Addition of Certain Persons to the Entity List
Federal Register, Volume 80 Issue 170 (Wednesday, September 2, 2015)
Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)
Rules and Regulations
Pages 52963-52972
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2015-21682
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
Docket No. 150604505-5505-01
RIN 0694-AG65
Addition of Certain Persons to the Entity List
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding twenty-nine persons under thirty-three entries to the Entity List. The twenty-nine persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These persons will be listed on the Entity List under the destinations of Crimea region of Ukraine, Cyprus, Finland, Romania, Russia, Switzerland, Ukraine, and the United Kingdom. This final rule also revises the reference to Crimea (occupied) on the Entity List to conform to other references in the EAR that refer to the Crimea region of Ukraine.
DATES: This rule is effective September 2, 2015.
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: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Entity List (Supplement No. 4 to Part 744 of the EAR) identifies entities
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and other persons reasonably believed to be involved in, or that pose a significant risk of being or becoming involved in, activities that are contrary to the national security or foreign policy 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 persons or entities listed on the Entity List. The license review policy for each listed entity 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 on the Entity List based on certain sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR.
The End-user Review Committee (ERC) is composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy, and where appropriate, the Treasury. The ERC makes decisions to add an entry to the Entity List by majority vote and to remove or modify an entry by unanimous vote. The Departments represented on the ERC have approved these changes to the Entity List.
Entity List Additions
Additions to the Entity List
This rule implements the decision of the ERC to add twenty-nine persons under thirty-three entries to the Entity List. These twenty-
nine persons are being added 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 thirty-three entries to the Entity List are located in the Crimea region of Ukraine, Cyprus, Finland, Romania, Russia, Switzerland, Ukraine, and the United Kingdom (British Virgin Islands). There are thirty-three entries for the twenty-nine persons because two persons are listed in two locations and one person is listed in three locations, resulting in four additional entries.
Under Sec. 744.11(b) (Criteria for revising the Entity List) of the EAR, persons for whom 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. The persons being added to the Entity List have been determined to be involved in activities that are contrary to the national security or foreign policy interests of the United States. Specifically, in this rule, BIS adds persons to the Entity List for violating international law and fueling the conflict in eastern Ukraine. These additions ensure the efficacy of existing sanctions on Russia. The particular additions to the Entity List and related authorities are as follows.
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Entity Addition Consistent With Executive Order 13660
One entity is added based on activities that are described in Executive Order 13660 (79 FR 13493), Blocking Property of Certain Persons Contributing to the Situation in Ukraine, issued by the President on March 6, 2014. As described in the Order, the President found that the actions and policies of persons who have asserted governmental authority in Crimea without the authorization of the Government of Ukraine undermine democratic processes and institutions in Ukraine; threaten its peace, security, stability, sovereignty, and territorial integrity; and contribute to the misappropriation of its assets, and thereby constitute an unusual and extraordinary threat to the national security and foreign policy of the United States. The President also declared a national emergency to deal with that threat.
Executive Order 13660 blocks all property and interests in property that are in the United States, that come within the United States, or that are or come within the possession or control of any United States person (including any foreign branch) of any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, to be responsible for or complicit in, or to have engaged in, directly or indirectly, misappropriation of state assets of Ukraine or of an economically significant entity in Ukraine, among other activities. Under Section 8 of the Order, all agencies of the United States Government are directed to take all appropriate measures within their authority to carry out the provisions of the Order.
The Department of the Treasury's Office of Foreign Assets Control (OFAC), pursuant to Executive Order 13660, has designated the following person: Private Joint-Stock Company Mako Holding. In conjunction with that designation, the Department of Commerce adds Private Joint-Stock Company Mako Holding to the Entity List under this rule and imposes a license requirement for exports, reexports, or transfers (in-country) to this blocked person. This license requirement implements an appropriate measure within the authority of the EAR to carry out the provisions of Executive Order 13660.
Private Joint-Stock Company Mako Holding is added to the Entity List under Executive Order 13660 because it is owned or controlled by, or has acted or purported to act for or on behalf of, directly or indirectly a person whose property and interests are blocked pursuant to that Order, Oleksandr Viktorovych Yanukovych. Oleksandr Yanukovych is responsible for or complicit in, or has engaged in, directly or indirectly, misappropriation of state assets of Ukraine or of an economically significant entity in Ukraine.
Therefore, pursuant to Sec. 744.11 of the EAR, the conduct of this one person raises sufficient concern that prior review of exports, reexports, or transfers (in-country) of all items subject to the EAR involving this person, and the possible imposition of license conditions or license denials on shipments to this persons, will enhance BIS's ability to protect the foreign policy and national security interests of the United States.
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Entity Additions Consistent With Executive Order 13661
Seven entities are added based on activities that are described in Executive Order 13661 (79 FR 15533), Blocking Property of Additional Persons Contributing to the Situation in Ukraine, issued by the President on March 16, 2014. This Order expanded the scope of the national emergency declared in Executive Order 13660, finding that the actions and policies of the Government of the Russian Federation with respect to Ukraine--including the deployment of Russian military forces in the Crimea region of Ukraine--undermine democratic processes and institutions in Ukraine; threaten its peace, security, stability, sovereignty, and territorial integrity; and contribute to the misappropriation of its assets, and thereby constitute an unusual and extraordinary threat to the national security and foreign policy of the United States.
