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DEPARTMENT OF COMMERCE
Industry and Security Bureau
Docket ID: [Docket No. 080507636-8637-01]
NOTICE: NOTICES
ACTION: National Defense Stockpile Market Impact Committee; Request for Public Comments:
DOCUMENT ACTION: Notice.
SUBJECT CATEGORY: Revisions to the Unverified List--Guidance as to ``Red Flags'' Under Supplement No. 3 to 15 CFR Part 732
DATES: This notice is effective September 30, 2008.
DOCUMENT SUMMARY: On June 14, 2002, the Bureau of Industry and Security (``BIS'') published a notice in the Federal Register that set forth a list of persons in foreign countries who were parties to past export transactions where prelicense checks (``PLC'') or postshipment verifications (``PSV'') could not be conducted for reasons outside the control of the U.S. Government (``Unverified List''). Additionally, on July 16, 2004, BIS published a notice in the Federal Register that advised exporters that the Unverified List would also include persons in foreign countries in transactions where BIS is not able to verify the existence or authenticity of the enduser, intermediate consignee, ultimate consignee, or other party to the transaction. These notices advised exporters that the involvement of a listed person as a party to a proposed transaction constitutes a ``red flag'' as described in the guidance set forth in Supplement No. 3 to 15 CFR Part 732, requiring heightened scrutiny by the exporter before proceeding with such a transaction. The notices also stated that, when warranted, BIS would remove persons from the Unverified List. This notice removes one entity from the Unverified List based upon recently conducted PSVs or scheduled PSVs. The entity is: Fuchs Oil Middle East Ltd., P.O. Box 7955, Sharjah Airport Intl. Free Zone, Sharjah, United Arab Emirates.
SUMMARY: Revisions to the Unverified List - Guidance as to “Red Flags” Under Supplement No. 3 to 15 C.F.R. Part 732,
SUPPLEMENTAL INFORMATION
In administering export controls under the Export Administration Regulations (15 CFR Parts 730 to 774) (``EAR''), BIS carries out a number of preventive enforcement activities with respect to individual export transactions. Such activities are intended to assess diversion risks, identify potential violations, verify end uses, and determine the suitability of endusers to receive U.S. commodities or technology. In carrying out these activities, BIS officials, or officials of other federal agencies acting on BIS's behalf, conduct PLCs in appropriate situations to verify the bona fides of the transaction and the suitability of the enduser or ultimate consignee. In addition, such officials sometimes carry out PSVs to ensure that U.S. exports have actually been delivered to the authorized enduser, are being used in a manner consistent with the terms of a license or license exception, and are otherwise consistent with the EAR. In a notice issued on June 14, 2002 (67 FR 40910), BIS set forth an
Unverified List of certain foreign endusers and consignees involved in export transactions where BIS officials, or other
[[Page 56794]]
federal officials acting on BIS's behalf, were unable to perform a PLC
or PSV with respect to certain export transactions for reasons outside
the control of the U.S. Government (including a lack of cooperation by
the host government authority, the enduser, or the ultimate
consignee). On July 16, 2004, BIS published a notice in the Federal
Register that advised exporters that the Unverified List would also
include persons in foreign countries in transactions where BIS is not
able to verify the existence or authenticity of the enduser,
intermediate consignee, ultimate consignee, or other party to the
transaction. The notices further stated that BIS may periodically remove names of persons from the list when warranted.
On October 19, 2006, BIS added to the Unverified List Fuchs Oil Middle East Ltd., P.O. Box 7955, Sharjah Airport Intl. Free Zone, Sharjah, United Arab Emirates because BIS was unable to conduct a PLC, a PSV, and/or was unable to verify the existence or authenticity of an end user, intermediate consignee, ultimate consignee, or other party to an export transaction. 71 FR 61706. This notice removes the Fuchs Oil Middle East Ltd. entry from the Unverified List because BIS recently conducted or scheduled a PSV.
The Unverified List, as modified by this notice, is set forth below.
Dated: September 12, 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
Unverified List (As of May 2, 2008)
The Unverified List includes names, countries, and last known
addresses of foreign persons involved in export transactions with
respect to which: the Bureau of Industry and Security (``BIS'') could
not conduct a pre license check (``PLC'') or a post shipment
verification (``PSV'') for reasons outside of the U.S. Government's
control; BIS was not able to verify the existence or authenticity of
the end user, intermediate consignee, ultimate consignee or other party
to an export transaction; and/or the person is affiliated with a person
on the Unverified List by virtue of ownership, control, position of
responsibility, or other affiliation or connection in the conduct of
trade or business. Any transaction to which a listed person is a party
will be deemed to raise a ``red flag'' with respect to such transaction
within the meaning of the guidance set forth in Supplement No. 3 to 15
CFR Part 732. The red flag applies to the person on the Unverified List
regardless of where the person is located in the country included on the list.
Name Country Last known address
Lucktrade International.............. Hong Kong Special P.O. Box 91150, Tsim Sha Tsui, Hong Kong.
Administrative Region.
Brilliant Intervest.................. Malaysia............... 141, Persian 65C, Jalan Pahang Barat, Kuala
Lumpur, 53000.
Dee Communications M SDN. BHD........ Malaysia............... G5/G6, Ground Floor, Jin Gereja, Johor Bahru.
Peluang Teguh........................ Singapore.............. 203 Henderson Road
Vitaswiss Limited.................... United Arab Emirates... PO Box 61069, Office
JSC Chop VityazS.................... Russia................. 146 Unikh Pionerov Ave, Samara, Russia.
Sistem Dizayners Co.................. Baku, Azerbaijan....... APA: 2 NO.: 60, Merdanov Gardashlari St., Baku,
Azerbaijan. [FR Doc. E822985 Filed 92908; 8:45 am]
BILLING CODE 351033P
FOR FURTHER INFORMATION CONTACT Todd E. Willis, Assistant Director, Office of Enforcement Analysis, Bureau of Industry and Security, Telephone Number: (202) 4824255.
Common CFR Searches
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 47 CFR Part 73 26 CFR Part 1 50 CFR Part 679 40 CFR Part 180 50 CFR Part 17 33 CFR Part 117 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 40 CFR Part 63 6 CFR Part 5 33 CFR Part 100 50 CFR Part 622 50 CFR Part 660 26 CFR Part 301 44 CFR Part 65 39 CFR Part 111 40 CFR Part 271 40 CFR Part 300 47 CFR Part 64 40 CFR Parts 52 and 81 50 CFR Part 665 39 CFR Part 3020 50 CFR Part 229 44 CFR Part 64 49 CFR Part 571