Rule2022-19910
Implementation of Additional Sanctions Against Russia and Belarus Under the Export Administration Regulations (EAR) and Refinements to Existing Controls
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
September 16, 2022
Effective
September 15, 2022
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
In response to the Russian Federation's (Russia's) ongoing aggression against Ukraine, the Department of Commerce is expanding the existing sanctions against Russia and Belarus by imposing new export controls, including expanding the scope of the Russian industry sector sanctions to add lower-level items potentially useful for Russia's chemical and biological weapons production capabilities and items needed for advanced production and development capabilities to enable advanced manufacturing across a number of industries. This rule also adds Belarus to the scope of industry sector sanctions that currently apply solely to Russia. With respect to end users, this rule expands the `military end user' and `military-intelligence end user' controls and applies the Russian/Belarusian-Military End User Foreign Direct Product (FDP) rule to ten existing entries for six existing entities that have continued to supply Russian entities on the Entity List or are under sanction since Russia's further invasion of Ukraine. Labeling these six entities as Russian `military end users' and applying the Russia/Belarus-Military End User FDP rule to them will degrade Russia's war efforts in Ukraine, as these entities produce items needed by the Russian and Belarussian military and industrial sectors. Correspondingly, this rule clarifies requirements related to Burma, Cambodia, the People's Republic of China, and Venezuela). Finally, this rule refines existing controls on Russia and Belarus by adding additional dollar value exclusion thresholds for `luxury goods;' and makes twelve corrections and clarifications to existing controls on Russia and Belarus. The Department of Commerce is taking these actions to clarify and enhance the effectiveness of U.S. controls and to better align its controls on both Russia and Belarus with those implemented by U.S. allies.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 179 (Friday, September 16, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 179 (Friday, September 16, 2022)]
[Rules and Regulations]
[Pages 57068-57106]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19910]
[[Page 57067]]
Vol. 87
Friday,
No. 179
September 16, 2022
Part III
Department of Commerce
-----------------------------------------------------------------------
Bureau of Industry and Security
-----------------------------------------------------------------------
15 CFR Parts 732, 734, 736, et al.
Implementation of Additional Sanctions Against Russia and Belarus Under
the Export Administration Regulations (EAR) and Refinements to Existing
Controls; Final Rule
Federal Register / Vol. 87 , No. 179 / Friday, September 16, 2022 /
Rules and Regulations
[[Page 57068]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 732, 734, 736, 740, 744, 746, and 762
[Docket No. 220908-0187]
RIN 0694-AI93
Implementation of Additional Sanctions Against Russia and Belarus
Under the Export Administration Regulations (EAR) and Refinements to
Existing Controls
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In response to the Russian Federation's (Russia's) ongoing
aggression against Ukraine, the Department of Commerce is expanding the
existing sanctions against Russia and Belarus by imposing new export
controls, including expanding the scope of the Russian industry sector
sanctions to add lower-level items potentially useful for Russia's
chemical and biological weapons production capabilities and items
needed for advanced production and development capabilities to enable
advanced manufacturing across a number of industries. This rule also
adds Belarus to the scope of industry sector sanctions that currently
apply solely to Russia. With respect to end users, this rule expands
the `military end user' and `military-intelligence end user' controls
and applies the Russian/Belarusian-Military End User Foreign Direct
Product (FDP) rule to ten existing entries for six existing entities
that have continued to supply Russian entities on the Entity List or
are under sanction since Russia's further invasion of Ukraine. Labeling
these six entities as Russian `military end users' and applying the
Russia/Belarus-Military End User FDP rule to them will degrade Russia's
war efforts in Ukraine, as these entities produce items needed by the
Russian and Belarussian military and industrial sectors.
Correspondingly, this rule clarifies requirements related to Burma,
Cambodia, the People's Republic of China, and Venezuela). Finally, this
rule refines existing controls on Russia and Belarus by adding
additional dollar value exclusion thresholds for `luxury goods;' and
makes twelve corrections and clarifications to existing controls on
Russia and Belarus. The Department of Commerce is taking these actions
to clarify and enhance the effectiveness of U.S. controls and to better
align its controls on both Russia and Belarus with those implemented by
U.S. allies.
