[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Rules and Regulations]
[Pages 34217-34221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14040]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 744 and 758
[Docket No. 140530464-4464-01]
RIN 0694-AG20
Export Administration Regulations (EAR): Addition of Certain
Persons to the Unverified List (UVL) and Making a Correction
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) by adding twenty-nine (29)
persons to the Unverified List (the ``Unverified List'' or UVL). The 29
persons are being added to the UVL on the basis that BIS could not
verify their bona fides because an end-use check could not be completed
satisfactorily for reasons outside the U.S. Government's control. In
addition, this rule reinserts a requirement for exporters to file an
Automated Export System (AES) record for all exports subject to the EAR
involving persons listed on the UVL following that provision's
inadvertent removal from the EAR.
The UVL contains the names and addresses of foreign persons who are
or have been parties to a transaction, as that term is described in the
EAR, involving the export, reexport, or transfer (in-country) of items
subject to the EAR, and whose bona fides BIS has been unable to verify
through an end-use check. There is a suspension of license exceptions
for exports, reexports, and transfers (in-country) involving a party or
parties to the transaction who are listed on the UVL, and a requirement
for exporters, reexporters, and transferors to obtain (and keep a
record of) a UVL statement from a party or parties to the transaction
who are listed on the UVL before proceeding with exports, reexports,
and transfers (in-country) involving items subject to the EAR, but
where the item does not require a license.
[[Page 34218]]
DATES: Effective Date: This rule is effective: June 16, 2014.
FOR FURTHER INFORMATION CONTACT: Kevin Kurland, Director, Office of
Enforcement Analysis, Bureau of Industry and Security, Department of
Commerce, Phone: (202) 482-4255 or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Background
On August 21, 2008 (73 FR 49311), BIS expanded the scope of reasons
to add persons to the Entity List (Supplement No. 4 Part 744). That
rule amended Section 744.11 of the EAR to provide illustrative examples
of the types of conduct that the U.S. Government could determine are
contrary to U.S. national security or foreign policy interests for
purposes of changes to the Entity List. One example listed in that
section is, ``[p]reventing accomplishment of an end use check conducted
by or on behalf of BIS or the Directorate of Defense Trade Controls of
the Department of State by: precluding access to; refusing to provide
information about; or providing false or misleading information about
parties to the transaction or the item to be checked.''
However, end-use checks sometimes cannot be completed for reasons
unrelated to the cooperation of the foreign party subject to the end-
use check. In such situations, BIS may add persons to the UVL where BIS
or federal officials acting on BIS's behalf have been unable to verify
a foreign person's bona fides (i.e., legitimacy and reliability
relating to the end use and end user of items subject to the EAR),
where an end-use check, such as a pre-license check (PLC) or a post-
shipment verification (PSV), cannot be completed satisfactorily for
such purposes for reasons outside the U.S. Government's control. For
example, BIS sometimes initiates end-use checks and cannot find a
foreign party at the address indicated on export documents, and cannot
locate the party by telephone or email. Additionally, BIS sometimes is
unable to conduct end-use checks when host government agencies do not
respond to requests to conduct end-use checks or refuse to schedule
them in a timely manner. Under these circumstances, there may not be a
basis to add the foreign persons at issue to the Entity List,
particularly if there is no nexus between the foreign person's conduct
and the failure to produce a complete, accurate and useful check (see
Sec. 744.11(b)(4) of the EAR (Criteria for revising the Entity List)).
Furthermore, BIS sometimes conducts end-use checks but cannot
verify the bona fides of a foreign party. For example, BIS may be
unable to verify bona fides if during the conduct of an end-use check a
recipient of items subject to the EAR is unable to produce those items
for visual inspection or provide sufficient documentation or other
evidence to confirm the disposition of those items. The inability of
foreign persons subject to end-use checks to demonstrate their bona
fides raises concerns about the suitability of such persons as
participants in future exports, reexports, or transfers (in-country)
and indicates a risk that items subject to the EAR may be diverted to
prohibited end uses and/or end users. However, BIS may have
insufficient information to establish that such persons are involved in
activities described in Sec. 744.11 of the EAR, preventing the
placement of the persons on the Entity List. In such circumstances,
those foreign persons may be added to the Unverified List.
