770 Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Rules and Regulations 

Issued in Fort Worth, TX, on December 19, 

2008. 

Donald R. Smith, 

Manager, Operations Support Group, Central 

Service Center. 

[FR Doc. E8–31441 Filed 1–7–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 080717847–81643–01] 

RIN 0694–AE35 

Burma: Revision of Restrictions on 

Exports, Reexports and Transfers to 

Persons Whose Property and Interests 

in Property Are Blocked Pursuant to 

Executive Orders 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: In response to the 

Government of Burma’s continued 

repression of the democratic opposition 

in Burma, and consistent with Executive 

Order 13047 of May 20, 1997, Executive 

Order 13310 of July 28, 2003, Executive 

Order 13448 of October 18, 2007, and 

the Trade Sanctions Reform and Export 

Enhancement Act (Title IX of Pub. L. 

106–387), the Bureau of Industry and 

Security (BIS) previously amended the 

Export Administration Regulations 

(EAR) on October 24, 2007 to impose a 

license requirement for most exports, 

reexports, or transfers of items subject to 

the EAR to persons whose property and 

interests in property are blocked 

pursuant to those Executive Orders. In 

light of the Government of Burma’s 

continued repression of the democratic 

opposition in Burma and unwillingness 

to respond to the calls of the Burmese 

people for genuine dialogue that will 

lead to a democratic transition in 

Burma, this final rule amends the EAR 

to extend these existing licensing 

requirements to persons whose property 

and interests in property are blocked 

pursuant to Executive Order 13464 of 

April 30, 2008. 

DATES: Effective Date: This rule is 

effective January 8, 2009. 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–AE35 (Burma 

II), by any of the following methods: 

E-mail: publiccomments@bis.doc.gov. 

Include ‘‘RIN 0694–AE 35 (Burma II)’’ 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: Sheila 

Quarterman, 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–AE35 (Burma II). 

Send comments regarding the 

collection of information associated 

with this rule, including suggestions for 

reducing the burden, to Jasmeet Seehra, 

Office of Management and Budget 

(OMB), by e-mail to 

jseehra@omb.eop.gov, or by fax to (202) 

395–7285; and to the U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

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–AE35 (Burma II))— 

all comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Susan Kramer, Foreign Policy Division, 

Office of Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, Department of Commerce, 

14th St. & Pennsylvania Avenue, NW., 

Room 2705,Washington, DC 20230; 

Telephone: (202) 482–4252, or E-mail: 

skramer@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In response to the Government of 

Burma’s repression of the democratic 

opposition in Burma, the President has 

issued a series of Executive Orders 

imposing economic sanctions on the 

Burmese regime. In 1997, pursuant to 

Executive Order 13047 (May 20, 1997) 

and other relevant authorities, the U.S. 

imposed a ban on new investments in 

Burma by U.S. persons. In 2003, 

pursuant to Executive Order 13310 (July 

28, 2003) and other relevant authorities, 

the U.S. imposed additional economic 

sanctions, including a ban on all 

imports from Burma, a ban on the 

export of financial services by U.S. 

persons to Burma, and the freezing of 

assets of designated Burmese persons 

listed in the Annex or subsequently 

designated according to the criteria of 

the Executive Order. The sanctions are 

primarily administered by the 

Department of the Treasury’s Office of 

Foreign Assets Control (OFAC). 

In 2007, the President further 

expanded the sanctions by issuing 

Executive Order 13448 (October 18, 

2007), which listed certain additional 

persons in its Annex and set forth 

additional criteria for blocking the 

property and interests in property of 

additional persons. Consistent with 

Executive Orders 13310 and 13448, and 

the Trade Sanctions Reform and Export 

Enhancement Act (Title IX of Pub. L. 

106–387), BIS issued a final rule, 

published in the Federal Register on 

October 24, 2007 (72 FR 60248, October 

24, 2007), amending the EAR to impose 

a license requirement for exports, 

reexports or transfers of items subject to 

the EAR, except agricultural 

commodities, medicine, or medical 

devices classified as EAR99, to persons 

listed in or designated pursuant to 

Executive Orders 13310 or 13448. The 

2007 BIS rule created section 744.22 of 

the EAR to set forth this licensing 

requirement. 

Further, in part 740 of the EAR 

(License Exceptions), that rule moved 

Burma from Computer Tier 1 to 

Computer Tier 3, restricting access to 

high-performance computers and 

certain related technology and software 

under License Exception APP (Section 

740.7). In Supplement No. 1 to part 740 

(Country Groups), that rule moved 

Burma from Country Group B (countries 

raising few national security concerns) 

to Country Group D:1 (countries raising 

national security concerns), which 

further limits the number of license 

exceptions available for exports to 

Burma. Burma remained in Country 

Group D:3 (countries raising 

proliferation concerns related to 

chemical and biological weapons). 