DATES: This rule is effective on September 15, 2022.
FOR FURTHER INFORMATION CONTACT: For general questions on this final
rule, contact Eileen Albanese, Director, Office of National Security
and Technology Transfer Controls, Bureau of Industry and Security,
Department of Commerce, Phone: (202) 482-0092, Fax: (202) 482-482-3355,
Email: <a href="/cdn-cgi/l/email-protection#0a787a6e384a686379246e6569246d657c"><span class="__cf_email__" data-cfemail="8ffdffebbdcfede6fca1ebe0eca1e8e0f9">[email protected]</span></a>. For emails, include ``Russia and Belarus
September 2022 sanctions'' in the subject line.
For general questions on the Entity List and MEU List, contact the
Chair, End-User Review Committee, Office of the Assistant Secretary,
Export Administration, Bureau of Industry and Security, Department of
Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, Email:
<a href="/cdn-cgi/l/email-protection#9cd9cedfdcfef5efb2f8f3ffb2fbf3ea"><span class="__cf_email__" data-cfemail="3b7e69787b595248155f5458155c544d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
In response to Russia's February 2022 further invasion of Ukraine,
BIS imposed extensive sanctions on Russia under the Export
Administration Regulations (15 CFR parts 730-774) (EAR) as part of the
final rule Implementation of Sanctions Against Russia Under the Export
Administration Regulations (EAR) (the Russia Sanctions Rule), effective
on February 24, 2022, and published on March 3, 2022 (87 FR 12226).
Effective March 2, 2022, BIS also imposed similar sanctions on Belarus
under the EAR in a final rule, Implementation of Sanctions Against
Belarus (``Belarus Sanctions Rule''), published on March 8, 2022 (87 FR
13048). Among other licensing requirements and review policies, the
Belarus Sanctions Rule implemented measures to limit the ability of
Belarusian `military end users' under the EAR to support Belarus's or
Russia's military activities. Since the publication of the Russia
Sanctions Rule and Belarus Sanctions Rule, BIS has published several
other final rules imposing stringent export controls on Russia and
Belarus. These actions reflect the U.S. Government's position that
Russia's invasion of Ukraine, and Belarus's complicity in the invasion,
flagrantly violated international law, is contrary to U.S. national
security and foreign policy interests, and undermines global order,
peace, and security.
The export control measures in this final rule build upon the
policy objectives set forth in the earlier rules referenced above. The
purpose of this final rule is to protect U.S. national security and
foreign policy interests by further restricting Russia's access to
items that it needs to support its military capabilities. The expansion
of these export controls under the EAR, implemented in parallel with
similarly stringent measures by partner and ally countries, will
further limit access to items that enable Russian's military
capabilities and sources of revenue that could support Russia's
military capabilities, thus enhancing the effectiveness of the
multilateral sanctions. Additionally, certain of the new or expanded
controls specified in this rule target Belarus as part of the U.S.
response to the country's complicity in Russia's aggression.
II. Overview of New Controls
BIS in this rule imposes new export controls against Russia and
Belarus. First, BIS is expanding the scope of the EAR's Russian
industry sector sanctions to add items that may be useful for Russia's
chemical and biological weapons (CBW) production and development
capabilities and items needed for advanced production and development
capabilities to enable advanced manufacturing across a number of
industries. Second, BIS also is expanding the scope of the EAR's
industry sector sanctions that currently apply only to Russia to apply
to Belarus on the basis of concerns of diversion of the items subject
to the industry sector sanctions from Belarus to Russia.
Third, this rule broadens the `military end user' and ``military-
intelligence end user'' controls under the EAR to more effectively
target military and/or military-intelligence support for Russia and
Belarus and improve the overall effectiveness of these controls by
expanding: the ``is informed'' provisions for entities acting contrary
to U.S. national security and foreign policy interests under Sec.
744.11; the `military end user' controls under Sec. 744.21 to reach
Belarusian, Burmese, Cambodian, Chinese, Russian, and Venezuelan
`military end users' located anywhere in the world; and the `military-
intelligence end user' controls under Sec. 744.22 to reach Belarusian,
Burmese, Cambodian, Chinese, Russian, and Venezuelan `military-
intelligence end users' or `military-intelligence end users' of
countries in Country Group E:1 or E:2, wherever located.