Executive Order 13661 includes a directive that all property and interests in property that are in the United States, that hereafter come within the United States, or that are or thereafter come within the possession or control of any United States person (including any foreign branch) of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise
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dealt in: persons determined by the Secretary of the Treasury, in consultation with the Secretary of State to have either materially assisted, sponsored or provided financial, material or technological support for, or goods and services to or in support of a senior official of the government of the Russian Federation or operate in the defense or related materiel sector in Russia. Under Section 8 of the Order, all agencies of the United States Government are directed to take all appropriate measures within their authority to carry out the provisions of the Order.
The Department of the Treasury's Office of Foreign Assets Control, pursuant to Executive Order 13661, on behalf of the Secretary of the Treasury, and in consultation with the Secretary of State, has designated the following seven persons: Airfix Aviation Oy, IPP Oil Products (Cyprus) Limited, Open Joint Stock Company Kontsern Izhmash, Izhevsky Mekhanichesky Zavod JSC, Set Petrochemicals Oy, Southeast Trading Oy, and Southport Management Services Limited. In conjunction with those designations, the Department of Commerce adds all seven of those entities to the Entity List under this rule, and imposes a license requirement for exports, reexports, or transfers (in-country) to these persons. This license requirement implements an appropriate measure within the authority of the EAR to carry out the provisions of Executive Order 13661.
Five of the persons added to the Entity List under Executive Order 13661 meet the criteria of Section 1, subparagraph D of the Order because they are linked to the provision of material support to a person previously designated by OFAC, Gennady Timchenko: Airfix Aviation Oy, IPP Oil Products (Cyprus) Limited, Set Petrochemicals Oy, Southeast Trading Oy, and Southport Management Services Limited.
Two of the persons added to the Entity List under Executive Order 13661 meet the criteria of Section 1, subparagraph B of the Order because they operate in Russia's arms or related materiel sector: Open Joint Stock Company Kontsern Izhmash and Izhevsky Mekhanichesky Zavod JSC. Open Joint Stock Company Kontsern Izhmash and Izhevsky Mekhanichesky Zavod JSC are linked to an entity previously designated by OFAC, Kalashnikov Concern, which was added to the Entity List on July 22, 2014 (79 FR 42455).
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Entity Additions Consistent With Executive Order 13662
Fifteen entities are added based on activities that are described in Executive Order 13662 (79 FR 16169), Blocking Property of Additional Persons Contributing to the Situation in Ukraine, issued by the President on March 20, 2014. This Order expanded the scope of the national emergency declared in Executive Order 13660 of March 6, 2014 and Executive Order 13661 of March 16, 2014. Specifically, Executive Order 13662 expanded the scope to include sectors of the Russian economy as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State, such as financial services, energy, metals and mining, engineering, and defense and related materiel. Under Section 8 of the Order, all agencies of the United States Government are directed to take all appropriate measures within their authority to carry out the provisions of the Order.
The Department of the Treasury's Office of Foreign Assets Control, pursuant to Executive Order 13662, on behalf of the Secretary of the Treasury, and in consultation with the Secretary of State, has designated the following fifteen persons as operating in the energy sector of Russia and owned or controlled by, or have acted or purported to act for or on behalf of, directly or indirectly, a person whose property and interests are blocked pursuant to the Order, Rosneft: CJSC Vankorneft, Neft-Aktiv LLC, OJSC Achinsk Refinery, OJSC Angarsk Petrochemical Company, OJSC Kuybyshev Refinery, OJSC Novokuybyshev Refinery, OJSC Orenburgneft, OJSC RN Holding, OJSC Samotlorneftegaz, OJSC Syzran Refinery, PJSC Verkhnechonskneftegaz, Rosneft Trade Limited, Rosneft Trading S.A., RN-Komsomolsky Refinery LLC, and RN-
Yuganskneftegaz LLC. In conjunction with that designation, the Department of Commerce adds to the Entity List under this rule all fifteen listed above, all of which are subsidiaries of Rosneft (Rosneft was added to the Entity List on September 17, 2014 (79 FR 55612)).
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Entity Additions Consistent With Executive Order 13685
Six entities are added based on activities that are described in Executive Order 13685 (79 FR 77357), Blocking Property of Certain Persons and Prohibiting Certain Transactions with Respect to the Crimea Region of Ukraine, issued by the President on December 19, 2014. This Order took additional steps to address the Russian occupation of the Crimea region of Ukraine with respect to the national emergency declared in Executive Order 13660 of March 6, 2014, and expanded in Executive Order 13661 of March 16, 2014 and Executive Order 13662 of March 20, 2014. In particular, Executive Order 13685 prohibited the export, reexport, sale or supply, directly or indirectly, from the United States or by a U.S. person, wherever located, of any goods, services, or technology to the Crimea region of Ukraine. Under Section 10 of the Order, all agencies of the United States Government are directed to take all appropriate measures within their authority to carry out the provisions of the Order.
