Rule2021-13395
Addition of Certain Entities to the Entity List
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 24, 2021
Effective
June 24, 2021
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
This final rule amends the Export Administration Regulations (EAR) by adding five entities to the Entity List. These five entities have been determined by the United States Government to be acting contrary to the foreign policy interests of the United States and will be listed on the Entity List under the destination of the People's Republic of China (China).
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 119 (Thursday, June 24, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33119-33122]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13395]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 210617-0134]
RIN 0694-AI56
Addition of Certain Entities to the Entity List
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Export Administration Regulations
(EAR) by adding five entities to the Entity List. These five entities
have been determined by the United States Government to be acting
contrary to the foreign policy interests of the United States and will
be listed on the Entity List under the destination of the People's
Republic of China (China).
DATE: This rule is effective June 24, 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) 482-5991,
Email: <a href="/cdn-cgi/l/email-protection#b0f5e2f3f0d2d9c39ed4dfd39ed7dfc6"><span class="__cf_email__" data-cfemail="bdf8effefddfd4ce93d9d2de93dad2cb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Entity List (supplement no. 4 to part 744 of the EAR)
identifies entities reasonably believed to be involved in, or to 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 Export Administration Regulations (EAR) (15 CFR parts 730-
774) 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 End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions regarding additions to,
removals from, or other modifications to the Entity List. The ERC makes
all decisions to add an entry to the Entity List by majority vote and
makes all decisions to remove or modify an entry by unanimous vote.
ERC Entity List Decisions
Additions to the Entity List
This rule implements the decision of the ERC to add five entities
to the Entity List. The five entities are being added based on Sec.
744.11 (License requirements that apply to entities acting contrary to
the national security or foreign policy interests of the United States)
of the EAR. The five entities are located in China.
The ERC reviewed and applied Sec. 744.11(b) (Criteria for revising
the Entity List) in making the determination to add these five entities
to the Entity List. Under that paragraph, persons for whom there is
reasonable cause to believe, based on specific and articulable facts,
that they have been involved, are involved, or pose a significant risk
of being or becoming involved in, activities that are contrary to the
national security or foreign policy interests of the United States,
along with those acting on behalf of such persons, may be added to the
Entity List. Paragraphs (b)(1) through (b)(5) of Sec. 744.11 provide
an illustrative list of activities that could be contrary to the
national security or foreign policy interests of the United States.
For each of the five entities described below, the ERC made the
requisite determination under the standard set forth in Sec.
744.11(b). Specifically, the ERC determined that the subject entities
are engaging in or enabling activities contrary to U.S. foreign policy
interests. These entities have been implicated in human rights
violations and abuses in the implementation of China's campaign of
repression, mass arbitrary detention, forced labor and high-technology
surveillance against Uyghurs, Kazakhs, and other members of Muslim
minority groups in the Xinjiang Uyghur Autonomous Region. Specifically,
the ERC determined that Xinjiang GCL New Energy Material Technology,
Co. Ltd; Xinjiang Daqo New Energy, Co. Ltd; Xinjiang East Hope
Nonferrous Metals Co. Ltd.; Hoshine Silicon Industry (Shanshan) Co.,
Ltd.; and Xinjiang Production and Construction Corps are engaging in
activities contrary to the foreign policy interests of the United
States through participating in the practice of, accepting, or
utilizing forced labor.
[[Page 33120]]
Pursuant to Sec. 744.11(b) of the EAR, the ERC has determined that
the conduct of these five entities raises sufficient concern that prior
review of exports, reexports or transfers (in-country) of all items
subject to the EAR involving these entities, and the possible
imposition of license conditions or license denials on shipments to
these entities, will enhance BIS's ability to prevent items subject to
the EAR from being used in activities contrary to the foreign policy
interests of the United States.