Fourth, consistent with the expansion of the `military end user'
controls under the EAR, this rule also revises the Entity List to
designate six entities under ten entries as Russian `military end
users.'
Fifth, this rule refines existing controls on Russia and Belarus to
more closely align with the export controls implemented on both
countries by our
[[Page 57069]]
allies by adding additional dollar value exclusion thresholds for
certain `luxury goods.'
Finally, this rule makes twelve corrections and clarifications to
the existing controls on Russia and Belarus to clarify the controls and
more effectively achieve the policy objectives identified in previous
rules. These correction and clarifications:
(i) update and expand the list of consumer communications devices
eligible for License Exception CCD to reflect technology developments
since License Exception CCD was first published in 2009;
(ii) make a correction to add Russia and Belarus to the news media
authorization under License Exception TMP;
(iii) make a correction to Sec. 744.11 to remove an unnecessary
sentence;
(iv) add License Exception CCD eligibility for Russian industry
sector sanctions under Sec. 746.5 and the ``Luxury goods' sanctions
under Sec. 746.10 in order to not impose duplicative licensing
requirements and ensure the continued availability of License Exception
CCD eligibility under Sec. 746.8;
(v) clarify that the more favorable treatment for certain entities
set forth in Sec. 746.8(a), including the exclusion for Export Control
Classification Numbers (ECCNs) 5A992 or 5D992, license exception
availability and license review policies, includes branches or sales
offices of companies headquartered in the U.S. and Country Group A:5
and A:6 countries, even if such branches or sales offices are not
separately incorporated as subsidiaries or joint ventures;
(vi) add a Note 1 to paragraph (a)(1) to Sec. 746.8 of the EAR to
clarify the scope of the deemed export exclusion under the Russia and
Belarus sanctions;
(vii) add an exclusion from the license requirements under Sec.
746.8(a)(1) and (2) for transfers within Russia or Belarus for
reexports (i.e., return) to the United States or a Country Group A:5 or
A:6 country in supplement no. 1 to part 740 of any item;
(viii) update the licensing policy for `luxury goods' in Sec.
746.10 to adopt a case-by-case license application review policy for
items for humanitarian needs, consistent with the other Russia and
Belarus licensing policies in other sections of part 746;
(ix) clarify that the EAR's recordkeeping requirements in part 762
extend to transfers (in-country) of items subject to the EAR;
(x) clarify in Sec. 736.2 that transfers (in-country) are
activities subject to the restrictions of General Prohibitions 5 and 6;
(xi) Clarify in Sec. 732.2 (Steps regarding the ten general
prohibitions) that step 14 for embargoed countries and special
destinations also encompasses the restrictions set forth in Sec. Sec.
746.6, 746.8, and 746.10, and
(xii) remove Russia and Belarus from Country Group A in supplement
no. 1 to part 740 of the EAR.
III. Amendments to the Export Administration Regulations (EAR)
A. Imposition of New Export Controls on Russia and Belarus
This rule expands the scope of the Russian Industry Sector
Sanctions by: (1) adding a new supplement no. 6 to part 746 and
additional license requirements under Sec. 746.5(a)(1)(iii); (2)
adding Belarus to the Russian Industry Sector Sanctions; and (3) adding
additional items to supplement no. 4 to part 746 that will require a
license under Sec. 746.5(a)(1)(i), as described further below.
1. Expansion of Russian Industry Sector Sanctions To Add CBW Russia
Items and Items Needed for Advanced Production and Development
Capabilities Across a Number of Industries
In part 746 of the EAR, this rule expands the scope of the Russian
industry sector sanctions under Sec. 746.5 by adding new paragraph
(a)(1)(iii), and a related new supplement no. 6. As set forth in this
new paragraph (a)(1)(iii), there is a new license requirement for the
export, reexport, and transfer (in-country) to or within Russia of
items subject to the EAR that are listed in new supplement no. 6 (Items
that Require a License for Export, Reexport, and Transfer (In-Country)
to or within Russia or Belarus (the addition of Belarus is described in
the next section of the preamble) pursuant to Sec. 746.5(a)(1)(iii)).
