[Federal Register Volume 72, Number 110 (Friday, June 8, 2007)]
[Rules and Regulations]
[Pages 31716-31719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11126]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 736
[Docket No. 070523152-7153-01]
RIN 0694-AD99
Amendment to General Order No. 3: Expansion of the General Order
and Addition of Certain Persons
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security is revising the Export
Administration Regulations (EAR) by amending a general order published
in the Federal Register on June 5, 2006 and later amended on September
6, 2006 to add nine additional persons. The general order imposed a
license requirement for exports and reexports of all items subject to
the EAR where the transaction involved Mayrow General Trading
(``Mayrow'') or entities related, as specified in that general order.
The order also prohibited the use of License Exceptions for exports or
reexports of any items subject to the EAR involving such entities.
This rule will expand the general order and add sixteen additional
persons to it. Pursuant to the expansion, the general order will cover:
(i) Persons regarding whom the U.S. Government possesses information of
affiliation or relationship to Mayrow; and (ii) other persons regarding
whom the U.S. Government possesses information concerning the
acquisition or attempted acquisition of commodities capable of being
used to construct IEDs, as well as persons who are related to or
affiliated with such persons. The order will apply to persons
specifically listed who fit within either of these two groups. To
reflect this expansion, this rule will update the heading of the
general order to use the term ``persons''.
In total, pursuant to this expansion, this rule will add the
following sixteen persons to the general order, listed in alphabetical
order: Al-Faris; Ali Akbar Yahya; Amir Mohammad Zahedi; EKT
Electronics; Encyclopedia Electronics Center; Frank Lam; GBNTT; Majid
Seif; Mohammed Katranji; Neda Industrial Group; Nedayeh Micron
Electronics; Sayed-Ali Hosseini; Speedy Electronics Ltd.; United
Sources Industrial Enterprises; Vast Solution Sdn Bhd.; and Y-Sing
Components Limited.
EFFECTIVE DATE: This rule is effective June 8, 2007. Although there is
no formal comment period, public
[[Page 31717]]
comments on this regulation are welcome on a continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AD99, by any
of the following methods:
E-mail: [email protected]. Include ``RIN 0694-AD99'' in
the subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy Division,
by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230,
Attn: RIN 0694-AD99.
Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to David
Rostker, Office of Management and Budget (OMB), by e-mail to [email protected], or by fax to (202) 395-7285; and to the Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, P.O. Box 273, Washington, DC 20044. Comments on this
collection of information should be submitted separately from comments
on the final rule (i.e. RIN 0694-AD99)--all comments on the latter
should be submitted by one of the three methods outlined above.
FOR FURTHER INFORMATION CONTACT: John Sonderman, Assistant Director for
Operations, Office of Export Enforcement, Bureau of Industry and
Security, Department of Commerce, P.O. Box 273, Washington, DC 20044;
Phone: (202) 482-1208, x 3; E-mail: [email protected]; Fax: (202) 482-
0964.
SUPPLEMENTARY INFORMATION:
Background
Expansion of the General Order
Pursuant to 15 CFR parts 736 and 744 (2006), General Order No. 3,
which was published on June 5, 2006 and subsequently amended on
September 6, 2006, imposed a license requirement for exports and
reexports of all items subject to the EAR (15 CFR parts 730-774) where
the transaction involved Mayrow or related entities.
Prior to this rule, the general order listed persons who were
related to Mayrow and concerning whom the U.S. Government possessed
information regarding the acquisition or attempted acquisition by them
of electronic components and devices (``commodities'') capable of being
used in the construction of Improvised Explosive Devices (``IEDs'').
These commodities have been, and may continue to be, employed in IEDs
or other explosive devices used against Coalition Forces in Iraq and
Afghanistan.
In light of additional information that the U.S. Government has
received regarding continuing activity relating to commodities that are
capable of use in the construction of IEDs, as well as a broader
concern relating to the risk of diversion of commodities for such a
purpose, this rule will expand the scope of the general order.
First, the general order will cover persons whom the U.S.
Government, including the U.S. Department of Commerce, has reason to
believe, based on specific and articulable facts, are affiliated with
or related to Mayrow. Inclusion of such persons will guard against the
risk that persons may attempt to evade the general order's bar on
unlicensed exports or reexports to Mayrow by diverting commodities to
Mayrow or to persons who are affiliated with or related to Mayrow. The
general order will cover such persons by specifically listing them.
Second, the general order will cover persons whom the U.S.
Government, including the U.S. Department of Commerce, has reason to
believe, based on specific and articulable facts, have acquired or
attempted to acquire commodities that are capable of being used in the
construction of IEDs. These commodities have been, and may continue to
be, employed in IEDs or other explosive devices used against Coalition
Forces in Iraq and Afghanistan. The general order will cover such
persons by specifically listing them. To guard against the risk of
diversion of such commodities for IED-related purposes, the order will
also specifically list the persons who are affiliated with or related
to such persons.
