[Federal Register Volume 78, Number 46 (Friday, March 8, 2013)]
[Rules and Regulations]
[Pages 14914-14917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05387]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 121219726-2726-01]
RIN 0694-AF85


Addition of Certain Persons to the Entity List

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 three entries to the Entity List for one person who has been 
determined by the U.S. Government to be acting contrary to the national 
security or foreign policy interests of the United States. This person 
will be listed on the Entity List under Germany, Russia, and Taiwan.

DATES: Effective date: This rule is effective March 8, 2013.

[[Page 14915]]


FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Chair, End-User 
Review Committee, Office of the Assistant Secretary, Export 
Administration, Bureau of Industry and Security, Department of 
Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Entity List (Supplement No. 4 to Part 744) notifies the public 
about entities that have engaged in activities that could result in an 
increased risk of the diversion of exported, reexported, or transferred 
(in-country) items to weapons of mass destruction (WMD) programs. Since 
its initial publication, grounds for inclusion on the Entity List have 
expanded to activities sanctioned by the State Department and 
activities contrary to U.S. national security or foreign policy 
interests, including terrorism and export control violations involving 
abuse of human rights. Certain exports, reexports, and transfers (in-
country) to entities identified on the Entity List require licenses 
from BIS and are usually subject to a policy of denial. The 
availability of license exceptions in such transactions is very 
limited. The license review policy for each entity is identified in the 
License Review Policy column on the Entity List and the availability of 
license exceptions is noted in the Federal Register notices adding 
persons to the Entity List. BIS places entities on the Entity List 
based on certain sections of part 744 (Control Policy: End-User and 
End-Use Based) of the EAR.
    The ERC, composed of representatives of the Departments of Commerce 
(Chair), State, Defense, Energy and, when appropriate, the Treasury, 
makes all decisions regarding additions to, removals from, or other 
modifications 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

Additions to the Entity List

    This rule implements the decision of the ERC to add one person, 
under three entries, 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 three entries, two of which are alternate addresses and 
slightly different names used in different countries for the person 
being added to the Entity List, consist of single entries in Russia, 
Germany, and Taiwan. The ERC reviewed Sec.  744.11(b) (Criteria for 
revising the Entity List) in making the determination to add this one 
person under three entries to the Entity List. Under that paragraph, 
persons for which there is reasonable cause to believe, based on 
specific and articulable facts, that the persons 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 persons may be added to the Entity List. Paragraphs (b)(1) through 
(5) of Sec.  744.11 include an illustrative list of activities that 
could be contrary to the national security or foreign policy interests 
of the United States. The ERC has reasonable cause to believe that the 
one person being listed under three separate entries, T -Platforms, a 
company headquartered in Russia, has been listed as the ultimate 
consignee on multiple automated export system (AES) records filed for 
the export of dual-use items controlled for national security reasons 
but shipped without the required licenses. Further, the ERC has reason 
to believe that T-Platforms is associated with military procurement 
activities, including the development of computer systems for military 
end-users and the production of computers for nuclear research. T-
Platforms has locations in Germany and Taiwan that are engaged in the 
same types of activities of concern. Based on T-Platforms' activities, 
including those of its locations in Germany and Taiwan, the ERC 
determined that it is engaged in activities contrary to U.S. national 
security and foreign policy interests and poses a high risk of 
involvement in violations of the EAR.
    Therefore, pursuant to Sec.  744.11(b)(3) and (5) of the EAR, the 
ERC determined that such conduct raises sufficient concern that prior 
review of exports, reexports, or transfers (in-country) of items 
subject to the EAR involving this one person being listed under three 
entries, and the possible imposition of license conditions or license 
denials, will enhance BIS's ability to prevent violations of the EAR.
    For the one person being added to the Entity List under three 
entries, the ERC specified a license requirement for all items subject 
to the EAR and established 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 person or in which such person acts as 
purchaser, intermediate consignee, ultimate consignee, or end-user. In 
addition, no license exceptions are available for exports, reexports, 
or transfers (in-country) to this person being added to the Entity List 
under three entries.
    This final rule adds the following one person under three entries 
to the Entity List:

Germany

    (1) T-Platforms GmbH, a.k.a., the following one alias:

-tPlatforms GmbH.

Woehlerstrasse 42, d-30163, Hanover, Germany (See alternate addresses 
under T-Platforms in Russia and T Platforms in Taiwan).

Russia

    (1) T-Platforms, Leninsky Prospect 113/1, Suite B-705, Moscow, 
Russia; and 8 Vvedenskogo Street, Suite K52B, Moscow, Russia (See 
alternate addresses under T-Platforms GmbH in Germany and T Platforms 
in Taiwan).