This rules also moves the text of existing paragraph (a)(1)(iii) to new
paragraph (a)(1)(iv) and adds transfers (in-country) to the first
sentence of that paragraph.
The items that this rule adds to supplement no. 6 to part 746 are a
subset of items designated as EAR99 that may be useful for Russia's CBW
production and development capabilities and therefore may be used in
support of its military aggression. These items consist of discrete
chemicals, biologics, fentanyl and its precursors, and related
equipment.
Unlike other EAR99 items controlled for export to Russia and
Belarus that are identified in supplement no. 4 to part 746 by Schedule
B Number and HTS code, these items are not identified by Schedule B
Number or HTS code. Rather, they appear in this new supplement no. 6 to
part 746. As noted in the introductory text of supplement no. 6, the
supplement no. 6 items are identified by Chemical Abstract Numbers
(CAS) where applicable to assist exporters, reexporters, and
transferors in identifying items subject to this license requirement.
In addition, paragraph (g) of supplement no. 6 to part 746 (Quantum
computing and advanced manufacturing) identifies equipment and other
items that BIS has determined are likely not manufactured in Russia or
are otherwise important to Russia for its development of advanced
production and development capabilities to enable advanced
manufacturing capabilities across a number of industries, including
Russia's defense-industrial base.
This rule makes changes to Sec. 746.5(a)(1) to impose license
requirements on the items in supplement no. 6 to part 746 as described
further below.
These new controls expand BIS's Russia and Belarus-specific license
requirements to impose controls on chemicals in concentrations of 95%
weight or greater, as identified under new paragraphs (a)(1) to (41);
chemicals in concentrations of 90% weight or greater, as identified
under paragraphs (b)(1) to (38); Fentanyl and its derivatives
Alfentanil, Sufentanil, Remifentanil, Carfentanil, and salts thereof,
as identified in paragraph (c); chemical precursors to central nervous
system acting chemicals, as identified under paragraphs (d)(1) and (2);
biologics identified under paragraphs (e)(1) to (5); equipment, as
identified under paragraphs (f)(1) to (23); and quantum computing and
advanced manufacturing items, as identified under paragraphs (g)(1) to
(g)(2). The new supplement no. 6 also includes several notes, including
technical notes to assist exporters, reexporters, and transferors in
better understanding the controls.
In Sec. 734.9 (Foreign-Direct Product (FDP) Rules), as a
conforming change to the addition of supplement no. 6 to part 746, this
rule revises paragraph (f)(1) (Product scope of Russia/Belarus FDP
rule) to add the phrase ``is identified in supplement no. 6 to part 746
of the EAR'' to paragraphs (f)(1)(i) (``Direct product'' of
``technology'' or ``software'') and (f)(1)(ii) (``Direct product'' of a
complete plant or `major component' of a plant). This change is made to
bring the items identified in supplement no. 6 to part 746 into the
scope of the
[[Page 57070]]
Russia/Belarus FDP rule. As the Russia/Belarus-Military End User FDP
rule already extends to all items subject to the EAR, no such changes
are needed. For ``direct products'' that are identified in supplement
no. 6 to part 746, in addition to the license requirements under Sec.
746.5(a)(1)(iii), these items will also be subject to a license
requirement under Sec. 746.8(a)(2) or (3), as applicable.
Lastly, in Sec. 734.9 for ease of reading and to better conform
with the paragraph structure used in other FDP rules in Sec. 734.9,
such as the National Security FDP rule in paragraph (b), this rule
revises paragraphs (f)(1)(i) and (ii) to break the text into paragraphs
(f)(1)(i)(A) and (B) and (f)(1)(ii)(A) and (B), respectively. These
changes are limited to changing the paragraph structure and makes no
substantive changes to the criteria formerly in paragraphs (f)(1)(i)
and (ii).
BIS estimates that the changes to Sec. 746.5(a)(1)(iii) and to the
related new supplement no. 6 to part 746 will result in the submission
of an additional 175 license applications to BIS annually.