In this final rule, BIS further amends 

the EAR to expand the existing licensing 

requirements in section 744.22 of the 

EAR to include persons whose property 

and interests in property are blocked 

pursuant to Executive Order 13464 of 

April 30, 2008 (73 FR 24489, May 2, 

2008). The Annex to Executive Order 

13464 designates certain persons subject 

to this prohibition, and provides criteria 

for additional designations. Additional 

designations were announced by the 

Department of the Treasury on July 29, 

2008 (73 FR 45270 and 73 FR 45271, 

both of August 4, 2008). As set forth in 

section 744.22 of the EAR, exports, 

reexports or transfers of items subject to 

the EAR, except agricultural 

commodities, medicine, or medical 

devices classified as EAR99, to any 

person whose property and interests in 

property are blocked pursuant to 

Executive Orders 13310, 13448 or 

13464, require a license under the EAR. 

The licensing requirements set forth 

in section 744.22 of the EAR are 

applicable to all persons whose property 


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Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Rules and Regulations 771 

and interests in property are blocked 

pursuant to Executive Orders 13310, 

13448, or 13464. This includes persons 

listed in or designated pursuant to 

Executive Orders 13310, 13448, or 

13464. Such persons are identified with 

the reference [BURMA] on OFAC’s list 

of Specially Designated Nationals and 

Blocked Persons set forth in Appendix 

A to 31 CFR Chapter V and on OFAC’s 

Web site at http://www.treas.gov/OFAC. 

Consistent with guidance issued by 

OFAC on February 14, 2008, a person 

whose property and interests in 

property are blocked pursuant to an 

Executive order or regulations 

administered by OFAC is considered to 

have an interest in all property and 

interests in property of an entity in 

which it owns, directly or indirectly, a 

50% or greater interest. The property 

and interests in property of such an 

entity are blocked, and licensing 

requirements in section 744.22 of the 

EAR apply to the entity, regardless of 

whether the entity itself is listed in the 

annex to an Executive order or 

otherwise designated pursuant to such 

order. The OFAC guidance on this topic 

is available at http://www.treas.gov/ 

offices/enforcement/ofac/programs/ 

common/licensing_guidance.pdf. 

Exporters should contact OFAC directly 

if you have questions about how to 

determine interest in property for 

purposes of complying with this final 

rule. 

As was previously the case, in order 

to avoid duplication, U.S. persons are 

not required to seek separate BIS 

authorization for an export, reexport, or 

transfer to a person identified in section 

744.22 of any item subject to both the 

EAR and regulations maintained by 

OFAC. Therefore, if OFAC authorizes an 

export from the United States or an 

export, reexport, or transfer by a U.S. 

person to a person identified in section 

744.22, no separate authorization from 

BIS is necessary. 

Consistent with the provisions of 

section 6 of the Export Administration 

Act of 1979, as amended (EAA), a 

foreign policy report was submitted to 

Congress on January 2, 2009, notifying 

Congress of the imposition of foreign 

policy-based licensing requirements 

reflected in this rule. 

Although the EAA expired on August 

20, 2001, the President, through 

Executive Order 13222 of August 17, 

2001, 3 CFR, 2001 Comp., p. 783 (2002), 

which has been extended by successive 

Presidential Notices, the most recent 

being that of July 23, 2008 (73 FR 43603 

(July 23, 2008)), has continued the EAR 

in effect under the International 

Emergency Economic Powers Act. 

Saving Clause 

Shipments of items removed from 

eligibility for export or reexport under a 

license exception or without a license 

(i.e., under the designator ‘‘NLR’’) as a 

result of this regulatory action that were 

on dock for loading, on lighter, laden 

aboard an exporting carrier, or en route 

aboard a carrier to a port of export, on 

February 9, 2009, pursuant to actual 

orders for export or reexport to a foreign 

destination, may proceed to that 

destination under the previously 

applicable license exception or without 

a license (NLR) so long as they are 

exported or reexported before February 

23, 2009. Any such items not actually 

exported or reexported before midnight, 

on February 23, 2009, require a license 

in accordance with this regulation. 

Rulemaking Requirements 

1. This final rule has been determined 

to be not significant for purposes of E.O. 