The Department of the Treasury's Office of Foreign Assets Control, pursuant to Executive Order 13685 on behalf of the Secretary of the Treasury and in consultation with the Secretary of State, has designated the following six persons as operating in the Crimea region of Ukraine: State Enterprise Evpatoria Sea Commercial Port, State Enterprise Feodosia Sea Trading Port, State Shipping Company Kerch Sea Ferry, State Enterprise Kerch Sea Commercial Port, State Enterprise Sevastopol Sea Trading Port, and State Enterprise Yalta Sea Trading Port. In conjunction with that designation, the Department of Commerce adds all six of those entities to the Entity List under this rule and imposes a license requirement for exports, reexports, or transfers (in-
country) to these blocked persons. This license requirement implements an appropriate measure within the authority of the EAR to carry out the provisions of Executive Order 13685.
For the fourteen persons under eighteen entries added to the Entity List based on activities that are described in Executive Orders 13660, 13661, or 13685, BIS imposes 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 are to be exported, reexported, or transferred (in-country) to any of the persons or in which such persons act as purchaser, intermediate consignee, ultimate consignee, or end-user. In addition, no license exceptions are available for exports, reexports, or transfers (in-country) to the persons being added to the Entity List in this rule.
For the fifteen Russian subsidiaries of Rosneft and energy sector entities added to the Entity List based on activities described in Executive Order 13662, the Entity List imposes a license
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requirement for the export, reexport or transfers (in-country) of all items subject to the EAR to those companies when the exporter, reexporter or transferor knows that the item will be used directly or indirectly in exploration for, or production of, oil or gas in Russian deepwater (greater than 500 feet) or Arctic offshore locations or shale formations in Russia, or is unable to determine whether the item will be used in such projects. License applications for such transactions will be reviewed with a presumption of denial when for use directly or indirectly for exploration or production from deepwater (greater than 500 feet), Arctic offshore, or shale projects in Russia that have the potential to produce oil. This license requirement implements an appropriate measure within the authority of BIS to carry out the provisions of Executive Order 13662.
This final rule adds the following twenty-nine persons under thirty-three entries to the Entity List:
Crimea Region of Ukraine
(1) State Enterprise Evpatoria Sea Commercial Port, a.k.a., the following eight aliases:
--Port of Evpatoria;
--Port of Yevpatoria;
--Seaport of Yevpatoriya;
--Yevpatoria Commercial Seaport;
--Yevpatoria Merchant Sea Port;
--Yevpatoria Sea Port;
--Yevpatoriya Commercial Sea Port; and
--Yevpatoriya Sea Port.
Mariners Square 1, Evpatoria, Crimea 97416, Ukraine; and 1, Moryakov Sq, Yevpatoriya, Crimea 97408, Ukraine; and 1 Moryakov Sq., Yevpatoria, Crimea 97416, Ukraine; and 1 Moryakov Sq, Yevpatoriya, Crimea 97416, Ukraine;
(2) State Enterprise Feodosia Sea Trading Port, a.k.a., the following five aliases:
--Port of Feodosia;
--Seaport of Feodosiya;
--Theodosia Commercial Seaport;
--Theodosia Merchant Sea Port; and
--Theodosia Sea Port.
14 Gorky Street, Theodosia 98100, Ukraine,; and 14, Gorky Str., Feodosiya, Crimea 98100, Ukraine; and Gorky Street 11, Feodosia, Crimea 98100, Ukraine;
(3) State Enterprise Kerch Sea Commercial Port, a.k.a., the following six aliases:
--Kerch Commercial Seaport;
--Kerch Merchant Sea Port;
--Kerch Sea Port;
--Port of Kerch;
--Seaport of Kerch; and
--State Enterprise Kerch Commercial Sea Port.
Kirova Street 28, Kerch, Crimea 98312, Ukraine; and 28 Kirova Str., Kerch, Crimea 98312, Ukraine; and 28, Kirov Str., Kerch, Crimea 98312, Ukraine; and Ul. Kirov, 28, Kerch, Crimea 98312, Ukraine; and ul Kirova 28, Kerch 98312, Ukraine;
(4) State Enterprise Sevastopol Sea Trading Port, a.k.a., the following seven aliases:
--Port of Sevastopol;
--Seaport of Sevastopol;
--Sevastopol Commercial Seaport;
--Sevastopol Merchant Sea Port;
--Sevastopol Sea Port;
--Sevastopol Sea Trade Port; and
--State Enterprise Sevastopol Commercial Seaport.
3 Place Nakhimova, Sevastopol 99011, Ukraine; and 5, Nakhimova square, Sevastopol, Crimea 99011, Ukraine; and Nahimova Square 5, Sevastopol, Crimea 99011, Ukraine;
(5) State Enterprise Yalta Sea Trading Port, a.k.a., the following five aliases:
--Port of Yalta;
--Seaport of Yalta;
--Yalta Commercial Seaport;
--Yalta Merchant Sea Port; and
--Yalta Sea Port.