2. Expansion of Russian Industry Sector Sanctions To Add Additional
Items to Supplement No. 4 to Part 746, Including Among Such Additional
Items Any Modified or Designed ``Components,'' ``Parts,''
``Accessories,'' and ``Attachments'' Therefor
In supplement no. 4 to part 746--HTS Codes and Schedule B Numbers
that Require a License for Export, Reexport, and Transfer (In-Country)
to or within Russia or Belarus pursuant to Sec. 746.5(a)(1)(ii), this
rule expands the scope of the Russian Industry Sector Sanctions (as
renamed to also apply to Belarus, described below) by adding 57
additional entries that will require a license for export or reexport
to or transfers within Russia or Belarus under Sec. 746.5. The
restrictions on these additional industrial items are intended to
further undermine the Russian industrial base and its ability to
continue to support the Russian invasion of Ukraine. The items this
rule adds includes a variety of industrial machinery, equipment, and
other items such as: ``Rider-Type, Counterbalanced, Self-Propelled
Fork-Lift Trucks,'' ``Sawing Or Cutting-Off Machines, Metal Removing,
Used Or Rebuilt,'' ``Electric Storage Heating Radiators,'' and ``Rail
Locomotives Powered From An External Source Of Electricity.'' The
addition of these items will help better align these controls under the
EAR with the controls of U.S. allies on these items.
Also in supplement no. 4 to part 746, this rule expands the scope
of the items that are subject to the Russian and Belarusian Industry
Sector Sanctions by revising paragraph (a) in the introductory text of
the supplement to specify that the items described in the supplement
include any modified or designed ``components,'' ``parts,''
``accessories,'' and ``attachments'' therefor, regardless of the
Schedule B, Schedule B Description, HTS Code, or HTS Description of the
``components,'' ``parts,'' ``accessories,'' and ``attachments''. In
many cases these ``components,'' ``parts,'' ``accessories,'' and
``attachments'' are not specifically identified by Schedule B, Schedule
B Description, HTS Code, or HTS Description. BIS is making this
revision by adding a sentence to paragraph (a); the new sentence also
specifies that the expansion does not include any ``part'' or minor
``component'' that is a fastener (e.g., screw, bolt, nut, nut plate,
stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet,
bushing, spring, wire, or solder. By expanding the scope of the items
set forth in the supplement in this manner, this change improves the
effectiveness of the Russian (and Belarusian) Industry Sector
Sanctions.
BIS estimates these changes to supplement no. 4 to part 746 will
result in an additional 90 license applications submitted to BIS
annually.
3. Expansion of Controls on Belarus by Adding Belarus to the Russian
Industry Sector Sanctions Under Sec. 746.5 and Renaming the Provision
Accordingly
In Sec. 746.5 (Russian industry sector sanctions), this rule
expands the scope of the section to add Belarus, imposing the same
controls as those applicable to Russia, and renames the section to
refer to the Russian and Belarusian industry sector sanctions.
Specifically, this rule adds Belarus to paragraphs (a)(1)(i) and (ii),
(a)(2), and (b) to implement these controls on Belarus. While this rule
does not add Belarus after the reference to Russian deepwater or Arctic
offshore locations in paragraph (a)(1)(i), as this reference is
specific to Russia, this rule otherwise imposes the same requirements
on Belarus as on Russia. BIS recognizes that Belarus has only a limited
oil and gas exploration industry and has added controls for Belarus
under paragraphs (a)(1)(i) to prevent diversion of the specified items
through Belarus to Russia.
This rule redesignates current paragraph (a)(1)(iii) in Sec. 746.5
as paragraph (a)(1)(iv) and adds a new paragraph (a)(1)(iii) to impose
a license requirement on the export, reexport, or transfer (in-country)
of any item subject to the EAR listed in supplement no. 6 to part 746
to or within Russia or Belarus. BIS adds this new paragraph to clarify
the scope of the licensing requirements specific to Russia and Belarus.
As a conforming change, this rule also revises paragraph (b)(2) in
Sec. 746.5 to add a reference to new paragraph (a)(1)(iii) that states
that the same license review policy that applies to paragraph
(a)(1)(ii) also applies to new paragraph (a)(1)(iii).
BIS estimates that these changes to Sec. 746.5 will result in an
additional 3 license applications submitted to BIS annually.
