[Federal Register Volume 69, Number 144 (Wednesday, July 28, 2004)]
[Notices]
[Pages 45008-45010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17186]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 0407 19210-4210-01]


Revisions to the Unverified List--Guidance as to ``Red Flags'' 
Under Supplement No. 3 to 15 CFR Part 732

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Notice.

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SUMMARY: On June 14, 2002, the Bureau of Industry and Security 
(``BIS'') published a notice in the Federal Register that set forth a 
list of persons in foreign countries who were parties to past export 
transactions where pre-license checks (``PLC'') or post-shipment 
verifications (``PSV``) could not be conducted for reasons outside the 
control of the U.S. Government (``Unverified List''). Additionally, on 
July 16, 2004, BIS published a notice in the Federal Register that 
advised exporters that the Unverified List would also include persons 
in foreign countries in transactions where BIS is not able to verify 
the existence or authenticity of the end-user, intermediate consignee, 
ultimate consignee, or other party to the transaction. These notices 
advised exporters that the involvement of a listed person as a party to 
a proposed transaction constitutes a ``red flag'' as described in the 
guidance set forth in Supplement No. 3 to 15 CFR Part 732, requiring 
heightened scrutiny by the exporter before proceeding with such a 
transaction. The notice also stated that, when warranted, BIS would 
remove persons from the Unverified List. This notice removes five 
entities from the Unverified List based upon recently conducted PSVs. 
The entities are: Shaanxi Telecom Measuring Station, 39 Jixiang Road, 
Yanta District Xian, Shaanxi, People's Republic of China; Yunma 
Aircraft Mfg., Yaopu Anshun, Guizhou, People's Republic of China; Civil 
Airport Construction Corporation, 111 Bei Sihuan Str. East, Chao Yang

[[Page 45009]]

District, Beijing, People's Republic of China; Huabei Petroleum 
Administration Bureau Logging Company, South Yanshan Road, Ren Qui 
City, Hebei, People's Republic of China; and Beijing San Zhong 
Electronic Equipment Engineer Co., Ltd., Hai Dian Fu Yuay, Men Hao 1 
Hao, Beijing, People's Republic of China.''

DATES: This notice is effective July 28, 2004.

FOR FURTHER INFORMATION CONTACT: Thomas W. Andrukonis, Office of 
Enforcement Analysis, Bureau of Industry and Security, Telephone: (202) 
482-4255.

SUPPLEMENTARY INFORMATION: In administering export controls under the 
Export Administration Regulations (15 CFR Parts 730 to 774) (``EAR''), 
BIS carries out a number of preventive enforcement activities with 
respect to individual export transactions. Such activities are intended 
to assess diversion risks, identify potential violations, verify end-
uses, and determine the suitability of end-users to receive U.S. 
commodities or technology. In carrying out these activities, BIS 
officials, or officials of other federal agencies acting on BIS's 
behalf, selectively conduct PLCs to verify the bona fides of the 
transaction and the suitability of the end-user or ultimate consignee. 
In addition, such officials sometimes carry out PSVs to ensure that 
U.S. exports have actually been delivered to the authorized end-user, 
are being used in a manner consistent with the terms of a license or 
license exception, and are otherwise consistent with the EAR.
    In a notice issued on June 14, 2002 (67 FR 40910), BIS set forth an 
Unverified List of certain foreign end-users and consignees involved in 
export transactions where BIS officials, or other federal officials 
acting on BIS's behalf, were unable to perform a PLC or PSV with 
respect to certain export transactions for reasons outside the control 
of the U.S. Government (including a lack of cooperation by the host 
government authority, the end-user, or the ultimate consignee). On July 
16, 2004, BIS published a notice in the Federal Register that advised 
exporters that the Unverified List would also include persons in 
foreign countries in transactions where BIS is not able to verify the 
existence or authenticity of the end-user, intermediate consignee, 
ultimate consignee, or other party to the transaction. The notices 
further stated that BIS may periodically remove names of persons from 
the list when warranted.
    BIS has now conducted PSVs in transactions involving the following 
five persons included on the Unverified List: Shaanxi Telecom Measuring 
Station, 39 Jixiang Road, Yanta District Xian, Shaanxi, People's 
Republic of China; Yunma Aircraft Mfg., Yaopu Anshun, Guizhou, People's 
Republic of China; Civil Airport Construction Corporation, 111 Bei 
Sihuan Str. East, Chao Yang District, Beijing, People's Republic of 
China; Huabei Petroleum Administration Bureau Logging Company, South 
Yanshan Road, Ren Qiu City, Hebei, People's Republic of China; and 
Beijing San Zhong Electronic Equipment Engineer Co., Ltd., Hai Dian Fu 
Yuay, Men Hao 1 Hao, Beijing, People's Republic of China. This notice 
advises exporters that Shaanxi Telecom Measuring Station, Yunma 
Aircraft Mfg., Civil Airport Construction Corporation, Huabei Petroleum 
Administration Bureau Logging Company, and Beijing San Zhong Electronic 
Equipment Engineer Co., Ltd., are removed from the Unverified List, and 
the ``red flags'' resulting from their inclusion on the Unverified List 
are rescinded.
    The Unverified List, as modified by this notice, is set forth 
below.