On December 19, 2013 (78 FR 76741), BIS published a final rule that
amended the EAR by: (1) Requiring exporters to file an AES record for
all exports subject to the EAR involving persons listed on the UVL (see
Sec. 758.1(b)(8) of the EAR); (2) suspending the availability of
license exceptions for exports, reexports, and transfers (in-country)
involving persons listed on the UVL (see Sec. 740.2(a)(17) of the
EAR); (3) requiring exporters, reexporters and transferors (in-country)
to obtain and retain a UVL statement from UVL-listed persons before
proceeding with exports, reexports, and transfers (in-country) that are
not otherwise subject to a license requirement under the EAR involving
such persons (see Sec. Sec. 744.15 and 762.2(b) of the EAR); (4)
adding the UVL to Supplement No. 6 to Part 744, and (5) adding to the
EAR procedures to request removal or modification of a UVL entry (see
Sec. 744.15(d) of the EAR). That rule took effect on January 21, 2014.
Supplement No. 6 to Part 744 (``the UVL'') contains the names and
addresses of foreign persons who are or have been parties to a
transaction, as that term is described in Sec. 748.5 of the EAR,
involving the export, reexport, or transfer (in-country) of items
subject to the EAR, and whose bona fides BIS has been unable to verify
through an end-use check.
BIS adds a person to the UVL in accordance with the criteria set
forth in Sec. 744.15(c)(1) of the EAR. For example, in some instances,
BIS may not be able to conduct an end-use check, such as a PLC or a
PSV, at all because, among other potential reasons, BIS was unable to
locate or contact the subject of the check or the host government
declined to schedule the check in a timely manner. Alternatively, BIS
may not be able to complete a satisfactory end-use check because, inter
alia, the foreign party is unable to demonstrate its bona fides or the
disposition of the items in question during the end-use check. In
either circumstance, BIS may determine to add the foreign person to the
UVL.
Requests for removal of a UVL entry must be made in accordance with
Sec. 744.15(d) of the EAR. Decisions regarding the removal or
modification of UVL listings will be made by the Deputy Assistant
Secretary for Export Enforcement, based on a demonstration by the
listed person of its bona fides.
Changes to the EAR
Supplement No. 6 to Part 744 (``the Unverified List'' or ``UVL'')
This rule adds twenty-nine (29) persons to the UVL by amending
Supplement No. 6 to Part 744 of the EAR to include their names and
addresses. BIS adds these persons in accordance with the criteria for
revising the UVL set forth in Sec. 744.15(c) of the EAR. Each listing
is grouped by country, and accompanied by the party's name(s) and
address(es) as well as the Federal Register citation and date the
person was added to the UVL. The UVL is included in the Consolidated
Screening List, available at www.export.gov. Restrictions and
requirements for transactions that include listed persons on the UVL
are found in Sec. 744.15 of the EAR.
AES Record
In addition, this rule contains a requirement for exporters to file
an AES record for all exports of tangible items subject to the EAR
involving persons listed on the UVL. That requirement was previously
proposed and made final in a rule published on December 19, 2013 (78 FR
76741), but inadvertently omitted in a corrections rule published on
January 29, 2014 (79 FR 4613). This rule corrects that error by
reinserting the AES filing requirement in Sec. 758.1(b)(8).
Savings Clause
Shipments (1) removed from license exception eligibility or that
are now subject to requirements in Sec. 744.15 of the EAR as a result
of this regulatory action, (2) eligible for export, reexport, or
transfer (in-country) without a license before this regulatory action,
and (3) on dock for loading, on lighter, laden aboard an exporting
carrier, or en route aboard a carrier to a port of export, on June 16,
2014, pursuant to actual orders, may proceed to that UVL listed person
[[Page 34219]]
under the previous license exception eligibility or without a license
so long as they have been exported from the United States, reexported
or transferred (in-country) before July 16, 2014. Any such items not
actually exported, reexported or transferred (in-country) before
midnight, on July 16, 2014, are subject to the requirements in Sec.
744.15 of the EAR in accordance with this regulation.