Roosevelt Street 3, Yalta, Crimea 98600, Ukraine; and 5, Roosevelt Str., Yalta, Crimea 98600, Ukraine; and 5 Roosevelt Street, Yalta, Crimea 98600, Ukraine; and
(6) State Shipping Company Kerch Sea Ferry, a.k.a., the following one alias:
--State Ferry Enterprise Kerch Ferry.
Tselimbernaya Street 16, Kerch, Crimea, 98307, Ukraine; and 16 Tselibernaya Street, Kerch, Crimea 98307, Ukraine.
Cyprus
(1) IPP Oil Products (Cyprus) Limited, 12 Esperidon Street, 4th Floor, Nicosia 1087, Cyprus;
(2) Rosneft Trade Limited, f.k.a., TNK Trade Limited. Elenion Building 5 Themistokli Dervi, 2nd floor, Lefkosia, Nicosia 1066, Cyprus; and
(3) Southport Management Services Limited, Nicosia, Cyprus (See also address under United Kingdom).
Finland
(1) Airfix Aviation Oy, Tullimiehentie 4-6, Vantaa 01530, Finland (See also address under Switzerland);
(2) Set Petrochemicals Oy, Ukonvaaja 2 A, Espoo 02130, Finland; and
(3) Southeast Trading Oy, a.k.a., the following one alias:
--Southeast Trading LTD.
Espoo, Finland; and Kannelkatu 8, Lappeenranta 53100, Finland; and PL 148, Lappeenranta 53101, Finland (See also addresses under Romania and Russia).
Romania
(1) Southeast Trading Oy, a.k.a., the following one alias:
--Southeast Trading LTD.
Bucharest, Romania (See also addresses under Finland and Russia).
Russia
(1) CJSC VANKORNEFT, a.k.a., the following two aliases:
--Vankorneft; and
--ZAO Vankorneft.
Dobrovolcheskoy Brigady St., 15, Krasnoyarsk Territory 660077, Russia;
(2) Izhevsky Mekhanichesky Zavod JSC, a.k.a., the following one alias:
--Baikal.
8 Promyshlennaya Str., Izhevsk 426063, Russia;
(3) Neft-Aktiv LLC, a.k.a., the following two aliases:
--OOO Neft-Aktiv; and
--RN-Aktiv OOO.
Ulica Kaluzhskaya M., d., 15, str. 28, Moscow 119071, Russia;
(4) OJSC Achinsk Refinery, a.k.a., the following two aliases:
--Achinsk Refinery; and
--OAO Achinsk Oil Refinery VNK.
Achinsk Refinery industrial area, Bolsheuluisky district, Krasnoyarsk territory 662110, Russia;
(5) OJSC Angarsk Petrochemical Company, a.k.a., the following one alias:
--Angarsk Refinery.
Angarsk, Irkutsk region 665830, Russia; and 6 ul. K. Marksa, Angarsk 665830, Russia;
(6) OJSC Kuybyshev Refinery, a.k.a., the following two aliases:
--Kuibyshev Refinery; and
--OJSC Kuibyshev Refinery.
25 Groznenskaya st., Samara 443004, Russia;
(7) OJSC Novokuybyshev Refinery, a.k.a., the following one alias:
--Novokuibyshevsk Refinery.
Novokuibyshevsk, Samara region 446207, Russia;
(8) OJSC Orenburgneft, a.k.a., the following two aliases:
--OAO JSC Orenburgneft; and
--Orenburgneft.
Magistralnaya St., 2, Buzuluk, the Orenburg Region 461040, Russia; and st. Magistralynaya 2, Buzuluk 461040, Russia;
(9) OJSC RN Holding, a.k.a., the following one alias:
--RN Holding OAO.
60 Oktyabrskaya ul., Uvat 626170, Russia;
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(10) OJSC Samotlorneftegaz, a.k.a., the following two aliases:
--Samotlorneftegaz; and
--Samotlorneftegaz JSC.
Lenina St. 4, the Tyumen Region, Khanty-Mansiysk, Autonomous District, Nizhnevartovsk 628606, Russia;
(11) OJSC Syzran Refinery, a.k.a., the following two aliases:
--Open Joint-Stock Oil and Gas Company Syzran; and
--Syzran Refinery.
1 Astrakhanskaya st., Syzran, Samara region 446009, Russia; and Moskvorechje street 105, Building 8, Moscow 115523, Russia;
(12) Open Joint Stock Company Kontsern Izhmash, a.k.a., the following one alias:
--OJSC Kontsern Izhmash.
3 Deryabin Proezd, Izhevsk, Udmurt Republic 426006, Russia;
(13) PJSC Verkhnechonskneftegaz, a.k.a., the following two aliases:
--OJSC Verkhnechonskneftegaz; and
--Verkhnechonskneftegaz.
Baikalskaya St., 295 B, Irkutsk 664050, Russia;
(14) RN-Komsomolsky Refinery LLC, a.k.a., the following three aliases:
--Komsomolsk Refinery;
--LLC RN-Komsomolsk Refinery; and
--RN-Komsomolski NPZ OOO.
115 Leningradskaya st., Komsomolsk-on-Amur, Khabarovsk region 681007, Russia;
(15) RN-Yuganskneftegaz LLC, a.k.a., the following two aliases:
--RN-Yuganskneftegaz OOO; and
--Yuganskneftegaz.