To reflect this expansion, this rule will update the heading of the
general order. This rule will use the term ``persons,'' as defined in
15 CFR 772.1, rather than ``entities,'' as the term ``persons'' covers
individuals, organizations and entities. Pursuant to this rule, the
general order will list alphabetically all of the persons subject to
the order. For each person, the order will indicate the date on which
the person was added to the order. All of the persons will be listed in
paragraph (a). All of the persons listed will be subject to the same
license requirements and limitations on the use of license exceptions.
License applications involving these persons will be subject to a
general policy of denial.
Addition of Certain Persons
Specifically, pursuant to the expansion described above, this rule
adds sixteen additional persons, listed in alphabetical order, to
General Order No. 3 as follows:
Al-Faris, RAK Free Zone, P.O. Box 10559, Ras Al Khaimah, U.A.E.;
Ali Akbar Yahya, 505 Siraj Building 17B Street, Mankhool, Dubai,
U.A.E.;
Amir Mohammad Zahedi, RAK Free Zone, P.O. Box 10559, Ras Al
Khaimah, U.A.E.;
EKT Electronics, 1st floor, Abbasieh Building, Hijaz Street, P.O.
Box 10112, Damascus, Syria; and 1st floor, Hujij Building, Korniche
Street, P.O. Box 817 No. 3, Beirut, Lebanon;
Encyclopedia Electronics Center, Musalam Al-Baroudi Street,
Halbouni, Damascus, Syria;
Frank Lam, 1206-7, 12/F New Victory House, Hong Kong;
GBNTT, No. 34 Mansour Street, Tehran, Iran;
Majid Seif, 27-06 Amcorp Building, Jalan 18, Persiaran Barat 46050
Petaling Jaya, Selangor, Malaysia;
Mohammed Katranji, 1st floor, Abbasieh Building, Hijaz Street, P.O.
Box 10112, Damascus, Syria; and 1st floor, Hujij Building, Korniche
Street, P.O. Box 817 No. 3, Beirut, Lebanon;
Neda Industrial Group, No. 10 and 12, 64th St. Jamalodin Asadabadi
Avenue, Tehran, Iran;
Nedayeh Micron Electronics, No. 34 Mansour St., Tehran, Iran;
Sayed-Ali Hosseini, 201 Latifah Building, Al Maktoum St., Dubai,
U.A.E.;
Speedy Electronics Ltd., 1206-7, 12/F New Victory House, Hong Kong;
United Sources Industrial Enterprises, 11/F, Excelsior Building,
68-76 Sha Tsui Road, Hong Kong;
Vast Solution Sdn Bhd., 27-06 Amcorp Building, Jalan 18, Persiaran
Barat, 46050 Petaling Jaya, Selangor, Malaysia; and
Y-Sing Components Limited, Unit 401, Harbour Ctr., Tower 2, 8 Hok
Cheung Street, Hung Hom, Kowloon, Hong Kong.
Under this order, a BIS license is required for the export or
reexport of any item subject to the EAR to any of the above-named
persons, including any transaction in which any of the above-named
persons will act as purchaser, intermediate consignee, ultimate
consignee, or end-user of the items. This order also prohibits the use
of License Exceptions (see part 740 of the EAR) for exports and
reexports of items subject to the EAR involving such persons.
Consistent with section 6 of the Export Administration Act of 1979,
as
[[Page 31718]]
amended (50 U.S.C. app. 2401-2420) (2000) (the ``Act''), a foreign
policy report was submitted to Congress on June 6, 2007, notifying
Congress of the expansion of the general order and the imposition of a
control in the form of a licensing requirement for exports and
reexports of all items subject to the EAR destined to the persons
listed in the order. The report also notified Congress that sixteen
additional persons are added to General Order No. 3 with this final
rule.
On June 5, 2007, BIS published a proposed rule in the Federal
Register titled, ``Authorization to Impose License Requirements for
Exports or Reexports to Entities Contrary to the National Security or
Foreign Policy Interests of the United States''. RIN 0694-AD92. That
proposed rule, among other proposed changes related to the Entity List
(Supplement No. 4 to Part 744 of the EAR), would create a new Sec.
744.11 to authorize BIS to add to the Entity List entities that BIS has
reasonable cause to believe, based on specific and articulable facts,
have been, are or pose a risk of being involved in activities that are
contrary to the national security or foreign policy interests of the
United States or those acting on behalf of such entities. If that rule
is published as a final rule, it may provide a basis for adding persons
such as those listed in this expanded General Order No. 3 to the Entity
List. Interested parties may include references to this final rule, RIN
0694-AD99, in their public comments submitted for RIN 0694-AD92, as
outlined in that proposed rule under the Request for Comments section
of the preamble.
Since August 21, 2001, the Act has been in lapse and the President,
through Executive Order 13222 of August 17, 2001 (3 CFR 2001 Comp. 783
(2002)), as extended most recently by the Notice of August 3, 2006 (71
FR 44551 (August 7, 2006)), has continued the EAR in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706
(2000)) (``IEEPA''). BIS continues to carry out the provisions of the
Act, as appropriate and to the extent permitted by law, pursuant to
Executive Order 13222.
