BIS (USA) erweitert Einträge auf der Entity List und setzt empfängerbezogene Genehmigungserfordernisse auch für deutsche Empfäger fest - einige Einträge wurden suspendiert

Additions to the Entity List

This rule implements the decision of the ERC to add thirteen persons to the Entity List on the basis of § 744.11 of the EAR. For all of the thirteen persons

added to the Entity List, the ERC specified a license requirement for all items subject to the EAR and established a license application review policy of a

general policy of denial. The license requirement applies to any transaction in which items are to be exported or reexported to such persons or in which

such persons act as purchaser, intermediate consignee, ultimate consignee, or end-user. In addition, no license exceptions are available for shipments to those persons being added to the Entity List.

Specifically, this rule adds the following thirteen persons to the Entity List:

Germany

(1) Christof Schneider, Margaretenweg

#10, 42929 Wermelskirchen, Germany;

(2) Hans Werner Schneider, Bertha

von Suttner Weg #1, 42929

Wermelskirchen, Germany; and

(3) Schneider GMBH, Thomas Mann

Str. 35–37, 42929 Wermelskirchen,

Germany; and P.O. Box 1523,

Wermelskirchen, 42908 DE; and

Thomas Mann Str., 35–37, P.O. Box

1523, Wermelskirchen, 42908 DE.

Hong Kong

(4) Able City Development Limited,

Unit C, 9/F Neich Tower, 128

Gloucester Road, Wanchai, Hong Kong;

and Unit 401, Harbour Ctr., Tower 2, 8

Hok Cheung Street, Hung Hom,

Kowloon, Hong Kong;

(5) Sik Yin Ngai, a.k.a., Spencer Ngai,

Unit 401, Harbour Ctr., Tower 2, 8 Hok

Cheung Street Hung Hom, Kowloon,

Hong Kong;

(6) Siu Ching Ngai, a.k.a., Terry Ngai,

Unit C, 9/F Neich Tower, 128

Gloucester Road, Wanchai, Hong Kong;

(7) Sysdynamic Limited, Unit 716A,

7/F Enterprise Place (Building 9), No. 5

Science Park West Avenue, Hong Kong

Science Park, Shatin, New Territories,

Hong Kong; and Unit 401, Harbour Ctr.,

Tower 2, 8 Hok Cheung Street, Hung

Hom, Kowloon, Hong Kong; and

(8) Tam Shue Ngai, Unit C, 9/F Neich

Tower, 128 Gloucester Road, Wanchai,

Hong Kong.

Ireland

(9) Mac Aviation Group, a.k.a., Mac

Aviation Limited, Cloonmull House,

Drumcliffe, County Sligo, Ireland;

(10) Mac Aviation Nigeria, Cloonmull

House, Drumcliffe, County Sligo,

Ireland;

(11) Sean Byrne, Cloonmull House,

Drumcliffe, County Sligo, Ireland;

(12) Sean McGuinn, Cloonmull

House, Drumcliffe, County Sligo,

Ireland; and

(13) Thomas McGuinn a.k.a., Tom

McGuinn, Cloonmull House, Drumcliffe,

County Sligo, Ireland.

 

A BIS license is required for the export or reexport of any item subject to the EAR to any of the persons listed above, including any transaction in which any of the listed persons will act as purchaser, intermediate consignee, ultimate consignee, or end-user of the items. This listing of these persons 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.

 

Removal From the Entity List

 

One person being removed from the Entity List with this rule is removed on the basis of the results of the annual review of the Entity List that was conducted by the ERC in accordance with the procedures outlined in Supplement No. 5 to part 744.

The entity is located in Pakistan:

Pakistan

(1) Karachi CBW Research Institute,

University of Karachi’s Husein Ebrahim

Jamal Research Institute of Chemistry

(HEJRIC).

 

Two additional persons are being removed under this rule as a result of the submission of a formal request for removal based upon the procedures outlined in § 744.16 of the EAR. These two entities are located in the United Arab Emirates:

United Arab Emirates

(2) Feroz Jafar, Al Salam St., P.O. Box

2946 Abu Dhabi, U.A.E.; and

(3) Telectron, Al Salam St., P.O. Box

2946, Abu Dhabi, U.A.E.

 

The removal of these three persons from the Entity List eliminates the existing license requirements in Supplement No. 4 to part 744 for exports and reexports to these persons. However, the removal of these persons from the Entity List does not relieve persons of other obligations under part 744 of the EAR or under other parts of the EAR. Neither the removal of a person from the Entity List nor the removal of Entity List-based license requirements relieves persons of their

obligations under General Prohibition 5 in § 736.2(b)(5) of the EAR which provides that, ‘‘you may not, without a license, knowingly export or reexport any item subject to the EAR to an enduser or end-use that is prohibited by part 744 of the EAR.’’ Nor do such removals relieve persons of their obligation to apply for export or reexport licenses required by other provisions of the EAR. BIS strongly urges the use of Supplement No. 3 to part 732 of the EAR, ‘‘BIS’s ‘Know Your

Customer’ Guidance and Red Flags,’’ when persons are involved in transactions that are subject to the EAR. Correction to the Entity List This rule revises the address provided for one person that was listed on the Entity List from the United Arab Emirates. Specifically, this rule to correct an inadvertent removal of the

name of the city where the person is located, which occurred in a December 5, 2008 (73 FR 73999) final rule that revised this entry.

This rule revises the name and address of this one listed person, as follows:

United Arab Emirates

(1) Advanced Technology General

Trading Company, Dubai, U.A.E. (See

alternate address under Kuwait).

 

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 on dock for loading, on lighter, laden aboard an exporting or reexporting carrier, or en route aboard a carrier to a port of export or reexport, on July 21, 2009, 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) so long as they are exported or reexported before August 20, 2009. Any such items not actually exported or reexported before midnight on August 20, 2009, require a license in accordance with this rule.