B. Expansion of `Military End User' and `Military-Intelligence End
User' Controls Under the EAR To More Effectively Target Russia and
Belarus and Improve the Overall Effectiveness of These Controls
1. Expansion of ``Is Informed'' Provisions Under Sec. 744.11
In Sec. 744.11 of the EAR, this rule revises the introductory text
to the section and paragraph (c) (Additional prohibition on persons
informed by BIS), to add a new paragraph (c)(3). New paragraph (c)(3)
expands the scope of the ``is informed'' provisions under Sec. 744.11
in two ways. First, it specifies that the Deputy Assistant Secretary
for Export Administration (DAS/EA) may provide specific notice that the
export, reexport, or transfer (in-country) of specified items to an
identified party requires a license because there is reasonable cause
to believe, based on specific and articulable facts, that the entity
has been involved, is involved, or poses 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 or that an
entity is acting on behalf of such entity. The new text in paragraph
(c)(3) specifies that the notice may be provided orally and, if so, the
oral notice will be followed within two working days by a written
notice. The ``is informed'' process under paragraphs (c)(1) and (2) is
limited to cases where there is risk of diversion to another party that
has already been identified on the Entity List in supplement no. 4 to
part 744. The new paragraph (c)(3) process will allow the DAS/EA to
provide specific notice of parties that are not currently on the Entity
List, but that are engaging in activities that are contrary to U.S.
national security or foreign policy interests.
Second, this rule adds language in new paragraph (c)(3) to specify
that the notice provided by the DAS/EA will include the license
requirement, limits on the use of license exceptions, and license
review policy for any entity
[[Page 57071]]
identified through such notice. BIS is adding this language because
Sec. 744.11, unlike other part 744 sections that include an ``is
informed'' provision (e.g., Sec. Sec. 744.2, 744.3, and 744.4), does
not impose a license requirement that exporters, reexporters, and
transferors must independently determine is applicable to their
activities because this section's license requirements are implemented
through Entity List listings. Once a specific notice is provided, BIS
may subsequently seek to add the entity in question to the Entity List,
including the applicable license requirements, available license
exceptions, and license review policy, to inform all exporters,
reexporters, and transferors of these requirements. Seeking to add
these entities that are the subject of ``is informed'' letters to the
Entity List through the interagency process will have two benefits: (1)
it will help to protect U.S. national security and foreign policy
interests by imposing the related requirements on all exporters,
reexporters, and transferors of items subject to the EAR, and (2) it
will create an equal playing field between the exporter, reexporter, or
transferor that received the specific notice from BIS and all other
exporters, reexporters, and transferors of items subject to the EAR.
BIS estimates these changes to Sec. 744.11 will result in the
submission of an additional five license applications to BIS annually.
2. Expansion of `Military End User' Controls to Belarusian, Burmese,
Cambodian, Chinese, Russian, and Venezuelan `Military End Users'
Located Anywhere in the World
In Sec. 744.21 (Restrictions on Certain ``Military End Use' or
`Military End User'' in Belarus, Burma, Cambodia, the People's Republic
of China, the Russian Federation, or Venezuela), this rule expands the
scope of the `military end user' controls. Specifically, this rule
revises Sec. 744.21 to allow BIS to identify Belarusian, Burmese,
Cambodian, Chinese, Russian, or Venezuelan `military end users' in
countries other than a country identified in Sec. 744.21. This
expansion is in recognition that neither military end users nor
international development and production activities are limited to the
home countries of designated `military end users.' By expanding the
scope of Sec. 744.21 to allow for the designation of these `military
end users' worldwide, this rule addresses such strategic concerns with
respect to Russia and the other countries identified in Sec. 744.21.