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 

subject to the PRA. The collection has 

been approved by OMB under control 

number 0694–0088, ‘‘Multi-Purpose 

Application,’’ and carries a burden hour 

estimate of 58 minutes for a manual or 

electronic submission. Send comments 

regarding these burden estimates or any 

other aspect of these collections of 

information, including suggestions for 

reducing the burden, to Jasmeet Seehra, 

Office of Management and Budget 

(OMB), and to the Regulatory Policy 

Division, Bureau of Industry and 

Security as indicated in the ADDRESSES

section of this rule. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 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 and 

foreign affairs function of the United 

States (5 U.S.C. 553(a)(1)). Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

the Administrative Procedure Act or by 

any other law, the analytical 

requirements of the Regulatory 

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

not applicable. Therefore, this 

regulation is issued in final form. 

Although there is no formal comment 

period, public comments on this 

regulation are welcome on a continuing 

basis. Comments should be submitted to 

Sheila Quarterman, Regulatory Policy 

Division, Office of Exporter Services, 

Bureau of Industry and Security, 

Department of Commerce, 14th St. & 

Pennsylvania Avenue, NW., Room 2705, 

Washington, DC 20230. 

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) is amended as follows: 

PART 744—[AMENDED] 

■ 1. The authority citation for 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 July 23, 2008, 73 FR 43603 

(July 25, 2008); Notice of November 10, 2008, 

73 FR 67097 (November 12, 2008). 

■ 2. Section 744.22 is revised to read as 

follows: 

§ 744.22 Restrictions on Exports, 

Reexports and Transfers to Persons Whose 

Property and Interests In Property Are 

Blocked Pursuant to Executive Orders 

13310, 13448 or 13464. 

Consistent with Executive Order 

13310 of July 28, 2003, Executive Order 

13448 of October 18, 2007 and 

Executive Order 13464 of April 30, 

2008, BIS maintains restrictions on 

exports, reexports, and transfers to 

persons whose property and interests in 

property are blocked pursuant to 

Executive Orders 13310, 13448 or 

13464. These persons include 

individuals and entities listed in the 

Annexes to Executive Orders 13310, 

13448 and 13464, as well as other 

persons whose property and interests in 

property are blocked pursuant to those 

orders. 

(a) License Requirements. (1) A 

license requirement applies to the 

export, reexport, or transfer of any item 


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772 Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Rules and Regulations 

subject to the EAR (except for 

agricultural commodities, medicine, or 

medical devices, classified as EAR99 

and destined for entities whose property 

and interests in property are blocked 

pursuant to Executive Orders 13310, 

13448 or 13464) to— 

(i) Persons listed in the Annexes to 

Executive Order 13310 of July 28, 2003, 

Executive Order 13448 of October 18, 

2007 or Executive Order 13464 of April 

30, 2008; or 

(ii) Persons designated pursuant to 

Executive Order 13310, Executive Order 

13448 or Executive Order 13464. 

Note to paragraph (a)(1): All persons listed 

in or designated pursuant to Executive 

Orders 13310, 13448, or 13464 are identified 

with the reference [BURMA] on OFAC’s list 

of Specially Designated Nationals and 

Blocked Persons set forth in Appendix A to 

31 CFR Chapter V and on OFAC’s Web site 

at http://www.treas.gov/OFAC. Consistent 

with guidance issued by OFAC on February 

14, 2008, a person whose property and 

interests in property are blocked pursuant to 

an Executive Order or regulations 

administered by OFAC is considered to have 

an interest in all property and interests in 

property of an entity in which it owns, 

directly or indirectly, a 50% or greater 

interest. The property and interests in 

property of such an entity are blocked, 

regardless of whether the entity itself is listed 

in the annex to an Executive order or 

otherwise designated pursuant to such order. 

The OFAC guidance on this topic is available 

at http://www.treas.gov/offices/enforcement/ 

ofac/programs/common/ 

licensing_guidance.pdf. 

(2) To avoid duplication, U.S. persons 

are not required to seek separate BIS 

authorization for an export, reexport, or 

transfer to a person identified in 

paragraph (a) of this section of any item 

subject to both the EAR and regulations 

maintained by OFAC. Therefore, if 

OFAC authorizes an export from the 

United States or an export, reexport, or 

transfer by a U.S. person to a person 

identified in paragraph (a) of this 

section, no separate authorization from 

BIS is necessary. 

(3) U.S. persons must seek 

authorization from BIS for the export, 

reexport, or transfer to a person 

identified in paragraph (a) of this 

section of any item subject to the EAR 

(except for agricultural commodities, 

medicine, or medical devices, classified 

as EAR99 and destined for entities 

whose property and interests in 

property are blocked pursuant to 

Executive Orders 13310, 13448 or 

13464) but not subject to regulations 

maintained by OFAC. 

