[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Rules and Regulations]
[Pages 12004-12006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05104]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 160106014-6014-01]
RIN 0694-AG82


Additions 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 four entities to the Entity List. The U.S. Government has 
determined that the four entities are acting contrary to the national 
security or foreign policy interests of the United States. The four 
entities will be listed on the Entity List under the destinations of 
People's Republic of China (China) and Iran.

DATES: This rule is effective March 8, 2016.

FOR FURTHER INFORMATION CONTACT: 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) identifies entities 
and other persons reasonably believed to be involved, or to pose a 
significant risk of being or becoming involved, in activities contrary 
to the national security or foreign policy interests of the United 
States. The EAR imposes additional licensing requirements on, and 
limits the availability of most license exceptions for, exports, 
reexports, and transfers (in-country) to those listed. The ``license 
review policy'' for each listed entity or other person is identified in 
the License Review Policy column on the Entity List and the impact on 
the availability of license exceptions is described in the Federal 
Register notice adding entities or other persons to the Entity List. 
BIS places entities and other persons on the Entity List pursuant to 
sections of part 744 (Control Policy: End-User and End-Use Based) and 
part 746 (Embargoes and Other Special Controls) of the EAR.
    The ERC, composed of representatives of the Departments of Commerce 
(Chair), State, Defense, Energy, and, where appropriate, the Treasury, 
determines all additions to, removals from, and other modifications to 
the Entity List. The ERC makes decisions to add an entry to the Entity 
List by majority vote and 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 four entities--
three in China and one in Iran--to the Entity List under the authority 
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 ERC reviewed Sec.  744.11(b) (Criteria for revising the Entity 
List) in making the determination to list these four entities. Under 
that paragraph, entities and other persons for which there is 
reasonable cause to believe, based on specific and articulable facts, 
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 set out an illustrative 
list of activities that could be contrary to the national security or 
foreign policy interests of the United States.
    Pursuant to Sec.  744.11 of the EAR, the ERC determined that 
Zhongxing Telecommunications Equipment Corporation (``ZTE 
Corporation''), located at ZTE Plaza, Keji Road South, Hi-Tech 
Industrial Park, Nenshan District, Shenzhen, China, be added to the 
Entity List under the destination of China for actions contrary to the 
national security and foreign policy interests of the United States. 
Specifically, the ZTE Corporation document ``Report Regarding 
Comprehensive Reorganization and Standardization of the Company Export 
Control Related Matters'' (available at http://www.bis.doc.gov) 
indicates that ZTE Corporation has reexported controlled items to 
sanctioned countries contrary to United States law. The ZTE Corporation 
document ``Proposal for Import and Export Control Risk Avoidance'' 
(available at http://www.bis.doc.gov) describes how ZTE Corporation 
also planned and organized a scheme to establish, control, and use a 
series of ``detached'' (i.e., shell) companies to illicitly reexport 
controlled items to Iran in violation of U.S. export control laws.
    Pursuant to Sec.  744.11 of the EAR, the ERC determined that three 
entities located in China and one in Iran should be added to the Entity 
List for actions contrary to the national security or foreign policy 
interests of the United States. Specifically, the following three 
entities (in addition to ZTE Corporation) were identified in the scheme 
developed by ZTE Corporation to reexport controlled items to Iran 
contrary to United States law, as detailed in the ZTE Corporation 
document ``Proposal for Import and Export Control Risk Avoidance,'' 
referenced above and available on the BIS Web site:

    (a) ZTE Kangxun Telecommunications Ltd. is named in the ZTE 
Corporation document ``Proposal for Import and Export Control Risk 
Avoidance.'' This entity was designated by ZTE Corporation to 
purchase controlled items and provide them to a Chinese intermediary 
trading company for reexport to Iran.
    (b) Beijing 8-Star, identified as ``8S'' is described in the ZTE 
Corporation document ``Proposal for Import and Export Control Risk 
Avoidance.'' This entity was designated by ZTE Corporation to sign 
contracts with Iranian clients, make purchases of controlled items, 
and reexport the items from China to Iran.
    (c) ZTE Parsian is identified as ``ZTE YL'' in the ZTE 
Corporation document ``Proposal for Import and Export Control Risk 
Avoidance.'' This entity was designated by ZTE Corporation to 
facilitate the illicit reexport scheme by providing contracted 
engineering services to ZTE client(s) in Iran receiving the 
controlled items.

