[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Rules and Regulations]
[Pages 68146-68147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30480]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 0910231375-91388-01]
RIN 0694-AE75


Removal of Entry From the Entity List: Person Removed Based on 
Removal Request

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 one 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. 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 December 23, 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-AE75, by any 
of the following methods: E-mail: [email protected]. Include 
``RIN 0694-AE75'' 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-AE75.
    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-
AE75)--all comments on the latter should be submitted by one of the 
three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Elizabeth Scott Sangine, 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: 
[email protected].

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 
certain sections of part 744 (Control Policy: End-User and End-Use 
Based) of the EAR. BIS first published the Entity List in February 1997 
as part of its efforts to inform the public of entities that have 
engaged in activities that could result in an increased risk of 
diversion of exported and reexported items to weapons of mass 
destruction (WMD) programs. Since its initial publication, grounds for 
identification on the Entity List have expanded to include activities 
sanctioned by the Department of State and activities contrary to U.S. 
national security and/or foreign policy interests.

ERC Entity List Decisions

    Pursuant to Supplement No. 5 to part 744 (Procedures for End-User 
Review Committee Entity List Decisions) of the EAR, the ERC, composed 
of representatives of the Departments of Commerce (Chair), State, 
Defense, Energy and, where appropriate, the Treasury, makes all 
decisions to make additions to, removals from or changes

[[Page 68147]]

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.
    The ERC made a determination to remove Neda Kargar, located in the 
United Arab Emirates, as a result of her request for removal from the 
listed entity. Based upon the review of the information provided in the 
removal request in accordance with Sec.  744.16 (Procedure for 
Requesting Removal or Modification of an Entity List Entity), and 
further review that was conducted by the ERC's member agencies, the ERC 
determined that Neda Kargar should be removed from the Entity List. The 
ERC decision to remove Neda Kargar took into account information 
indicating that she did not work at the location listed in her entry on 
the Entity List, her cooperation with the U.S. Government, and as her 
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 Neda Kargar informing her of the ERC's 
decision to remove her from the Entity List. This final rule implements 
the decision to remove this U.A.E. person from the Entity List.

Removal From the Entity List

    One person is being removed under this rule as a result of the 
submission of a formal request for removal based upon the procedures 
outlined in Sec.  744.16 of the EAR. This entity is located in the 
United Arab Emirates:

United Arab Emirates

    (1) Neda Kargar, No. 308, 3rd Floor, Rafi Center, Al Nakheel, 
Deira, Dubai, U.A.E.
    The removal of Neda Kargar from the Entity List (from the U.A.E., 
as described above) eliminates the existing license requirement in 
Supplement No. 4 to part 744 for exports, reexports and transfers (in-
country) to this person. However, the removal of Neda Kargar 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 relieves 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, reexport or in-country 
transfer 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.
    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 decrease 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 10, 2008, 73 FR 67097 
(November 12, 2008).

Supplement No. 4 to Part 744 [Amended]

0
2. Supplement No. 4 to part 744 is amended by removing under the United 
Arab Emirates, this one U.A.E. entity ``Neda Kargar, No. 308, 3rd 
Floor, Rafi Center, Al Nakheel, Deira, Dubai, U.A.E.''.

    Dated: December 11, 2009.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. E9-30480 Filed 12-22-09; 8:45 am]
BILLING CODE 3510-33-P