For the five entities identified above that are being added to the
Entity List, BIS imposes a license requirement for all items subject to
the EAR and a license review policy of case-by-case review for Export
Control Classification Numbers (ECCNs) 1A004.c, 1A004.d, 1A995,
1A999.a, 1D003, 2A983, 2D983, and 2E983. A policy of case-by-case
review also applies to items designated as EAR99 that are described in
the Note to ECCN 1A995, specifically, items for protection against
chemical or biological agents that are consumer goods, packaged for
retail sale or personal use, or medical products. Additionally, in
light of the current global pandemic, BIS has adopted a policy of case-
by-case review for items subject to the EAR that are necessary to
detect, identify and treat infectious disease. BIS has adopted a
license review policy of presumption of denial for all other items
subject to the EAR. In addition, no license exceptions are available
for exports, reexports, or transfers (in-country) to the entities being
added to the Entity List in this rule. The acronym ``a.k.a.'' or `also
known as' is used in entries on the Entity List to identify aliases,
thereby assisting exporters, reexporters and transferors in identifying
entities on the Entity List.
This final rule adds the following five entities to the Entity
List:
People's Republic of China
<bullet> Hoshine Silicon Industry (Shanshan) Co., Ltd.;
<bullet> Xinjiang Daqo New Energy, Co. Ltd;
<bullet> Xinjiang East Hope Nonferrous Metals Co. Ltd.;
<bullet> Xinjiang GCL New Energy Material Technology, Co. Ltd; and
<bullet> Xinjiang Production and Construction Corps.
Savings Clause
Shipments of items removed from eligibility for a License Exception
or for export or reexport without a license (NLR) as a result of this
regulatory action that were en route aboard a carrier to a port of
export, reexport, or transfer (in-country) on June 24, 2021, pursuant
to actual orders for export, reexport, or transfer (in-country) 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).
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.
Sections 4801-4852. ECRA provides the legal basis for BIS's principal
authorities and serves as the authority under which BIS issues this
rule.
Rulemaking Requirements
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 been determined to be not significant for
purposes of Executive Order 12866.
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 0694-0088,
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 0694-0088 are not
expected to increase as a result of this rule.
This rule does not contain policies with federalism implications as
that term is defined in Executive Order 13132.
Pursuant to section 1762 of the Export Control Reform Act of 2018,
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.
Because a notice of proposed rulemaking and an opportunity for
public comment are not required 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 730-774) is 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. 4801-4852; 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 Comp., p. 786; Notice
of September 18, 2020, 85 FR 59641 (September 22, 2020); Notice of
November 12, 2020, 85 FR 72897 (November 13, 2020).
0
2. Supplement No. 4 to part 744 is amended under CHINA, PEOPLE'S
REPUBLIC OF, by adding in alphabetical order, entries for ``Hoshine
Silicon Industry (Shanshan) Co., Ltd.'', ``Xinjiang Daqo New Energy,
Co. Ltd'', ``Xinjiang East Hope Nonferrous Metals Co. Ltd.'',
``Xinjiang GCL New Energy Material Technology, Co. Ltd'', and
``Xinjiang Production and Construction Corps''.
The additions read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
[[Page 33121]]
----------------------------------------------------------------------------------------------------------------
License review Federal Register
Country Entity License requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
CHINA, PEOPLE'S * * * * * *
REPUBLIC OF.
Hoshine Silicon Industry For all items Case-by-case 86 FR [INSERT FR
(Shanshan) Co., Ltd., subject to the review for ECCNs PAGE NUMBER] 6/
a.k.a., the following one EAR. (See Sec. 1A004.c, 24/2021.
alias: 744.11 of the 1A004.d, 1A995,
--Hesheng Silicon Industry EAR). 1A999.a, 1D003,
(Shanshan) Co., Ltd. 2A983, 2D983,
Xinjiang East: West of and 2E983, and
Kekeya Road, Stone for EAR99 items
Industrial Park, Shanshan described in the
County, Turpan City, Note to ECCN
Xinjiang (Hesheng 1A995; case-by-
Industrial Park), China. case review for
items necessary
to detect,
identify and
treat infectious
disease; and
presumption of
denial for all
other items
subject to the
EAR.