Export Administration Act
Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse. However, 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 8, 2013, 78 FR 49107
(August 12, 2013) has continued the EAR in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
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 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 rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
2. 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 the
provisions of this rule adding 29 persons to the UVL because those
provisions in the regulation involve military or foreign affairs. BIS
implements this rule to protect U.S. national security or foreign
policy interests by requiring a license for items being exported,
reexported, or transferred (in country) involving a party or parties to
the transaction who are listed on the UVL. If this rule were delayed to
allow for notice and comment and a delay in effective date, then
entities being added to the UVL 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
UVL, 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 once a final rule was published.
The Department finds there is good cause under 5 U.S.C.
553(b)(3)(B) to waive the provisions of the Administrative Procedure
Act requiring prior notice and the opportunity for public comment to
the provision of this rule adding Section 758.1(b)(8) because they are
contrary to the public interest and unnecessary. The addition of that
paragraph was proposed by the Department on September 11, 2013 (78 FR
55664), and made final in a rule published on December 19, 2013 (78 FR
76741). The final rule went into effect on January 21, 2014. Due to an
oversight, that paragraph was mistakenly removed through the
publication of a rule (79 FR 4613) correcting paragraphs (1) through
(7) in Sec. 758.1(b). This rule corrects that inadvertent omission by
reinserting paragraph (b)(8).
The Department finds that providing notice and comment is contrary
to the public interest because doing so would only cause confusion
about what exporters are required to do under the Regulations when
exporting items involving a parties or parties who are listed on the
Unverified List. Notice and an opportunity for the public to comment
are also unnecessary because, as discussed above, the Department
already published a proposed rule giving the public notice and the
opportunity to comment on this paragraph. 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.
3. Notwithstanding any other provision of law, no person is
required to respond to, nor is 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 the following control
numbers: 0694-0088, 0694-0122, 0694-0134, and 0694-0137.
This rule slightly increases public burden in a collection of
information approved by OMB under control number 0694-0088, which
authorizes, among other things, export license applications. The
removal of license exceptions for listed persons on the Unverified List
will result in increased license applications being submitted to BIS by
exporters. Total burden hours associated with the Paperwork Reduction
Act and OMB control number 0694-0088 are expected to increase
minimally, as the suspension of license exceptions will only affect
transactions involving persons listed on the Unverified List and not
all export transactions. Because license exceptions are restricted from
use, this rule decreases public burden in a collection of information
approved by OMB under control number 0694-0137 minimally, as this will
only affect specific individual listed persons. The increased burden
under 0694-0088 is reciprocal to the decrease of burden under 0694-
0137, and results in no change of burden to the public. This rule also
increases public burden in a collection of information under OMB
control number 0694-0122, as a result of the exchange of UVL statements
between private parties, and under OMB control number 0694-0134 as a
result of appeals from persons listed on the UVL for removal of their
listing. The total increase in burden hours associated with both of
these collections is expected to be minimal, as they involve a limited
number of persons listed on the UVL.
4. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
List of Subjects
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
[[Page 34220]]
15 CFR Part 758
Export clearance requirements.
Accordingly, Parts 744 and 758 of the Export Administration
Regulations (15 CFR parts 730-774) are amended as follows:
PART 744--[AMENDED]
0
1. The authority citation for 15 CFR Part 744 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 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 August 8, 2013, 78 FR
49107 (August 12, 2013); Notice of September 18, 2013, 78 FR 58151
(September 20, 2013); Notice of November 7, 2013, 78 FR 67289
(November 12, 2013); Notice of January 21, 2014, 79 FR 3721 (January
22, 2014).
0
2. Supplement No. 6 to Part 744 is revised to read as follows:
Supplement No. 6 to Part 744--Unverified List
Exports, reexports, and transfers (in-country) involving parties to
the transaction who are listed in this supplement are subject to the
restrictions and requirements outlined in Sec. 744.15 of the EAR.
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Federal Register citation
Country Listed person and address and date of publication
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CHINA............................................ China National Plant Import/ 79 FR [INSERT FR PAGE
Export Co., Room 2135, Jingxin NUMBER], June 16, 2014.
Building A, No Dong San Huan
North Road, Beijing, China.
HONG KONG........................................ Brilliance Technology Ltd, Flat 79 FR [INSERT FR PAGE
A, 11/F, Adolfo Mansion, 114- NUMBER], June 16, 2014.