Lenina St., 26, Nefteyugansk, Tyumen Region, 628309, Russia; and
(16) Southeast Trading Oy, a.k.a., the following one alias:
--Southeast Trading LTD.
St. Petersburg, Russia (See also addresses under Finland and Romania).
Switzerland
(1) Airfix Aviation Oy, Chemin des Papillons 4, Geneva/Cointrin 1216, Switzerland (See also address under Finland); and
(2) Rosneft Trading S.A., 2, Rue Place du Lac, 1204, Geneva, Switzerland.
Ukraine
(1) Private Joint-Stock Company Mako Holding, a.k.a., the following one alias:
--Mako Holding.
Bohdan Khmelnytsky Avenue, Building 102, Voroshilovsky District, Donetsk, Donetsk Oblast 83015, Ukraine.
United Kingdom
(1) Southport Management Services Limited, De Castro Street 24, Akara Building, Wickhams Cay 1, Road Town, Tortola, Virgin Islands, British (See also address under Cyprus).
Clarification to the Entity List for the Crimea Region of Ukraine
In addition to the changes described above, this final rule revises the reference to ``Crimea (occupied)'' on the Entity List to conform to how other references in the EAR refer to Crimea, such as section Sec. 746.6 (Crimea region of Ukraine), footnote 8 to the Commerce Country Chart in Supplement No. 1 to Part 738, and footnote 3 to the Country Groups in Supplement No. 1 to Part 740 of the EAR, which all refer to Crimea as the ``Crimea region of Ukraine.'' Therefore, to conform to those other EAR provisions, this final rule revises the Entity List to change all references of ``Crimea (occupied)'' to ``Crimea region of Ukraine.''
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
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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.
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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 Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395-7285.
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This rule does not contain policies with Federalism implications as that term is defined in Executive Order 13132.
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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 persons being added to the Entity List. If this rule were delayed to allow for notice and comment and a delay in effective date, then the 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, publishing a proposed rule would give these parties notice of the U.S. Government's intention to place them on the Entity List and would create an incentive for these persons 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
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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.
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The Department finds for the change described under the heading Clarification to the Entity List for the Crimea region of Ukraine that there is good cause under 5 U.S.C. 553(b)(B) to waive the provisions of the Administrative Procedure Act requiring prior notice and the opportunity for public comment because they are unnecessary. This change included in this final rule is limited to making a conforming change to how the Crimea region of Ukraine is referred to in the EAR. This revision is non-substantive; therefore, providing an additional opportunity for public comment on this correction is unnecessary.
In addition, BIS finds good cause to waive the 30-day delay in effectiveness under 5 U.S.C. 553(d)(3) because it will allow the clarification to go into effect immediately, which will reduce the potential for confusion among the public and make sure all members of the public are aware of how BIS interprets these Crimea region of Ukraine provisions as they relate to other EAR provisions.
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
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The authority citation for 15 CFR part 744 is revised 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 September 17, 2014, 79 FR 56475 (September 19, 2014); Notice of November 7, 2014, 79 FR 67035 (November 12, 2014); Notice of January 21, 2015, 80 FR 3461 (January 22, 2015); Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).
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Supplement No. 4 to part 744 is amended:
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By removing ``Crimea (occupied)'' and adding in its place the destination of ``Crimea region of Ukraine'' under the Country Column;
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By adding under the newly added Crimea region of Ukraine, in alphabetical order, six entities;
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By adding under Cyprus, in alphabetical order, three Cypriot entities;
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By adding under Finland, in alphabetical order, three Finnish entities;
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By adding in alphabetical order the destination of Romania under the Country Column, and one Romanian entity;
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By adding under Russia, in alphabetical order, sixteen Russian entities;
0
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By adding in alphabetical order the destination of Switzerland under the Country Column, and two Swiss entities;
0
-
By adding under Ukraine, in alphabetical order, one Ukrainian entity; and
0
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By adding under the United Kingdom, in alphabetical order, one British entity.
The additions read as follows:
Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
License review Federal Register
Country Entity License requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
CRIMEA REGION OF * * * * * *
UKRAINE.
State Enterprise Evpatoria For all items Presumption of 80 FR INSERT FR
Sea Commercial Port, subject to the denial. PAGE NUMBER 9/2/
a.k.a., the following eight EAR. (See Sec. 2015.
aliases: 744.11 of the EAR)
--Port of Evpatoria;
--Port of Yevpatoria;
--Seaport of Yevpatoriya;
--Yevpatoria Commercial
Seaport;
--Yevpatoria Merchant Sea
Port;
--Yevpatoria Sea Port;
--Yevpatoriya Commercial
Sea Port; and
--Yevpatoriya Sea Port
Mariners Square 1,
Evpatoria, Crimea 97416,
Ukraine; and 1, Moryakov
Sq, Yevpatoriya, Crimea
97408, Ukraine; and 1
Moryakov Sq., Yevpatoria,
Crimea 97416, Ukraine; and
1 Moryakov Sq, Yevpatoriya,
Crimea 97416, Ukraine.
