[Federal Register Volume 74, Number 35 (Tuesday, February 24, 2009)]
[Rules and Regulations]
[Pages 8182-8184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3918]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 0812241647-9151-01]
RIN 0694-AE51


Removal and Modification of Certain Entries From the Entity List: 
Person Removed Based on Removal Request and Clarification of Certain 
Entries

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule amends the Export Administration Regulations (EAR) 
by removing a person from the Entity List (Supplement No. 4 to Part 
744). This person is being removed from the Entity List because the 
End-User Review Committee (ERC) decided to approve this person's 
request for removal from the Entity List.
    This rule also makes a clarification for two persons that were 
listed on the Entity List prior to this rule being published to revise 
the addresses provided for these listed persons. This rule updates the 
address information for these two persons by replacing incorrect 
information.
    The Entity List provides notice to the public that certain exports 
and reexports 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 24, 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-AE51, by any 
of the following methods:
E-mail: [email protected] Include ``RIN 0694-AE51'' 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-AE51.
    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 
[email protected], 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-
AE51)--all comments on the latter should be submitted by one of the 
three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, End-User Review 
Committee, Office of the Assistant Secretary, Export Administration, 
Bureau of Industry and Security, Department of Commerce, Phone: (202) 
482-3811, Fax: (202) 482-3911, E-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    In Supplement No. 4 to part 744 (The Entity List) of the EAR, this 
rule removes one person from the Entity List on the basis of Sec.  
744.16 (Procedure for requesting removal or modification of an Entity 
List Entity) of the EAR. In addition, as a clarification, this rule 
modifies the entries for two listed persons. The modifications to 
existing entries include revising the addresses for two listed persons 
in Malaysia that were listed on the Entity List prior to this rule 
being published.
    On August 21, 2008 (73 FR 49311), BIS published a final rule that 
expanded the Entity List by adding Sec.  744.11 (License Requirements 
that Apply to Entities Acting Contrary to the National Security or 
Foreign Policy Interests of the United States) to the EAR. Since the 
publication of that August 2008 rule, BIS has published two final rules 
that added persons to the Entity List on the basis of Sec.  744.11 of 
the EAR. The first rule that added persons to the Entity List on the 
basis of Sec.  744.11 of the EAR was published on September 22, 2008 
(73 FR 54499) and the second rule was published on December 5, 2008 (73 
FR 73999).
    In addition to adding Sec.  744.11, the August 2008 rule added 
Sec.  744.16 and Supplement No. 5 to part 744 to the EAR. Section 
744.16 established a formal procedure under the EAR whereby persons 
listed on the Entity List could submit to BIS in writing a formal 
request for removal or modification of their listing on the Entity 
List. The procedures for submitting these removal or modification 
requests were outlined in Sec.  744.16 and the review and decision

[[Page 8183]]

process for the requests was outlined in Supplement No. 5 to part 744.

ERC Entity List Decisions

    The ERC, composed of representatives of the Departments of 
Commerce, State, Defense, Energy and, where appropriate, the Treasury, 
makes all decisions regarding additions to, removals from or changes to 
the Entity List. The ERC is chaired by the Department of Commerce and 
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. As 
noted in the preamble of the August 2008 final rule and in Supplement 
No. 5 to part 744, the activities of the ERC include conducting an 
annual review of the Entity List to make a determination whether any 
removals or modifications should be made.
    Pursuant to Supplement No. 5 to Part 744, the ERC determined that 
the following Entity List entry should be removed, for the reasons 
provided below. This rule implements this decision. In total, this rule 
removes one (1) entry from the Entity List and modifies two (2) 
additional entries, as described below under Technical Update to Two 
Entities.

Removal Based Upon Sec.  744.16

    The person being removed with this rule submitted a formal removal 
request to BIS based upon the procedures outlined in Sec.  744.16 of 
the EAR. This one entity is located in Hong Kong:

Hong Kong

    (1) Britestone, 4/F, Chinabest International Centre, 8 Kwai On Rd, 
Kwai Chung, N.T., Hong Kong.
    As outlined in Supplement No. 5 to part 744, the ERC received and 
reviewed this removal request submitted by this listed entity. Based 
upon the review of the information provided in the removal request 
submitted to BIS, in accordance with Sec.  744.16 and further review 
that was conducted by the ERC's member agencies of this end-user, the 
ERC determined that this one person should be removed from the Entity 
List. The ERC decision to remove Britestone took into account 
Britestone's cooperation with the U.S. Government, as well as 
Britestone's assurances of future compliance with the EAR. In 
accordance with Sec.  744.16(c), the Deputy Assistant Secretary for 
Export Administration has sent written notification to this person 
informing them of the ERC's decision to remove them from the Entity 
List. This final rule implements the decision to remove this one Hong 
Kong person from the Entity List.