Taiwan

    (1) T Platforms, a.k.a., the following one alias:

-Platforms Solutions Development Limited.

10F, No. 409, Sec. 2 Tiding Blvd., Neihu District, Taipei, Taiwan (See 
alternate addresses under T-Platforms GmbH in Germany and T-Platforms 
in Russia).

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 en route aboard a carrier to a port of 
export or reexport, on March 8, 2013, 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).
    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 15, 
2012, 77 FR 49699 (August 16, 2012), has continued the Export 
Administration Regulations in effect under the International Emergency 
Economic Powers Act. BIS continues to carry out the provisions of the 
Export Administration Act, as appropriate and to the extent permitted 
by law, pursuant to Executive Order 13222.

[[Page 14916]]

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 OMB under control number 0694-0088, 
Simplified Network Application Processing System, which includes, among 
other things, license applications and carries a burden estimate of 58 
minutes for a manual or electronic submission.
    Total burden hours associated with the PRA and OMB control number 
0694-0088 are not expected to increase as a result of this rule. You 
may 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 email to 
[email protected], or by fax to (202) 395-7285.
    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 comment and a 30-day 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. Sec.  553(a)(1)). BIS implements 
this rule to protect U.S. national security or foreign policy interests 
by preventing items from being exported, reexported, or transferred (in 
country) to the person being added to the Entity List. If this rule 
were delayed to allow for notice and comment and a 30-day delay in 
effective date, then the entity being added (one person under three 
entries) to the Entity List by this action would continue to be able to 
receive items without a license and to conduct activities contrary to 
the national security or foreign policy interests of the United States. 
In addition, because this party may receive notice of the U.S. 
Government's intention to place this entity on the Entity List once a 
final rule was published, it would create an incentive for this person 
to either accelerate receiving items subject to the EAR to conduct 
activities that are contrary to the national security or foreign policy 
interests of the United States, and/or to take steps to set up 
additional aliases, change addresses, and other measures to try to 
limit the impact of the listing on the Entity List once a final rule 
was published. 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 Subject 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]

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 January 19, 2012, 77 FR 3067 
(January 20, 2012); Notice of August 15, 2012, 77 FR 49699 (August 
16, 2012); Notice of September 11, 2012, 77 FR 56519 (September, 12, 
2012); Notice of November 1, 2012, 77 FR 66513 (November 5, 2012).


0
2. Supplement No. 4 to part 744 is amended:
0
a. By adding under Germany, in alphabetical order, one German entity;
0
b. By adding under Russia, in alphabetical order, one Russian entity; 
and
0
c. By adding under Taiwan, in alphabetical order, one Taiwanese entity;
    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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                                                  * * * * * * *
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GERMANY                                                       * * * * * * *
                         T-Platforms GmbH, a.k.a.,     For all items        Presumption of     78 FR [INSERT FR
                          the following one alias:      subject to the       denial.            PAGE NUMBER] 3/8/
                         --tPlatforms GmbH              EAR. (See Sec.                          13.
                          Woehlerstrasse 42, d-30163,   744.11 of the
                          Hanover, Germany (See         EAR.)
                          alternate addresses under T-
                          Platforms in Russia and T
                          Platforms in Taiwan).
                                                              * * * * * * *
 
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RUSSIA                                                        * * * * * * *
                         T-Platforms, Leninsky         For all items        Presumption of     78 FR [INSERT FR
                          Prospect 113/1, Suite B-      subject to the       denial.            PAGE NUMBER] 3/8/
                          705, Moscow, Russia; and 8    EAR. (See Sec.                          13.
                          Vvedenskogo Street, Suite     744.11 of the EAR)
                          K52B, Moscow, Russia (See
                          alternate addresses under T-
                          Platforms GmbH in Germany
                          and T Platforms in Taiwan)
                                                              * * * * * * *
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[[Page 14917]]

 
 
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TAIWAN                                                        * * * * * * *
                         T Platforms, a.k.a., the      For all items        Presumption of     78 FR [INSERT FR
                          following one alias:          subject to the       denial.            PAGE NUMBER] 3/8/
                         --Platforms Solutions          EAR. (See Sec.                          13.
                          Development Limited. 10F,     744.11 of the EAR)
                          No. 409, Sec. 2 Tiding
                          Blvd., Neihu District,
                          Taipei, Taiwan (See
                          alternate addresses under T-
                          Platforms GmbH in Germany
                          and T-Platforms in Russia)
                                                              * * * * * * *
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    Dated: March 1, 2013.
Matthew S. Borman,
Assistant Secretary for Export Administration.
[FR Doc. 2013-05387 Filed 3-7-13; 8:45 am]
BILLING CODE 3510-33-P