116 Austin Road, Tsim Sha Tsui,
Kowloon, Hong Kong; and
Rm 1203, 12/F, Hip Kwan
Commercial Bldg., 38 Pitt
Street, Yau Ma Tei, Hong Kong.
Dynasense Photonics Co., 79 FR [INSERT FR PAGE
Limited, Unit 2209, 22/F, Wu NUMBER], June 16, 2014.
Chung House, 213 Queen's Road
East, Wanchai, Hong Kong.
Hi-Shine Technology (HK) 79 FR [INSERT FR PAGE
Limited, Flat D12, 11/F, King NUMBER], June 16, 2014.
Yip Factory Bldg, 59 King Yip
Street, Kwun Tong, Kowloon,
Hong Kong; and
Room 603, 6/F, Hang Pont
Commercial Building, 31 Tonking
Street, Cheung Sha Wan,
Kowloon, Hong Kong.
Hong Kong Haimao Info-Tec 79 FR [INSERT FR PAGE
Development Co Ltd, Rm 1013B, NUMBER], June 16, 2014.
Well Fung Ind. Center, Ta Chuen
Ping Street, Kwai Chung, Hong
Kong.
Lianqi (HK) Electronics Co Ltd, 79 FR [INSERT FR PAGE
Unit N, 3/F, Hopewell House, NUMBER], June 16, 2014.
175 Hip Wo Street, KwunTong,
Kowloon, Hong Kong.
Lion Chip Electronics Ltd, Unit 79 FR [INSERT FR PAGE
N, 3/F, Hopewell House, 175 Hip NUMBER], June 16, 2014.
Wo Street, KwunTong, Kowloon,
Hong Kong.
Maipu Communication Technology 79 FR [INSERT FR PAGE
Co Ltd, 7/F Kerry Warehouse, 36- NUMBER], June 16, 2014.
42 Shan Mei St, Shatin, Hong
Kong.
Nano Tech International Co Ltd, 79 FR [INSERT FR PAGE
Unit 5, 27/F, Richmond NUMBER], June 16, 2014.
Commercial Building, 109 Argyle
Street, Mongkok, Kowloon, Hong
Kong.
Narpel Technology Co., Limited, 79 FR [INSERT FR PAGE
Unit A, 6/F, Yip Fat Factory NUMBER], June 16, 2014.
Building, Phase 1, No 77 Hoi
Yuen Road, Kwun Tong, Kowloon,
Hong Kong.
People Tele-com Group, Flat A, 79 FR [INSERT FR PAGE
11/F, Adolfo Mansion, 114-116 NUMBER], June 16, 2014.
Austin Road, Tsim Sha Tsui,
Kowloon, Hong Kong.
Powersun Electronics, Flat/Rm 79 FR [INSERT FR PAGE
502D, Hang Pont Commercial NUMBER], June 16, 2014.
Building, 31 Tonkin Street,
Cheung Sha Wan, Kowloon, Hong
Kong.
Team Kingdom Limited, Unit 526, 79 FR [INSERT FR PAGE
5/F, Advanced Technology NUMBER], June 16, 2014.
Centre, 2 Choi Fat Street,
Sheung Shui, New Territories,
Hong Kong.
Top-Rank Int Trade (HK), Room 79 FR [INSERT FR PAGE
201-202, Westin Centre, 26 Hung NUMBER], June 16, 2014.
To Road, Kwun Tong, Hong Kong;
and
Units A&B, 15/F, Neich Tower,
128 Gloucester Road, Wanchai,
Hong Kong.
Tianao Electronics Limited, Rm 79 FR [INSERT FR PAGE
9, 7/F, Block G, East Sun NUMBER], June 16, 2014.
Industrial Ctr, 16 Shing Yip
Street, Kwun Tong, Kowloon,
Hong Kong.
Vessel Technology Limited, Rm 79 FR [INSERT FR PAGE
2309, 23/F, Ho King Comm Ctr, 2- NUMBER], June 16, 2014.
16 Fayuen St., Mongkok,
Kowloon, Hong Kong.
Win Electronics Limited, G/F, 26 79 FR [INSERT FR PAGE
Pau Chung Street, Tokwawan, NUMBER], June 16, 2014.
