adding, in alphabetical order, the destination of Taiwan under 
the Country column and four Taiwanese entities;
    The additions read as follows:

Supplement No. 4 to Part 744--Entity List

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                                                                         License review       Federal Register
        Country                 Entity          License requirement          policy               citation
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                                                  * * * * * * *
HONG KONG

                                                  * * * * * * *
                        ACTeam Logistics       For all items subject  Presumption of        75 FR [INSERT FR
                         Ltd., Unit B1-B3, 21/  to the EAR. (See       denial.               PAGE NUMBER], 2/19/
                         F, Block B, Kong Nam   Sec.   744.11 of the                         10.
                         Industrial Building,   EAR).
                         603-609 Castle Peak
                         Road, Tsuen Wan,
                         N.T., Hong Kong.


[[Page 7360]]


                                                  * * * * * * *
                        Dick Kuo, Room 9-11,   For all items subject  Presumption of        75 [INSERT FR PAGE
                         5/F, Block B,          to the EAR. (See       denial.               NUMBER], 2/19/10.
                         Hoplite Industrial     Sec.   744.11 of the
                         Centre, 3-5 Wang Tai   EAR).
                         Road, Kowloon, Hong
                         Kong.
                        Dick Leung, GF         For all items subject  Presumption of        75 FR [INSERT FR
                         Seapower Industrial    to the EAR. (See       denial.               PAGE NUMBER], 2/19/
                         Building 177, Hoi      Sec.   744.11 of the                         10.
                         Bun Road, Kowloon,     EAR).
                         Hong Kong.

                                                  * * * * * * *
                        Joe Shih, Room 9-11,   For all items subject  Presumption of        75 FR [INSERT FR
                         5/F, Block B,          to the EAR. (See       denial.               PAGE NUMBER], 2/19/
                         Hoplite Industrial     Sec.   744.11 of the                         10.
                         Centre, 3-5 Wang Tai   EAR).
                         Road, Kowloon, Hong
                         Kong.

                                                  * * * * * * *
                        Signet Express Co.,    For all items subject  Presumption of        75 FR [INSERT FR
                         Ltd., Room 9-11, 5/    to the EAR. (See       denial.               PAGE NUMBER], 2/19/
                         F, Block B, Hoplite    Sec.   744.11 of the                         10.
                         Industrial Centre, 3-  EAR).
                         5 Wang Tai Road,
                         Kowloon, Hong Kong.

                                                  * * * * * * *
                        Tex-Co Logistics       For all items subject  Presumption of        75 FR [INSERT FR
                         Ltd., GF Seapower      to the EAR. (See       denial.               PAGE NUMBER], 2/19/
                         Industrial Building    Sec.   744.11 of the                         10.
                         177, Hoi Bun Road,     EAR).
                         Kowloon, Hong Kong,
                         and Room 2202, 22F,
                         Causeway Bay Plaza
                         1, 489 Hennessey
                         Road, Causeway Bay,
                         Hong Kong, and Room
                         B03, 6/F, Cheong Wah
                         Factory Building, 39-
                         41 Sheung Heung
                         Road, Tokwawan,
                         Kowloon, Hong Kong.

                                                  * * * * * * *
TAIWAN................  Christine Sun, 7th     For all items subject  Presumption of        75 FR [INSERT FR
                         Floor, Number 17,      to the EAR. (See       denial.               PAGE NUMBER], 2/19/
                         Zhonghua Rd., Sec 2,   Sec.   744.11 of the                         10.
                         Xinzhuang City,        EAR).
                         Taipei, Taiwan.
                        In-Tech Company,       For all items subject  Presumption of        75 FR [INSERT FR
                         a.k.a., In-Tech        to the EAR. (See       denial.               PAGE NUMBER], 2/19/
                         Telecom, Number 15,    Sec.   744.11 of the                         10.
                         Lane 347, Jhongjheng   EAR).
                         Road, Sinjihuang
                         City, Taipei,
                         Taiwan, and 7th
                         Floor, Number 17,
                         Zhonghua Rd., Sec 2,
                         Xinzhuang City,
                         Taipei, Taiwan.
                        Landstar Tech Company  For all items subject  Presumption of        75 FR [INSERT FR
                         Ltd., 13/F, Number     to the EAR. (See       denial.               PAGE NUMBER], 2/19/
                         181, Sec 1, Datong     Sec.   744.11 of the                         10.
                         Rd., Sijhih City,      EAR).
                         Taipei, Taiwan.
                        Yi-Lan Chen, a.k.a.,   For all items subject  Presumption of        75 FR [INSERT FR
                         Kevin Chen, 13/F,      to the EAR. (See       denial.               PAGE NUMBER], 2/19/
                         Number 181, Sec 1,     Sec.   744.11 of the                         10.
                         Datong Rd., Sijhih     EAR).
                         City, Taipei,
                         Taiwan, and 7th
                         Floor, Number 17,
                         Zhonghua Rd., Sec 2,
                         Xinzhuang City,
                         Taipei, Taiwan.

                                                  * * * * * * *
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[[Page 7361]]

    Dated: February 3, 2010.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2010-3278 Filed 2-18-10; 8:45 am]
BILLING CODE 3510-33-P
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