[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Rules and Regulations]
[Pages 79600-79602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31361]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 131121982-3982-01]
RIN 0694-AG03


Removal of Person From the Entity List Based on a 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. This rule removes one 
person in Russia from the Entity List, along with entries for this 
person under Germany and Taiwan. This person is being removed from the 
Entity List as a result of a request for removal submitted by the 
person, a review of 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 conducted by 
the End-user Review Committee (ERC).

DATES: Effective Date: This rule is effective December 31, 2013.

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 include 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, which is composed of representatives of the Departments of 
Commerce (Chair), State, Defense, Energy and, where 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

Removal From the Entity List

    This rule implements a decision of the ERC to remove three entries 
consisting of one person located in Russia, along with entries for this 
person in Germany and Taiwan, from the Entity List on the basis of a 
removal request by the listed person. Based upon

[[Page 79601]]

a 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), the ERC determined that this 
person should be removed from the Entity List.
    The ERC decision to remove this person took into account this 
person's cooperation with the U.S. Government, as well as this person'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 the person of the 
ERC's decision to remove the person from the Entity List.
    This final rule removes the following person in Russia, along with 
entries for this person under Germany and Taiwan from 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).
    The removal of the above referenced person from the Entity List 
eliminates the existing license requirements in Supplement No. 4 to 
part 744 for exports, reexports and transfers (in-country) to this 
person. However, the removal of this person from the Entity List does 
not relieve persons proposing to export, reexport or transfer (in-
country) items subject to the EAR to the removed person 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.'' Additionally this removal does 
not 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.

Export Administration Act

    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 amended by Executive Order 13637 of March 
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of 
August 8, 2013, 78 FR 49107 (August 12, 2013), 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 as amended by Executive Order 
13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. 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 
43.8 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. Pursuant to the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(3)(B), BIS finds good cause to waive requirements that this rule 
be subject to notice and the opportunity for public comment because it 
would be contrary to the public interest.
    In determining whether to grant removal requests from the Entity 
List, a committee of U.S. Government agencies (the End-user Review 
Committee (ERC)) evaluates information about and commitments made by 
listed persons requesting removal from the Entity List, the nature and 
terms of which are set forth in 15 CFR part 744, Supplement No. 5, as 
noted in 15 CFR 744.16(b). The information, commitments, and criteria 
for this extensive review were all established through the notice of 
proposed rulemaking and public comment process (72 FR 31005 (June 5, 
2007) (proposed rule), and 73 FR 49311 (August 21, 2008) (final rule)). 
This removal has been made within the established regulatory framework 
of the Entity List. If the rule were to be delayed to allow for public 
comment, U.S. exporters may face unnecessary economic losses as they 
turn away potential sales because the customer remained a listed person 
on the Entity List even after the ERC approved the removal pursuant to 
the rule published at 73 FR 49311 on August 21, 2008. By publishing 
without prior notice and comment, BIS allows the applicant to receive 
U.S. exports immediately since the applicant already has received 
approval by the ERC pursuant to 15 CFR part 744, Supplement No. 5, as 
noted in 15 CFR 744.16(b).
    The removals from the Entity List granted by the ERC involve 
interagency deliberation and result from review of public and non-
public sources, including sensitive law enforcement information and 
classified information, and the measurement of such information against 
the Entity List removal criteria. This information is extensively 
reviewed according to the criteria for evaluating removal requests from 
the Entity List, as set out in 15 CFR

[[Page 79602]]

part 744, Supplement No. 5 and 15 CFR 744.16(b). For reasons of 
national security, BIS is not at liberty to provide to the public the 
information on which the ERC relied to make the decision to remove this 
entity. In addition, the information included in the removal request is 
specific to information exchanged between the applicant and the ERC, 
which by law (section 12(c) of the Export Administration Act (EAA)), 
BIS is restricted from sharing with the public. The removal requests 
from the Entity List contain confidential business information, which 
is necessary for the extensive review conducted by the U.S. Government 
in assessing such removal requests.
    Section 553(d) of the APA generally provides that rules may not 
take effect earlier than thirty (30) days after they are published in 
the Federal Register. BIS finds good cause to waive the 30-day delay in 
effectiveness under 5 U.S.C. 553(d)(1) because this rule is a 
substantive rule which relieves a restriction. This rule removes a 
requirement (the Entity-List-based license requirement and limitation 
on use of license exceptions) on this one person being removed from the 
Entity List. The rule does not impose a requirement on any other 
person.
    No other law requires that a notice of proposed rulemaking and an 
opportunity for public comment be given for this final rule. Because a 
notice of proposed rulemaking and an opportunity for public comment are 
not required under the APA or by any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. As a result, no final regulatory flexibility 
analysis is required and none has been prepared.

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]

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 17, 2013, 78 FR 4303 
(January 22, 2013) Notice of August 8, 2013, 78 FR 49107 (August 12, 
2013); Notice of September 18, 2013, 78 FR 58151 (September 20, 
2013); Notice of November 7, 2013, 78 FR 67289 (November 12, 2013).


0
2. Supplement No. 4 to part 744 is amended:
0
a. By removing under Germany, one German entity: ``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);''
0
b. By removing under Russia, one Russian entity: ``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);'' and
0
c. By removing under Taiwan, one Taiwanese entity: ``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).''

    Dated: December 23, 2013.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2013-31361 Filed 12-30-13; 8:45 am]
BILLING CODE 3510-33-P