Federal Register - June 16, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Rules and Regulations DEPARTMENT OF COMMERCE
Bureau of Industry and Security 15 CFR Part 744
Docket No. 2106110126
RIN 0694AI55
Removal of Entity From the Entity List Bureau of Industry and Security, Commerce.
ACTION: Final rule.
AGENCY:
In this rule, the Bureau of Industry and Security BIS amends the Export Administration Regulations EAR by removing one entity located under two entries from the Entity List under the destinations of France and the United Arab Emirates UAE. These removals from the Entity List are made in connection with a request for removal that BIS received pursuant to the EAR
and a review of information provided in the request.
DATES: This rule is effective June 15, 2021.
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 4825991, Fax: 202 482
3911, Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background The Entity List supplement no. 4 to part 744 of the EAR identifies entities for which there is reasonable cause to believe, based on specific and articulable facts, that the entities have been involved, are involved, or 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
15 CFR parts 730774 impose additional license requirements on, and limit the availability of most license exceptions for, exports, reexports, and transfers in-country to listed entities.
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 relevant Federal Register document adding entities to the Entity List. BIS
places entities on the Entity List pursuant to 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,
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where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List and the Military End User MEU List. The ERC makes all decisions to add an entry to the Entity List and MEU List by majority vote and all decisions to remove or modify an entry by unanimous vote.
Entity List Decisions Removals From the Entity List This rule implements a decision of the ERC to remove Satori Corporation, an entity located in France and the UAE, from the Entity List on the basis of a removal request. The entries for Satori Corporation under the destinations of France and the UAE
were added to the Entity List on December 22, 2020 85 FR 83420, December 22, 2020. The ERC decided to remove this one entity with two entries based on information BIS
received pursuant to 744.16 of the EAR and the review the ERC conducted in accordance with procedures described in supplement no. 5 to part 744 of the EAR.
This final rule implements the decision to remove the following one entity under two entries, located in France and the UAE, from the Entity List:
France Satori Corporation.
UAE
Satori Corporation.
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which included the Export Control Reform Act of 2018
ECRA 50 U.S.C. 48014852. ECRA
provides the legal basis for BISs principal authorities and serves as the authority under which BIS issues this rule.
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 final rule has been designated to be not
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significant for purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is required to respond to or 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 06940088, Simplified Network Application Processing System, which includes, among other things, license applications, and carries a burden estimate of 29.6 minutes for a manual or electronic submission. Total burden hours associated with the PRA and OMB control number 06940088 are not expected to increase 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. Pursuant to section 1762 of ECRA
50 U.S.C. 4821, this action is exempt from the Administrative Procedure Act 5 U.S.C. 553 requirements for notice of proposed rulemaking, opportunity for public participation, and delay in effective date.
5. 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 730774 is amended as follows:
PART 744AMENDED
1. The authority citation for 15 CFR
part 744 continues to read as follows:
Authority: 50 U.S.C. 48014852; 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. 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
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