* * * * * *
State Enterprise Feodosia For all items Presumption of 80 FR INSERT FR
Sea Trading Port, a.k.a., subject to the denial. PAGE NUMBER 9/2/
the following five aliases: EAR. (See Sec. 2015.
--Port of Feodosia; 744.11 of the EAR)
--Seaport of Feodosiya;
--Theodosia Commercial
Seaport;
--Theodosia Merchant Sea
Port; and
--Theodosia Sea Port
Page 52969
14 Gorky Street, Theodosia
98100, Ukraine,; and 14,
Gorky Str., Feodosiya,
Crimea 98100, Ukraine; and
Gorky Street 11, Feodosia,
Crimea 98100, Ukraine.
State Enterprise Kerch Sea For all items Presumption of 80 FR INSERT FR
Commercial Port, a.k.a., subject to the denial. PAGE NUMBER 9/2/
the following six aliases: EAR. (See Sec. 2015.
744.11 of the EAR)
--Kerch Commercial
Seaport;
--Kerch Merchant Sea Port;
--Kerch Sea Port;
--Port of Kerch;
--Seaport of Kerch; and
--State Enterprise Kerch
Commercial Sea Port
Kirova Street 28, Kerch,
Crimea 98312, Ukraine; and
28 Kirova Str., Kerch,
Crimea 98312, Ukraine; and
28, Kirov Str., Kerch,
Crimea 98312, Ukraine; and
Ul. Kirov, 28, Kerch,
Crimea 98312, Ukraine; and
ul Kirova 28, Kerch 98312,
Ukraine;
State Enterprise Sevastopol For all items Presumption of 80 FR INSERT FR
Sea Trading Port, a.k.a., subject to the denial. PAGE NUMBER 9/2/
the following seven EAR. (See Sec. 2015.
aliases: 744.11 of the EAR)
--Port of Sevastopol;
--Seaport of Sevastopol;
--Sevastopol Commercial
Seaport;
--Sevastopol Merchant Sea
Port;
--Sevastopol Sea Port;
--Sevastopol Sea Trade
Port; and
--State Enterprise
Sevastopol Commercial
Seaport
3 Place Nakhimova,
Sevastopol 99011, Ukraine;
and 5, Nakhimova square,
Sevastopol, Crimea 99011,
Ukraine; and Nahimova
Square 5, Sevastopol,
Crimea 99011, Ukraine.
State Enterprise Yalta Sea For all items Presumption of 80 FR INSERT FR
Trading Port, a.k.a., the subject to the denial. PAGE NUMBER 9/2/
following five aliases: EAR. (See Sec. 2015.
--Port of Yalta; 744.11 of the EAR)
--Seaport of Yalta
--Yalta Commercial
Seaport;
--Yalta Merchant Sea Port;
and
--Yalta Sea Port
Roosevelt Street 3, Yalta,
Crimea 98600, Ukraine; and
5, Roosevelt Str., Yalta,
Crimea 98600, Ukraine; and
5 Roosevelt Street, Yalta,
Crimea 98600, Ukraine.
State Shipping Company Kerch For all items Presumption of 80 FR INSERT FR
Sea Ferry, a.k.a., the subject to the denial. PAGE NUMBER 9/2/
following one alias: EAR. (See Sec. 2015.
--State Ferry Enterprise 744.11 of the EAR)
Kerch Ferry. Tselimbernaya
Street 16, Kerch, Crimea,
98307, Ukraine; and 16
Tselibernaya Street, Kerch,
Crimea 98307, Ukraine
----------------------------------------------------------------------------------------------------------------
CYPRUS................. * * * * * *
IPP Oil Products (Cyprus) For all items Presumption of 80 FR INSERT FR
Limited, 12 Esperidon subject to the denial. PAGE NUMBER 9/2/
Street, 4th Floor, Nicosia EAR. (See Sec. 2015.
1087, Cyprus 744.11 of the EAR)
* * * * * *
Rosneft Trade Limited, For all items See Sec. 80 FR INSERT FR
f.k.a., TNK Trade Limited. subject to the EAR 746.5(b) of the PAGE NUMBER 9/2/
Elenion Building 5 when used in EAR. 2015.
Themistokli Dervi, 2nd projects specified
floor, Lefkosia, Nicosia in Sec. 746.5 of
1066, Cyprus the EAR
Southport Management For all items Presumption of 80 FR INSERT FR
Services Limited, Nicosia, subject to the denial. PAGE NUMBER 9/2/
Cyprus (See also address EAR. (See Sec. 2015.
under United Kingdom) 744.11 of the EAR)
* * * * * *
----------------------------------------------------------------------------------------------------------------
Page 52970
* * * * * * *
----------------------------------------------------------------------------------------------------------------
FINLAND................ Airfix Aviation Oy, For all items Presumption of 80 FR INSERT FR
Tullimiehentie 4-6, Vantaa subject to the denial. PAGE NUMBER 9/2/
01530, Finland (See also EAR. (See Sec. 2015.
address under Switzerland) 744.11 of the EAR)
* * * * * *
Set Petrochemicals Oy, For all items Presumption of 80 FR INSERT FR
Ukonvaaja 2 A, Espoo 02130, subject to the denial. PAGE NUMBER 9/2/
Finland EAR. (See Sec. 2015.