BIS understands the compliance concerns exporters, reexporters, and
transferors have had in applying Sec. 744.21, and specifically, in
identifying entities that constitute `military end users.' One of the
primary reasons BIS created the ``Military End-User' (MEU) List
(supplement no. 7 to part 744 of the EAR) was to assist exporters,
reexporters, and transferors in identifying `military end users,' and
based on public input that BIS has received, the MEU List has been
positively received by the exporting community, even though the list is
not exhaustive. BIS also understands that, if the amendments in this
rule expanded the scope of Sec. 744.21 to impose license requirements
upon MEUs worldwide without specifically identifying such MEUs, that
would pose even broader compliance concerns for exporters, reexporters,
and transferors, because MEUs could potentially be present in countries
other than the six destinations specified in Sec. 744.21. Therefore,
this rule addresses the concern with respect to Belarusian and Russian
`military end users' located outside of Belarus and Russia by
specifying that the expansion of controls on such `military end users'
on a worldwide basis is limited to only those `military end users'
identified on the Entity List under supplement no. 4 to part 744 with a
footnote 3 designation. Correspondingly, this rule further specifies
with respect to Burmese, Cambodian, Chinese, and Venezuelan `military
end users' located outside of Burma, Cambodia, China, or Venezuela that
the requirement is limited to only those `military end users'
identified on the `Military End-User' (MEU) List.
By exhaustively listing `military end users' located outside of one
of the six countries specified in Sec. 744.21, BIS will facilitate
compliance by relieving exporters, reexporters, and transferors from
having to independently assess the potential applicability of Sec.
744.21 on a worldwide basis, which would be a significant compliance
burden. Therefore, for `military end users' outside of the identified
countries in Sec. 744.21, BIS, in consultation with the other ERC
member agencies, will specifically designate such `military end users,'
under supplements no. 4 or 7, as applicable. However, BIS continues to
recommend that exporters, reexporters, and transferors continue to do
their own diligence to determine the bona fides of entities located in
Belarus, Burma, Cambodia, China, Russia, and Venezuela.
In order to implement the changes described above, this rule makes
several changes to Sec. 744.21, including some conforming changes, by
revising the section heading, paragraphs (a), (b) introductory text,
(b)(1)(ii), and (e)(1) and (3) as described further below.
In the section heading of Sec. 744.21, this rule revises the
heading to remove the references to specific countries. This rule makes
this change to the heading for three reasons: (1) to reflect the
expanded scope of the section, (2) to avoid making the heading
cumbersome, and (3) to prepare for the possibility of adding additional
countries to Sec. 744.21 in the future.
In Sec. 744.21(a) (General prohibition), this rule revises
paragraph (a)(1) to remove the text that had stated that the `military
end users' must be located in Burma, Cambodia, China, or Venezuela and
replace it with text indicating that paragraph (a)'s restrictions will
instead apply to such `military end users,' wherever located. This rule
adds a sentence to paragraph (a)(1) to specify that Burmese, Cambodian,
Chinese, or Venezuelan `military end users' located outside of Burma,
Cambodia, China, or Venezuela will be limited to entities specifically
identified on the MEU List. In paragraph (a)(2), this rule makes
corresponding edits with respect to Belarus and Russia. However,
Belarusian and Russian `military end users' located outside of Russia
and Belarus, respectively, will be limited to entities specifically
identified on the Entity List under supplement no. 4 to part 744 with a
footnote 3 designation.
This rule adds a new Note to paragraphs (a)(1) and (2) to provide
further guidance on the restrictions applicable to `military end users'
located in Burma, Cambodia, China, or Venezuela. The new note clarifies
that Belarusian or Russian `military end users' are listed on the
Entity List with a footnote 3 designation. The note to paragraphs
(a)(1) and (2) also clarifies that if an entity is not a Belarusian or
Russian `military end user,' but has been identified by the ERC as a
`military end user,' it will be identified under the MEU List under
supplement no. 7 to part 744. The note clarifies that with respect to
Burma, Cambodia, China, and Venezuela, exporters, reexporters, and
transferors, even in the absence of any such notification, are not
excused from compliance with the license requirements of paragraph (a)
of section Sec. 744.21 to determine if an entity is a `military end
user' even when that entity is neither specifically designated on the
Entity List nor included on the MEU List. Lastly, the note clarifies
that with respect to Belarus or Russia, exporters, reexporters, and
transferors, even in the absence of any such notification, are not
excused from compliance with the license requirements of paragraph (a)
of section
[[Page 57072]]
Sec. 744.21 to determine if an entity is a `military end user' even
when that entity is neither specifically designated on the Entity List
nor included on the MEU List.