Reminder To Consider Other End-Use/End-User Controls

    The removal of this one person from the Entity List (from Hong 
Kong, as described above) eliminates the existing license requirement 
in Supplement No. 4 to part 744 for exports and reexports to this 
person. However, the removal of this person from the Entity List does 
not relieve persons of other obligations under part 744 of the EAR or 
under other parts of the EAR. Neither the removal of a person from the 
Entity List nor the removal of Entity List-based license requirements 
relieve persons of their obligations under General Prohibition 5 in 
Sec.  736.2(b)(5) of the EAR which provides that, ``you may not, 
without a license, knowingly export or reexport any item subject to the 
EAR to an end-user or end-use that is prohibited by part 744 of the 
EAR.'' Nor do such removals relieve persons of their obligation to 
apply for export or reexport licenses required by other provisions of 
the EAR. BIS strongly urges the use of Supplement No. 3 to part 732 of 
the EAR, ``BIS's 'Know Your Customer' Guidance and Red Flags,'' when 
persons are involved in transactions that are subject to the EAR.

Technical Update for Two Entities

    This rule revises the addresses of two persons that were listed on 
the Entity List under Malaysia prior to this rule being published to 
update the addresses provided for these listed persons. These updated 
addresses will better assist the public in identifying these listed 
persons. This rule revises the addresses in Malaysia for these two 
persons, respectively, as follows:

Malaysia

    (2) Antcorp System, 5-02 Wisma Pantai, Jalan Wisma Pantai 12200 
Butterworth, Penang, Malaysia; 27-G Lorong Kelasah 2, Tamen Kelasah 
13700 Seberang Jaya, Penang, Malaysia; and No. 9 Jalan 3/4C Desa 
Melawati 53100 Kuala Lumpur, Malaysia; and
    (3) Mohd Ansari, 5-02 Wisma Pantai, Jalan Wisma Pantai 12200 
Butterworth, Penang, Malaysia; 27-G Lorong Kelasah 2, Tamen Kelasah 
13700 Seberang Jaya, Penang Malaysia; and No. 9 Jalan 3/4C Desa 
Melawati 53100 Kuala Lumpur Malaysia.
    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 July 23, 2008, 
73 FR 43603 (July 23, 2008), 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,

[[Page 8184]]

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).

0
2. Supplement No. 4 to part 744 is amended:
    (a) By removing under Hong Kong, this one Hong Kong entity 
``Britestone, 4/F, Chinabest International Centre, 8 Kwai On Rd, Kwai 
Chung, N.T., Hong Kong''; and
    (b) By revising under Malaysia, in alphabetical order, two 
Malaysian entities, to read as follows:

                                    Supplement No. 4 to Part 744--Entity List
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                                                                                                     Federal
           Country                         Entity                  License       License review      Register
                                                                 requirement         policy          citation
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                                                  * * * * * * *
           Malaysia
 
                                                  * * * * * * *
                               Antcorp System, 5-02 Wisma      For all items    Presumption of   73 FR 54508. 9/
                                Pantai, Jalan Wisma Pantai      subject to the   denial.          22/08.
                                12200 Butterworth, Penang,      EAR. (See Sec.                   74 FR [INSERT
                                Malaysia; 27-G Lorong Kelasah     744.11 of                       FR PAGE
                                2, Tamen Kelasah 13700          the EAR).                         NUMBER]. 2/24/
                                Seberang Jaya, Penang,                                            2009.
                                Malaysia; and No. 9 Jalan 3/
                                4C Desa Melawati 53100 Kuala
                                Lumpur, Malaysia.
 
                                                  * * * * * * *
                               Mohd Ansari, 5-02 Wisma         For all items    Presumption of   73 FR 54508 9/
                                Pantai, Jalan Wisma Pantai      subject to the   denial.          22/08.
                                12200 Butterworth, Penang,      EAR. (See Sec.                   73 FR 74001 12/
                                Malaysia; 27-G Lorong Kelasah     744.11 of                       5/08.
                                2, Tamen Kelasah 13700          the EAR).                        74 FR [INSERT
                                Seberang Jaya, Penang                                             FR PAGE
                                Malaysia; and No. 9 Jalan 3/                                      NUMBER]. 2/24/
                                4C Desa Melawati 53100 Kuala                                      2009.
                                Lumpur Malaysia.
 
                                                  * * * * * * *
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    Dated: February 19, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
 [FR Doc. E9-3918 Filed 2-23-09; 8:45 am]
BILLING CODE 3510-33-P