    Dated: July 21, 2004.
Julie Myers,
Assistant Secretary for Export Enforcement.

Unverified List (as of [Insert Date of Publication])

    The Unverified List includes names, countries, last known addresses 
of foreign persons involved in export transactions with respect to 
which: the Bureau of Industry and Security (``BIS'') could not conduct 
a pre-license check (``PLC'') or a post-shipment verification (``PSV'') 
for reasons outside of the U.S. Government's control, and/or BIS was 
not able to verify the existence or authenticity of the end-user, 
intermediate consignee, ultimate consignee or other party to an export 
transaction. Any transaction to which a listed person is a party will 
be deemed by BIS to raise a ``red flag'' with respect to such 
transaction within the meaning of the guidance set forth in Supplement 
No. 3 to 15 CFR Part 732. The red flag applies to the person on the 
Unverified List regardless of where the person is located in the 
country included on the list.

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                  Name                                Country                        Last known address
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Lucktrade International.................  Hong Kong Special                P.O. Box 91150, Tsim Sha Tsui, Hong
                                           Administrative Region.           Kong.
Brilliant Intervest.....................  Malaysia.......................  14-1, Persian 65C, Jalan Pahang
                                                                            Barat, Kuala Lumpur, 53000.
Dee Communications MSDN.BHD.............  Malaysia.......................  G5/G6, Ground Floor, Jin Gereja,
                                                                            Johor Bahru.
Peluang Teguh...........................  Singapore......................  203 Henderson Road 09-05H,
                                                                            Henderson Industrial Park,
                                                                            Singapore.
Lucktrade International PTE Ltd.........  Singapore......................  35 Tannery Road 01-07,
                                                                            Tannery Block, Ruby Industrial
                                                                            Complex, Singapore 347740.
Arrow Electronics Industries............  United Arab Emirates...........  204 Arbift Tower, Benyas Road, Dubai.

[[Page 45010]]

 
Jetpower Industrial Ltd.................  Hong Kong Special                Room 311, 3rd Floor, Wing On Plaza,
                                           Administrative Region.           62 Mody Road, Tsim Sha Tsui East,
                                                                            Kowloon.
Onion Enterprises Ltd...................  Hong Kong Special                Room 311, 3rd Floor, Wing On Plaza,
                                           Administrative Region.           62 Mody Road, Tsim Sha Tsui East,
                                                                            Kowloon.
Lucktrade International.................  Hong Kong Special                Room 311, 3rd Floor, Wing On Plaza,
                                           Administrative Region.           62 Mody Road, Tsim Sha Tsui East,
                                                                            Kowloon.
Litchfield Co. Ltd......................  Hong Kong Special                Room 311, 3rd Floor, Wing On Plaza,
                                           Administrative Region.           62 Mody Road, Tsim Sha Tsui East,
                                                                            Kowloon.
Sunford Trading Ltd.....................  Hong Kong Special                Unit 2208, 22/F, 118 Connaught Road
                                           Administrative Region.           West.
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[FR Doc. 04-17186 Filed 7-27-04; 8:45 am]
BILLING CODE 3510-33-M