    Pursuant to Sec.  744.11(b)(5) of the EAR, the ERC determined that 
the conduct of these four entities raises sufficient concern that the 
prior review of exports, reexports, and transfers (in-country) of items 
subject to the EAR involving these

[[Page 12005]]

entities, and the possible imposition of license conditions or license 
denials on shipments to the entities, will enhance BIS's ability to 
prevent violations of the EAR.
    For the four entities this rule adds to the Entity List on the 
basis of Sec.  744.11, the ERC specified a license requirement for all 
items subject to the EAR and a license review policy of presumption of 
denial. The license requirements apply to any transaction in which 
items subject to the EAR are proposed for export, reexport, or transfer 
(in-country) to any of the four listed entities or any other 
transaction in which such entities act as purchaser, intermediate 
consignee, ultimate consignee, or end user of items subject to the EAR. 
In addition, no license exceptions are available for exports, 
reexports, or transfers (in-country) of items subject to the EAR to the 
entities being added to the Entity List in this rule.
    This final rule adds the following four entities to the Entity 
List:
China
    (1) Beijing 8-Star International Co., Unit 601, 6th Floor, Tower 1, 
Prosper Center, No. 5, Guanghua Road, Chaoyang District, Beijing, 
China;
    (2) Zhongxing Telecommunications Equipment (ZTE) Corporation, ZTE 
Plaza, Keji Road South, Hi-Tech Industrial Park, Nanshan District, 
Shenzen, China; and
    (3) ZTE Kangxun Telecommunications Ltd., 2/3 Floor, Suite A, Zte 
Communication Mansion Keji (S) Road, Hi-New Shenzhen, 518057 China.
Iran
    (1) ZTE Parsian, No. 100, Africa Ave., Mirdamad Entersection, 
Tehran, Iran.

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, 2016, 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).

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 7, 2015, 80 FR 48233 (August 11, 2015), 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. For the four entities added to the Entity List in this final 
rule, the provisions of the Administrative Procedure Act (5 U.S.C. 553) 
requiring notice of proposed rulemaking, the opportunity for public 
comment, 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)). 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 entities being added to the Entity List. If this rule 
were delayed to allow for notice and comment and a delay in effective 
date, then entities being added 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 these parties may 
receive notice of the U.S. Government's intention to place this entity 
on the Entity List if a proposed rule is published, doing so would 
create an incentive for these entities 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, 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. Accordingly, no regulatory flexibility analysis is required 
and none has been prepared.

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. 4601 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

[[Page 12006]]

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 7, 2015, 80 FR 
48233 (August 11, 2015); Notice of September 18, 2015, 80 FR 57281 
(September 22, 2015); Notice of November 12, 2015, 80 FR 70667 
(November 13, 2015); Notice of January 20, 2016, 81 FR 3937 (January 
22, 2016).


0
2. Supplement No. 4 to part 744 is amended:
0
a. By adding under China, in alphabetical order, three Chinese 
entities; and
0
b. By adding under Iran, in alphabetical order, one Iranian 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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                                                  * * * * * * *
CHINA, PEOPLE'S                                                  * * * * *
 REPUBLIC OF.            Beijing 8 Star International  For all items        Presumption of     81 FR [INSERT FR
                          Co., Unit 601, 6th Floor,     subject to the       denial.            PAGE NUMBER], 3/
                          Tower 1, Prosper Center,      EAR. (See Sec.                          8/16.
                          No. 5, Guanghua Road,         744.11 of the EAR)
                          Chaoyang District, Beijing,
                          China
                                                                 * * * * *
                         Zhongxing Telecommunications  For all items        Presumption of     81 FR [INSERT FR
                          Equipment (ZTE)               subject to the       denial.            PAGE NUMBER], 3/
                          Corporation, ZTE Plaza,       EAR. (See Sec.                          8/16.
                          Keji Road South, Hi-Tech      744.11 of the EAR)
                          Industrial Park, Nanshan
                          District, Shenzen, China
                         ZTE Kangxun                   For all items        Presumption of     81 FR [INSERT FR
                          Telecommunications Ltd., 2/   subject to the       denial.            PAGE NUMBER], 3/
                          3 Floor, Suite A, Zte         EAR. (See Sec.                          8/16.
                          Communication Mansion Keji    744.11 of the EAR)
                          (S) Road, Hi-New Shenzhen,
                          518057 China
                                                                 * * * * *
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
IRAN...................                                          * * * * *
                         ZTE Parsian, No. 100, Africa  For all items        Presumption of     81 FR [INSERT FR
                          Ave., Mirdamad                subject to the       denial.            PAGE NUMBER], 3/
                          Entersection, Tehran, Iran    EAR. (See Sec.                          8/16.
                                                        744.11 of the EAR)
 
                                                  * * * * * * *
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    Dated: March 3, 2016.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2016-05104 Filed 3-7-16; 8:45 am]
 BILLING CODE 3510-33-P