* * * * * *
Xinjiang Daqo New Energy, For all items Case-by-case 86 FR [INSERT FR
Co. Ltd., a.k.a., the subject to the review for ECCNs PAGE NUMBER] 6/
following three aliases: EAR. (See Sec. 1A004.c, 24/2021.
--Xinjiang Great New Energy 744.11 of the 1A004.d, 1A995,
Co., Ltd.; EAR). 1A999.a, 1D003,
--Xinjiang Daxin Energy Co., 2A983, 2D983,
Ltd.; and and 2E983, and
--Xinjiang Daqin Energy Co., for EAR99 items
Ltd. described in the
Shihezi Development Zone Note to ECCN
Chemical New Material 1A995; case-by-
Industrial Park; and No. case review for
16, Weiliu Road, New items necessary
Chemical Material to detect,
Industrial Park, Shihezi identify and
Economic Development Zone, treat infectious
Xinjiang China. disease; and
presumption of
denial for all
other items
subject to the
EAR.
Xinjiang East Hope For all items Case-by-case 86 FR [INSERT FR
Nonferrous Metals Co. Ltd., subject to the review for ECCNs PAGE NUMBER] 6/
a.k.a., the following one EAR. (See Sec. 1A004.c, 24/2021.
alias: 744.11 of the 1A004.d, 1A995,
--Xinjiang Nonferrous. EAR). 1A999.a, 1D003,
Wucaiwan Industrial Park, 2A983, 2D983,
Zhundong Economic and and 2E983, and
Technological Development for EAR99 items
Zone, Changji Prefecture, described in the
Xinjiang (Cainan Note to ECCN
Community); and Jimsar 1A995; case-by-
County, Changji Hui case review for
Autonomous Prefecture, items necessary
Xinjiang Uygur Autonomous to detect,
Region, Wucaiwan Coal, identify and
Electricity and Coal treat infectious
Chemical Base, China. disease; and
presumption of
denial for all
other items
subject to the
EAR.
Xinjiang GCL New Energy For all items Case-by-case 86 FR [INSERT FR
Material Technology, Co. subject to the review for ECCNs PAGE NUMBER] 6/
Ltd., a.k.a., the following EAR. (See Sec. 1A004.c, 24/2021.
one alias: 744.11 of the 1A004.d, 1A995,
--Xinjiang GCL New Energy EAR). 1A999.a, 1D003,
Materials Technology Co., 2A983, 2D983,
Ltd. and 2E983, and
East Section of Hengsi Road, for EAR99 items
Quanbei Industrial Zone, described in the
Hongsha, Zhundong Economic Note to ECCN
and Technological 1A995; case-by-
Development Zone, Changji case review for
Prefecture, Xinjiang items necessary
(Jijihu Community); and to detect,
East Part, the 4th identify and
Horizontal Road, North treat infectious
Hongshaquan Industrial disease; and
park, Zhundong Economic and presumption of
Technological Development denial for all
Zone, Changji, Xinjiang, other items
China. subject to the
EAR.
* * * * * *
Xinjiang Production and For all items Case-by-case 86 FR [INSERT FR
Construction Corps (XPCC), subject to the review for ECCNs PAGE NUMBER] 6/
a.k.a., the following three EAR. (See Sec. 1A004.c, 24/2021.
aliases: 744.11 of the 1A004.d, 1A995,
--XPCC; EAR). 1A999.a, 1D003,
--Xinjiang Corps; and 2A983, 2D983,
--Bingtuan. and 2E983, and
Urumqi, Xinjiang Uyghur for EAR99 items
Autonomous Region, China. described in the
Note to ECCN
1A995; case-by-
case review for
items necessary
to detect,
identify and
treat infectious
disease; and
presumption of
denial for all
other items
subject to the
EAR.
[[Page 33122]]
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-13395 Filed 6-23-21; 8:45 am]
BILLING CODE 3510-33-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 24, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.