AGENCY:
Bureau of Industry and Security, Commerce.
ACTION:
Final rule.
SUMMARY:
This final rule amends the Export Administration Regulations (EAR) by adding seven persons to the Entity List. The seven 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. These seven persons will be listed on the Entity List under the destination of Pakistan.
DATES:
This rule is effective December 15, 2016.
Document Type: Rule
ERC Entity List Decisions
Additions to the Entity List
This rule implements the decision of the ERC to add seven entities to the Entity List. These seven entities are being added on the basis of § 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 seven entries added to the entity list consist of seven entries in Pakistan.
The ERC reviewed § 744.11(b) (Criteria for revising the Entity List) in making the determination to add these seven persons to the Entity List. Under that paragraph, persons and those acting on behalf of such persons may be added to the Entity List if there is reasonable cause to believe, based on specific and articulable facts, that they 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. Paragraphs (b)(1) through (5) of § 744.11 include an illustrative list of activities that could be contrary to the national security or foreign policy interests of the United States.
Pursuant to § 744.11(b) of the EAR, the ERC determined that seven persons, located in the destination of Pakistan, be added to the Entity List for actions contrary to the national security or foreign policy interests of the United States. The ERC determined that there is reasonable cause to believe, based on specific and articulable facts, that Ahad International; Engineering Solutions Pvt. Ltd.; National Engineering and Scientific Commission (NESCOM); three NESCOM subsidiaries: Air Weapons Complex (AWC), Maritime Technology Complex (MTC) and New Auto Engineering (NAE); and Universal Tooling Services, have been involved in actions contrary to the national security or foreign policy interests of the United States. These government, parastatal, and private entities in Pakistan are determined to be involved in activities that are contrary to the national security and/or foreign policy of the United States.
Pursuant to § 744.11(b) of the EAR, the ERC determined that the conduct of these seven persons raises sufficient concern that prior review of exports, reexports or transfers (in-country) of items subject to the EAR involving these persons, and the possible imposition of license conditions or license denials on shipments to the persons, will enhance BIS's ability to prevent violations of the EAR. Therefore, these seven persons are being added to the Entity List.
For the seven persons added to the Entity List, 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. The acronym “a.k.a.” (also known as) is used in entries on the Entity List to help exporters, reexporters and transferors better identify listed persons on the Entity List.
This final rule adds the following seven persons to the Entity List:
Pakistan
(1)
Ahad International,
Suite #5-6, 2nd Floor, Empress Tower, Empress Road, Lahore-54000, Pakistan;
and 11-12-13, 2nd Floor, Nomro Center, Badami Bagh, Lahore, Pakistan;
(2)
Air Weapons Complex (AWC),
AWC: E-5, Officers Colony, Wah Cantt, Punjab, Pakistan;
(3)
Engineering Solutions Pvt. Ltd.,
726, G-11/2. Ibne-Sina Road, Islamabad, Pakistan;
(4)
Maritime Technology Complex (MTC),
MTC: Plot 94, Karachi, Pakistan;
and
MTC: System Division, PN Dockyard, Karachi, Pakistan;
(5)
National Engineering and Scientific Commission (NESCOM),
NESCOM Head Quarter, Plot #94, Sector H-11/4, Islamabad, Pakistan;
(6)
New Auto Engineering (NAE),
NAE: 72, Industrial Area, Peshawar Road, Rawalpindi, Pakistan;
and
(7)
Universal Tooling Services, a.k.a., the following three aliases:
—Forward Design and Manufacturing;
—MSM Enterprises;
and
—Technopak Engineering.
Deen Plaza, 68/62, Adamjee Road, Saddar P.O. Box 1640, GPO Rawalpindi, Pakistan;
and G-7, Nimra Centre 7, Badami Bagh, Lahore, Pakistan;
and 31/B Faisal Town, Lahore, Punjab, Pakistan;
and Model Town, HMC Road, Taxila, Pakistan.
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 4, 2016,
81 FR 52587 (August 8, 2016), 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 Start Printed Page 90714approaches 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
Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395-7285.
3. This rule does not contain policies with Federalism implications as that term is defined in
Executive Order 13132.
4. The provisions of the Administrative Procedure Act (
5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public comment and a delay in effective date are inapplicable to this rule 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, 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 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 Subjects in 15 CFR Part 744
- Exports
- Reporting and recordkeeping requirements
- Terrorism
Accordingly, part 744 of the Export Administration Regulations (
15 CFR parts 730 through 774) is amended as follows:
PART 744—[AMENDED]
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 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 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); Notice of August 4, 2016,
81 FR 52587 (August 8, 2016).
2.Supplement No. 4 to part 744 is amended by adding under Pakistan, in alphabetical order, seven Pakistani entities to read as follows:
Supplement No. 4 to Part 744—Entity List
Country Entity License requirement License review policy Federal Registercitation
* * * * * * *
PAKISTAN
* * * * * *
Ahad International, Suite #5-6, 2nd Floor, Empress Tower, Empress Road, Lahore-54000, Pakistan;
and 11-12-13, 2nd Floor, Nomro Center, Badami Bagh, Lahore, Pakistan For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 81 FR [INSERT FR PAGE NUMBER], 12/15/16.
Air Weapons Complex (AWC), AWC: E-5, Officers Colony, Wah Cantt, Punjab, Pakistan For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 81 FR [INSERT FR PAGE NUMBER], 12/15/16.
* * * * * *
Engineering Solutions Pvt. Ltd., 726, G-11/2. Ibne-Sina Road, Islamabad, Pakistan For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 81 FR [INSERT FR PAGE NUMBER], 12/15/16.
* * * * * *
Maritime Technology Complex (MTC), MTC: Plot 94, Karachi, Pakistan;
and MTC: System Division, PN Dockyard, Karachi, Pakistan For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 81 FR [INSERT FR PAGE NUMBER], 12/15/16.
* * * * * *
National Engineering and Scientific Commission (NESCOM), NESCOM Head Quarter, Plot #94, Sector H-11/4, Islamabad, Pakistan For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 81 FR [INSERT FR PAGE NUMBER], 12/15/16.
* * * * * *
New Auto Engineering (NAE), NAE: 72, Industrial Area, Peshawar Road, Rawalpindi, Pakistan For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 81 FR [INSERT FR PAGE NUMBER], 12/15/16.
* * * * * *
Universal Tooling Services, a.k.a., the following three aliases: —Forward Design and Manufacturing; —MSM Enterprises;
and —Technopak Engineering. For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial. 81 FR [INSERT FR PAGE NUMBER], 12/15/16.
Deen Plaza, 68/62, Adamjee Road, Saddar P.O. Box 1640, GPO Rawalpindi, Pakistan;
and
—G-7, Nimra Centre 7, Badami Bagh, Lahore, Pakistan;
and 31/B Faisal Town, Lahore, Punjab, Pakistan;
and Model Town, HMC Road, Taxila, Pakistan.
* * * * * *
* * * * * * *
Dated: December 8, 2016.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc.
2016-30061 Filed 12-14-16; 8:45 am]
BILLING CODE 3510-33-P
https://www.federalregister.gov/doc...n-of-certain-persons-to-the-entity-list#print
