Revisions to the Unverified List-Guidance as to “Red Flags” Under Supplement No. 3 to 15 CFR Part 732

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 080507636-8637-01]

Revisions to the Unverified List—Guidance as to “Red Flags” Under Supplement No. 3 to 15 CFR Part 732

AGENCY:

Bureau of Industry and Security, Commerce.

ACTION:

Notice.

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 pre-license checks (“PLC”) or post-shipment 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 end-user, 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.

DATES:

This notice is effective September 30, 2008.

FOR FURTHER INFORMATION CONTACT:

Todd E. Willis, Assistant Director, Office of Enforcement Analysis, Bureau of Industry and Security, Telephone Number: (202) 482-4255.

SUPPLEMENTARY 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 end-users 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 end-user or ultimate consignee. In addition, such officials sometimes carry out PSVs to ensure that U.S. exports have actually been delivered to the authorized end-user, 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 end-users and consignees involved in export transactions where BIS officials, or other

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 end-user, 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 end-user, 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 Administrative Region

P.O. Box 91150, Tsim Sha Tsui, Hong Kong.

Brilliant Intervest

Malaysia

14-1, 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 #09-05H, Henderson Industrial Park.

Lucktrade International PTE Ltd

Singapore

35 Tannery Road #01-07 Tannery Block, Ruby Industrial Complex, Singapore 347740.

Arrow Electronics Industries

United Arab Emirates

204 Arbift Tower, Benyas Road, Dubai.

Jetpower Industrial Ltd

Hong Kong Special Administrative Region

Room 311, 3rd Floor, Wing On Plaza, 62 Mody Road, Tsim Sha Tsui East, Kowloon.

Onion Enterprises Ltd

Hong Kong Special Administrative Region

Room 311, 3rd Floor, Wing On Plaza, 62 Mody Road, Tsim Sha Tsui East, Kowloon.

Lucktrade International

Hong Kong Special Administrative Region

Room 311, 3rd Floor, Wing On Plaza, 62 Mody Road, Tsim Sha Tsui East, Kowloon.

Litchfield Co. Ltd

Hong Kong Special Administrative Region

Room 311, 3rd Floor, Wing On Plaza, 62 Mody Road, Tsim Sha Tsui East, Kowloon.

Sunford Trading Ltd

Hong Kong Special Administrative Region

Unit 2208, 22/F118 Connaught Road West.

Parrlab Technical Solutions, LTD

Hong Kong Special Administrative Region

1204, 12F Shanghai Industrial Building, 48-62 Hennesey Road, Wan Chai.

T.Z.H. International Co. Ltd

Hong Kong Special Administrative Region

Room 23, 2/F, Kowloon Bay Ind Center, No. 15 Wany Hoi Rd, Kowloon Bay.

Design Engineering Center

Pakistan

House 184, Street 36, Sector F-10/1, Islamabad.

Kantry

Russia

13/2 Begovaya Street, Moscow.

Etalon Company

Russia

20B Berezhkovskaya Naberezhnaya, Moscow.

Pskovenergo Service

Russia

47-A Sovetskaya Street, Pskov, Russia Federation, 180000.

Sheeba Import Export

Yemen

Hadda Street, Sanaa.

Aerospace Consumerist Consortium FZCO

United Arab Emirates

Sheikh Zayed Road, P.O. Box 17951, Jebel Ali Free Zone, Dubai and Dubai International Airport, Dubai, 3365.

Medline International LLC

United Arab Emirates

P.O. Box 86343, Dubai.

Al Aarif Factory Equipment Trading LLC

United Arab Emirates

Sheikh Fahad Saad Alsbah Bldg., Al Maktoum Street, P.O. Box 28162, Dubai, UAE (also located in Al Quoz district of Dubai).

Al-Thamin General Trading LLC

United Arab Emirates

P.O. Box 41364, Dubai, UAE.

Amiran Trading Company

United Arab Emirates

Arbift Tower, 1st Floor, Flat No. 1803, Deira, UAE, also P.O. Box 6 1463, Jebel Ali, Dubai, UAE.

Bazar Trading Co

United Arab Emirates

Baniyas Tower, Suite 212, Dubai, UAE.

Davood Khosrojerdi, dba Al Musafer Tourism and Cargo

United Arab Emirates

Concord Tower, Al Maktoum Street, PO Box 77900, Dubai, UAE.

Part Tech Co

United Arab Emirates

Baniyas Tower, Suite 212, Dubai, UAE.

Parto Abgardan

United Arab Emirates

Showroom #5, Sheikh Rashid bin Khalifa al Maktoum building, Dubai, UAE.

Reza Nezam Trading

United Arab Emirates

Al Dana Center, Al Maktoum Street, P.O. Box 41382, Dubai, UAE.

Sarelica (Sar Elica) FZC

United Arab Emirates

Bldg. #3, Office No. 3 G-08, P.O. Box 41 71 0, Hamariya Free Zone, Sharjah, UAE.

Semicom Technology International LLC

United Arab Emirates

Office No. 18, 6th Floor, Horizons Business Centre, Al-Doha Centre, Al-Maktoum St., P.O. Box 41096, Dubai, UAE.

Vitaswiss Limited

United Arab Emirates

PO Box 61069, Office #R/A 8 CB03, UAE.

Centre Bright Company

Hong Kong Special Administrative Region

Unit 7A, Nathan Commercial Building, 430-436 Nathan Road, Kowloon City, Hong Kong.

IC Trading Ltd

Russia

Yauzskaya Str. 8, Bldg 2, Moscow, Russia.

Al Minzal Medical Equipment & Instruments

United Arab Emirates

P.O. Box 31107, Sharjah, UAE.

JSC Chop Vityaz-S

Russia

146 Unikh Pionerov Ave, Samara, Russia.

Sistem Dizayners Co

Baku, Azerbaijan

APA: 2 NO.: 60, Merdanov Gardashlari St., Baku, Azerbaijan.

[FR Doc. E8-22985 Filed 9-29-08; 8:45 am]

BILLING CODE 3510-33-P