744.11 of the EAR)
Southeast Trading Oy, For all items Presumption of 80 FR INSERT FR
a.k.a., the following one subject to the denial. PAGE NUMBER 9/2/
alias: EAR. (See Sec. 2015.
744.11 of the EAR)
--Southeast Trading LTD.
Espoo, Finland; and
Kannelkatu 8, Lappeenranta
53100, Finland; and PL 148,
Lappeenranta 53101, Finland
(See also addresses under
Romania and Russia)
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
ROMANIA................ Southeast Trading Oy, For all items Presumption of 80 FR INSERT FR
a.k.a., the following one subject to the denial. PAGE NUMBER 9/2/
alias: EAR. (See Sec. 2015.
744.11 of the EAR)
--Southeast Trading LTD.
Bucharest, Romania (See also
addresses under Finland and
Russia)
----------------------------------------------------------------------------------------------------------------
RUSSIA.................
----------------------------------------------------------------------------------------------------------------
* * * * * *
CJSC VANKORNEFT, a.k.a., the For all items See Sec. 80 FR INSERT FR
following two aliases: subject to the EAR 746.5(b) of the PAGE NUMBER 9/2/
when used in EAR. 2015.
projects specified
in Sec. 746.5 of
the EAR
--Vankorneft; and
--ZAO Vankorneft.
Dobrovolcheskoy Brigady St.,
15, Krasnoyarsk Territory
660077, Russia.
* * * * * *
Izhevsky Mekhanichesky Zavod For all items Presumption of 80 FR INSERT FR
JSC, a.k.a., the following subject to the denial. PAGE NUMBER 9/2/
one alias: EAR. (See Sec. 2015.
744.11 of the EAR)
--Baikal. 8 Promyshlennaya
Str., Izhevsk 426063, Russia
* * * * * *
Neft-Aktiv LLC, a.k.a., the For all items See Sec. 80 FR INSERT FR
following two aliases: subject to the EAR 746.5(b) of the PAGE NUMBER 9/2/
when used in EAR. 2015.
projects specified
in Sec. 746.5 of
the EAR
--OOO Neft
--Aktiv; and
--RN-Aktiv OOO. Ulica
Kaluzhskaya M., d., 15, str.
28, Moscow 119071, Russia
* * * * * *
OJSC Achinsk Refinery, For all items See Sec. 80 FR INSERT FR
a.k.a., the following two subject to the EAR 746.5(b) of the PAGE NUMBER 9/2/
aliases: when used in EAR. 2015.
--Achinsk Refinery; and projects specified
in Sec. 746.5 of
the EAR
--OAO Achinsk Oil Refinery
VNK. Achinsk Refinery
industrial area,
Bolsheuluisky district,
Krasnoyarsk territory
662110, Russia
Page 52971
OJSC Angarsk Petrochemical For all items See Sec. 80 FR INSERT FR
Company, a.k.a., the subject to the EAR 746.5(b) of the PAGE NUMBER 9/2/
following one alias: when used in EAR. 2015.
--Angarsk Refinery. Angarsk, projects specified
Irkutsk region 665830, in Sec. 746.5 of
Russia; and 6 ul. K. the EAR
Marksa, Angarsk 665830,
Russia
OJSC Kuybyshev Refinery, For all items See Sec. 80 FR INSERT FR
a.k.a., the following two subject to the EAR 746.5(b) of the PAGE NUMBER 9/2/
aliases: when used in EAR. 2015.
--Kuibyshev Refinery; and projects specified
--OJSC Kuibyshev Refinery. in Sec. 746.5 of
25 Groznenskaya st., Samara the EAR
443004, Russia
OJSC Novokuybyshev Refinery, For all items See Sec. 80 FR INSERT FR
a.k.a., the following one subject to the EAR 746.5(b) of the PAGE NUMBER 9/2/
alias: when used in EAR. 2015.
--Novokuibyshevsk Refinery. projects specified
Novokuibyshevsk, Samara in Sec. 746.5 of
region 446207, Russia the EAR
OJSC Orenburgneft, a.k.a., For all items See Sec. 80 FR INSERT FR
the following two aliases: subject to the EAR 746.5(b) of the PAGE NUMBER 9/2/
--OAO JSC Orenburgneft; and when used in EAR. 2015.
projects specified
in Sec. 746.5 of
the EAR
--Orenburgneft.
Magistralnaya St., 2,
Buzuluk, the Orenburg Region
461040, Russia; and st.
Magistralynaya 2, Buzuluk
461040, Russia
OJSC RN Holding, a.k.a., the For all items See Sec. 80 FR INSERT FR
following one alias: subject to the EAR 746.5(b) of the PAGE NUMBER 9/2/
--RN Holding OAO. 60 when used in EAR. 2015.
Oktyabrskaya ul., Uvat projects specified
626170, Russia in Sec. 746.5 of
the EAR
OJSC Samotlorneftegaz, For all items See Sec. 80 FR INSERT FR
a.k.a., the following two subject to the EAR 746.5(b) of the PAGE NUMBER 9/2/
aliases: when used in EAR. 2015.