(4) Non-U.S. persons must seek 

authorization from BIS for the export 

from abroad, reexport, or transfer to a 

person identified in paragraph (a) of this 

section of any item subject to the EAR 

(except for agricultural commodities, 

medicine, or medical devices, classified 

as EAR99 and destined for entities 

whose property and interests in 

property are blocked pursuant to 

Executive Orders 13310, 13448 or 

13464). 

(5) Any export, reexport, or transfer to 

a person identified in paragraph (a) of 

this section by a U.S. person of any item 

subject both to the EAR and regulations 

maintained by OFAC and not 

authorized by OFAC is a violation of the 

EAR. 

(6) Any export, reexport, or transfer 

by a U.S. person to a person identified 

in paragraph (a) of this section of any 

item subject to the EAR (except for 

agricultural commodities, medicine, or 

medical devices, classified as EAR99 

and destined for entities whose property 

and interests in property are blocked 

pursuant to Executive Orders 13310, 

13448 or 13464) that is not subject to 

regulations maintained by OFAC and 

not authorized by BIS is a violation of 

the EAR. Any export from abroad, 

reexport, or transfer by a non-U.S. 

person to a person identified in 

paragraph (a) of this section of any item 

subject to the EAR (except for 

agricultural commodities, medicine, or 

medical devices, classified as EAR99 

and destined for entities whose property 

and interests in property are blocked 

pursuant to Executive Orders 13310, 

13448 or 13464) and not authorized by 

BIS is a violation of the EAR. 

(7) These licensing requirements 

supplement any other requirements set 

forth elsewhere in the EAR. 

(b) Exceptions. No License Exceptions 

or other BIS authorizations are available 

for export, reexport, or transfer to a 

person identified in paragraph (a) of this 

section of any item subject to the EAR 

(except for agricultural commodities, 

medicine, or medical devices, classified 

as EAR99 and destined for entities 

whose property and interests in 

property are blocked pursuant to 

Executive Orders 13310, 13448 or 

13464). 

(c) Licensing policy. Applications for 

licenses for the export, reexport, or 

transfer to a person identified in 

paragraph (a) of this section of any item 

subject to the EAR (except for 

agricultural commodities, medicine, or 

medical devices, classified as EAR99 

and destined for entities whose property 

and interests in property are blocked 

pursuant to Executive Orders 13310, 

13448 or 13464) will generally be 

denied. You should consult with OFAC 

concerning transactions subject to 

OFAC licensing requirements. 

(d) Contract sanctity. Contract 

sanctity provisions are not available for 

license applications reviewed under this 

section, except as available under 31 

CFR 537.210(c). 

Dated: January 2, 2009. 

Christopher R. Wall, 

Assistant Secretary for Export 

Administration. 

[FR Doc. E9–127 Filed 1–7–09; 8:45 am] 

BILLING CODE 3510–33–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4044 

Allocation of Assets in SingleEmployer Plans; Interest Assumptions 

for Valuing Benefits; Correction 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Correcting amendment. 

SUMMARY: The Pension Benefit Guaranty 

Corporation published in the Federal 

Register of December 29, 2008, a final 

rule amending its regulation on 

Allocation of Assets in Single-Employer 

Plans to adopt interest assumptions for 

plans with valuation dates in the first 

quarter of 2009. This document corrects 

inadvertent errors in that final rule. 

DATES: Effective January 8, 2009. 

Applicability date: January 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Attorney, Legislative 

and Regulatory Department, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005, 

202–326–4024. (TTY/TDD users may 

call the Federal relay service toll-free at 

1–800–877–8339 and ask to be 

connected to 202–326–4024.) 

SUPPLEMENTARY INFORMATION: The 

Pension Benefit Guaranty Corporation 

published a document in the December 

29, 2008, Federal Register (73 FR 

79362), amending its regulation on 

Allocation of Assets in Single-Employer 

Plans (29 CFR part 4044) to adopt 

interest assumptions for plans with 

valuation dates in the first quarter of 

2009. This document corrects 

inadvertent errors in the January, 

February, and March 2009 entries to 

Appendix B to part 4044. (There were 

no corresponding errors in the preamble 

to the document.) 

List of Subjects in 29 CFR Part 4044 

Employee benefit plans, Pension 

insurance, Pensions. 

■ Accordingly 29 CFR part 4044 is 

corrected by making the following 

correcting amendments: 


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