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. Total burden hours associated with the Paperwork Reduction
Act and Office and Management and Budget control number 0694-0088 are
expected to increase slightly as a result of this rule.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States. (See 5 U.S.C. 553(a)(1)) Further, no other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule by 5 U.S.C. 553, or by any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et. seq., are not applicable.
List of Subjects in 15 CFR Part 736
Exports, foreign trade.
0
Accordingly, part 736 of the Export Administration Regulations (15 CFR
part 736) is amended as follows:
PART 736--[AMENDED]
0
1. The authority citation for 15 CFR part 736 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. 2151 (note), Pub. L. 108-175; E.O. 12938, 59 FR 59099, 3
CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp.
p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR
26751, May 13, 2004; Notice of August 3, 2006, 71 FR 44551 (August
7, 2006); Notice of October 27, 2006, 71 FR 64109 (October 31,
2006).
0
2. General Order 3 to Supplement No. 1 to part 736, is revised to read
as follows:
Supplement No. 1 to Part 736--General Orders
* * * * *
General Order No. 3 of June 5, 2006, as amended on September 6,
2006 and June 8, 2007; Imposition of license requirement for exports
and reexports of items subject to the EAR to persons, including
persons affiliated with or related to such persons, as designated in
paragraph (a) of this general order.
(a) License requirements. A license is required to export or
reexport any item subject to the EAR to the persons listed in
paragraph (a) of this general order. This license requirement also
applies to specifically listed affiliated and related persons. This
license requirement is effective for each listed person on the date
that person was added to the general order, as specified in
paragraph (a).
(1) A license is required to export or reexport any item subject
to the EAR to these persons as follows: A.H. Shamnad (added on
September 6, 2006); Akbar Ashraf Vaghefi (added on September 6,
2006); Al-Faris (added on June 8, 2007); Ali Akbar Yahya (added on
June 8, 2007); Amir Mohammad Zahedi (added on June 8, 2007); Atlinx
Electronics (added on June 5, 2006); EKT Electronics (added on June
8, 2007); Encyclopedia Electronics Center (added on June 8, 2007);
Farrokh Nia Yaghmaei, a.k.a., Farrokh Nia Yaghmayi (added on June 5,
2006); Frank Lam (added on June 8, 2007); GBNTT (added on June 8,
2007); H. Ghasir (added on June 5, 2006); Hamed Athari (added on
September 6, 2006); IKCO Trading GmbH (added on September 6, 2006);
Majid Seif (added on June 8, 2007); Majidco Micro Electronics (added
on June 5, 2006); Mayrow General Trading (added on June 5, 2006);
Mayrow Technics Co. (added on September 6, 2006); Micatic General
Trading (added on June 5, 2006); Micro Middle East Electronics
(added on June 5, 2006); Mohammed Katranji (added on June 8, 2007);
Mostafa Salehi (added on September 6, 2006); Narinco (added on June
5, 2006); Neda Industrial Group (added on June 8, 2007); Neda
Overseas Electronics L.L.C. (added on September 6, 2006); Nedayeh
Micron Electronics (added on June 8, 2007); Pyramid Technologies
(added on September 6, 2006); S. Basheer (added on September 6,
2006); Sayed-Ali Hosseini (added on June 8, 2007); Speedy
Electronics Ltd. (added on June 8, 2007); United Sources Industrial
Enterprises (added on June 8, 2007); Vast Solution Sdn Bhd. (added
on June 8, 2007); and Y-Sing Components Limited (added on June 8,
2007). This license requirement applies with respect to any
transaction in which any of the above-named persons will act as
purchaser, intermediate consignee, ultimate consignee, or end-user
of the items.
(2) All persons described in paragraph (a) are located in Dubai,
United Arab Emirates, except for Akbar Ashraf Vaghefi (located in
Germany and Dubai, United Arab Emirates); EKT Electronics (located
in Syria and Lebanon); Encyclopedia Electronics Center (located in
Syria); Frank Lam (located in Hong Kong); GBNTT (located in Iran);
IKCO Trading GmbH (located in Germany); Majid Seif (located in
Malaysia); Mohammed
[[Page 31719]]
Katranji (located in Syria and Lebanon); Neda Industrial Group
(located in Iran); Nedayeh Micron Electronics (located in Iran);
Speedy Electronics Ltd. (located in Hong Kong); United Sources
Industrial Enterprises (located in Hong Kong); Vast Solution Sdn
Bhd. (located in Malaysia); and Y-Sing Components Limited (located
in Hong Kong).
(b) License Exceptions. No License Exceptions are available for
exports or reexports involving the persons described in paragraph
(a) of this General Order.
(c) Licensing Policy. License applications involving the persons
described in paragraph (a) of the General Order will be subject to a
general policy of denial.
Dated: June 5, 2007.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
[FR Doc. E7-11126 Filed 6-7-07; 8:45 am]
BILLING CODE 3510-33-P