--Samotlorneftegaz; and projects specified
--Samotlorneftegaz JSC. in Sec. 746.5 of
Lenina St. 4, the Tyumen the EAR
Region, Khanty-Mansiysk,
Autonomous District,
Nizhnevartovsk 628606,
Russia
OJSC Syzran Refinery, For all items See Sec. 80 FR INSERT FR
a.k.a., the following two subject to the EAR 746.5(b) of the PAGE NUMBER 9/2/
aliases: when used in EAR. 2015.
--Open Joint-Stock Oil and projects specified
Gas Company Syzran; and in Sec. 746.5 of
the EAR
--Syzran Refinery. 1
Astrakhanskaya st., Syzran,
Samara region 446009,
Russia; and Moskvorechje
street 105, Building 8,
Moscow 115523, Russia
Open Joint Stock Company For all items Presumption of 80 FR INSERT FR
Kontsern Izhmash, a.k.a., subject to the denial. PAGE NUMBER 9/2/
the following one alias: EAR. (See Sec. 2015.
744.11 of the EAR)
--OJSC Kontsern Izhmash. 3
Deryabin Proezd, Izhevsk,
Udmurt Republic 426006,
Russia.
* * * * * *
PJSC Verkhnechonskneftegaz, For all items See Sec. 80 FR INSERT FR
a.k.a., the following two subject to the EAR 746.5(b) of the PAGE NUMBER 9/2/
aliases: when used in EAR. 2015.
--OJSC projects specified
Verkhnechonskneftegaz; and in Sec. 746.5 of
the EAR
--Verkhnechonskneftegaz.
Baikalskaya St., 295 B,
Irkutsk 664050, Russia;
* * * * * *
RN-Komsomolsky Refinery LLC, For all items See Sec. 80 FR INSERT FR
a.k.a., the following three subject to the EAR 746.5(b) of the PAGE NUMBER 9/2/
aliases: when used in EAR. 2015.
--Komsomolsk Refinery; projects specified
in Sec. 746.5 of
the EAR
--LLC RN-Komsomolsk --RN-Komsomolski
Refinery; and NPZ OOO. 115
Leningradskaya st.,
Komsomolsk-on-Amur,
Khabarovsk region
681007, Russia
Page 52972
RN-Yuganskneftegaz LLC, For all items See Sec. 80 FR INSERT FR
a.k.a., the following two subject to the EAR 746.5(b) of the PAGE NUMBER 9/2/
aliases: when used in EAR. 2015.
--RN- Yuganskneftegaz OOO; projects specified
and in Sec. 746.5 of
the EAR
--Yuganskneftegaz. Lenina
St., 26, Nefteyugansk,
Tyumen Region, 628309,
Russia
* * * * * *
Southeast Trading Oy, For all items Presumption of 80 FR INSERT FR
a.k.a., the following one subject to the denial. PAGE NUMBER 9/2/
alias: EAR. (See Sec. 2015.
744.11 of the EAR)
--Southeast Trading LTD.
St. Petersburg, Russia (See
also addresses under Finland
and Romania)
* * * * * *
SWITZERLAND............ Airfix Aviation Oy, Chemin For all items Presumption of 80 FR INSERT FR
des Papillons 4, Geneva/ subject to the denial. PAGE NUMBER 9/2/
Cointrin 1216 Switzerland EAR. (See Sec. 2015.
(See also address under 744.11 of the EAR)
Finland)
Rosneft Trading S.A., 2, Rue For all items See Sec. 80 FR INSERT FR
Place du Lac, 1204, Geneva, subject to the EAR 746.5(b) of the PAGE NUMBER 9/2/
Switzerland when used in EAR. 2015.
projects specified
in Sec. 746.5 of
the EAR
----------------------------------------------------------------------------------------------------------------
UKRAINE................ * * * * * *
----------------------------------------------------------------------------------------------------------------
Private Joint-Stock Company For all items Presumption of 80 FR INSERT FR
Mako Holding, a.k.a., the subject to the denial. PAGE NUMBER 9/2/
following one alias: EAR. (See Sec. 2015.
--Mako Holding. Bohdan 744.11 of the EAR)
Khmelnytsky Avenue,
Building 102, Voroshilovsky
District, Donetsk, Donetsk
Oblast 83015, Ukraine
* * * * * *
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* * * * * * *
----------------------------------------------------------------------------------------------------------------
UNITED KINGDOM......... * * * * * *
Southport Management For all items Presumption of 80 FR INSERT FR
Services Limited, De Castro subject to the denial. PAGE NUMBER 9/2/
Street 24, Akara Building, EAR. (See Sec. 2015.
Wickhams Cay 1, Road Town, 744.11 of the EAR)
Tortola, Virgin Islands,
British (See also address
under Cyprus).
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: August 25, 2015.
Eric L. Hirschhorn,
Under Secretary of Commerce for Industry and Security.
FR Doc. 2015-21682 Filed 9-1-15; 8:45 am
BILLING CODE 3510-33-P
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