Kowloon, Hong Kong; and
Rm 2309, 23/F, Ho King Comm Ctr,
2-16 Fayuen St., Mongkok,
Kowloon, Hong Kong.
Win-Semi International Ltd, Flat 79 FR [INSERT FR PAGE
6, 20/F, Mega Trade Centre, 1-9 NUMBER], June 16, 2014.
Mei Wan Street, Tsuen Wan, Hong
Kong; and
Unit 503, 5/F, Silvercord Tower
2, 30 Canton Road, Tsimshatsui,
Hong Kong.
Yashen (HK) Electronics, Flat R, 79 FR [INSERT FR PAGE
15/F, Phase 2, Goldfield NUMBER], June 16, 2014.
Industrial Building, 144-150
Tai Lin Pai Road, Kai Chung,
New Territories, Hong Kong; and
Room N, 3/F, Mongkok Building,
97 Mongkok Road, Kowloon, Hong
Kong.
ZDAS (HK) Company, G/F, 16 Kwan 79 FR [INSERT FR PAGE
Tei North Tsuen Leung Yeuk Tau, NUMBER], June 16, 2014.
Sha Tau Kok Road, Fanling, Hong
Kong; and
Room 1609, 16/F, Block B,
Veristrong Industrial Center,
34-36 Au Pui Wan Street,
FoTaan, Shatin, New
Territories, Hong Kong.
ZhongJie Electronics, G/F, 26 79 FR [INSERT FR PAGE
Pau Chung Street, Tokwawan, NUMBER], June 16, 2014.
Kowloon, Hong Kong; and
[[Page 34221]]
Rm 2309, 23/F, Ho King Comm Ctr,
2-16 Fayuen St., Mongkok,
Kowloon, Hong Kong.
RUSSIA........................................... JSC Voentelecom, Bolshaya Olenya 79 FR [INSERT FR PAGE
Str. 15A, Moscow, Russia. NUMBER], June 16, 2014.
Nasosy Ampika, 3-ya 79 FR [INSERT FR PAGE
Institutskaya St. Bld. 15, NUMBER], June 16, 2014.
Moscow, Russia.
Nuclin LLC, Serebryakova Proezd 79 FR [INSERT FR PAGE
14, Moscow, Russia. NUMBER], June 16, 2014.
SDB IRE RAS, 1 Vvedenskogo 79 FR [INSERT FR PAGE
Square, Fryazino, Russia. NUMBER], June 16, 2014.
Security 2 Business Academy, 79 FR [INSERT FR PAGE
a.k.a. S2BA, a.k.a. Academy of NUMBER], June 16, 2014.
Business Security, Deguninskaya
Street 10, Moscow, Russia; and
Novoslobodskaya Str. 14/19,
Moscow, Russia.
UNITED ARAB EMIRATES............................. Doubair General Trading Co. LLC, 79 FR [INSERT FR PAGE
P.O. Box 30239, Dubai, UAE. NUMBER], June 16, 2014.
Golden Business FZE, Warehouse 79 FR [INSERT FR PAGE
FZS1 AN08, Jebel Ali NUMBER], June 16, 2014.
Free Zone, Dubai, UAE; and
P.O. Box 263128, Dubai, UAE.
World Heavy Equipment, 79 FR [INSERT FR PAGE
Industrial Area 10, Ras Al NUMBER], June 16, 2014.
Khaimah, UAE; and
World Equipment Trading L.L.C,
Industrial Area 10, Ras Al
Khaimah, UAE.
----------------------------------------------------------------------------------------------------------------
PART 758--[AMENDED]
0
3. The authority citation for 15 CFR Part 758 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
8, 2013, 78 FR 49107 (August 12, 2013).
0
4. Section 758.1 is amended by adding paragraph (b)(8) to read as
follows:
Sec. 758.1 The Electronic Export Information (EEI) filing to the
Automated Export System (AES)
* * * * *
(b) * * *
(8) For all exports of tangible items subject to the EAR where
parties to the transaction, as described in Sec. 748.5(d) through (f)
of the EAR, are listed on the Unverified List (Supplement 6 to Part 744
of the EAR), regardless of value or destination.
* * * * *
Dated: June 11, 2014.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2014-14040 Filed 6-13-14; 8:45 am]
BILLING CODE 3510-33-P