In Sec. 744.21(b) (Additional prohibition on those informed by
BIS), this rule revises the introductory text of the paragraph to add
the phrase `or for a Belarusian, Burmese, Cambodian, Chinese, Russian,
or Venezuelan `military end user,' wherever located' to clarify that
the ``is informed'' provisions also extend to Belarusian, Burmese,
Cambodian, Chinese, Russian, or Venezuelan `military end users'
wherever they are located in the world.
In Sec. 744.21(b)(1) (`Military End-User' (MEU) List), this rule
makes revisions to add the phrase `for a Belarusian, Burmese,
Cambodian, Chinese, Russian, or Venezuelan `military end user,'
wherever located' and to remove text that had limited `military end
users' to `military end users' located in the six identified countries
only. This rule also revises paragraph (b)(1) to specify that these
entities may be placed on the Entity List in supplement no. 4 to part
744 if they are Belarusian or Russian `military end users,' and that
Burmese, Cambodian, Chinese, or Venezuelan `military end users' may be
added to the Military End-User (MEU) List in supplement no. 7 to part
744.
In Sec. 744.21(b)(1)(ii) (License Requirements for parties to the
transaction), this rule removes text that had specified that the
`military end users' needed to be located under one of the countries
identified in Sec. 744.21 and adds text to specify that Belarusian,
Burmese, Cambodian, Chinese, Russian, or Venezuelan `military end
users,' wherever located, are subject to the license requirements under
paragraph (b)(1)(ii).
In Sec. 744.21(d) (License application procedure), this rule
revises the parenthetical reference to the Sec. 744.21 section heading
to conform with the revisions to the section heading described above.
In Sec. 744.21(e) (License review standards), this rule removes
the references in paragraph (e)(1) to the specified countries and
revises the paragraph to cross reference with the license requirements
for items described in paragraph (a)(1) with respect to Burma,
Cambodia, China, or Venezuela (and associated `military end users') and
in paragraph (a)(2) with respect to Belarus or Russia (and associated
`military end users'). In paragraph (e)(3), this rule revises the
paragraph to add the phrase `or for a Belarusian, Burmese, Cambodian,
Chinese, Russian, or Venezuelan `military end user,' wherever located,'
to clarify that these license applications will be reviewed under the
license review policy specified in paragraph (e)(1).
BIS estimates these changes to Sec. 744.21 will result in an
additional 10 license applications submitted to BIS annually.
3. Expansion of `Military-Intelligence End User' Controls to
Belarusian, Burmese, Cambodian, Chinese, Russian, and Venezuelan
`Military-Intelligence End Users' or `Military-Intelligence End Users'
of Country Group E:1 or E:2, Wherever Located
This rule expands the scope of Sec. 744.22 to mirror the changes
made to Sec. 744.21, as described above, by revising paragraphs (a),
(b), and (f)(2) introductory text, and adding a new paragraph
(f)(2)(xi) to extend the restrictions to `military-intelligence end
users' wherever located. Likewise, this rule adds a sentence to
paragraph (a) to specify that Burmese, Cambodian, Chinese, or
Venezuelan `military-intelligence end users' that are located outside
of Burma, Cambodia, China, or Venezuela or are entities working on
behalf of Burma, China, Cambodia or Venezuela; or are `military-
intelligence end users' that are nationals of a country listed in
Country Groups E:1 or E:2 but are outside of a country listed in
Country Groups E:1 or E:2, or are entities working on behalf of a
country listed in Country Groups E:1 or E:2 are limited to the entities
specifically identified under paragraph (f)(2) of Sec. 744.22. As
discussed above, BIS understands the compliance concerns with expanding
these end user controls worldwide and seeks to mitigate them by
specifically identifying `military-intelligence end users' under
paragraph (f)(2) that are located outside of countries identified in
Sec. 744.22. BIS hopes to facilitate compliance by exporters,
reexporters, or transferors with this provision as expanded by this
rule.
In Sec. 744.22(b) (Additional prohibition on those informed by
BIS), this rule revises the paragraph to remove text that had specified
that `military-intelligence end users' were limited to those located in
the countries specified under Sec. 744.22 and adds text to broaden the
scope of the restrictions to Belarusian, Burmese, Cambodian, Chinese,
Russian, or Venezuelan `military- intelligence end users' or `military-
intelligence end users' of a country listed in Country Group E:1 or
E:2, wherever located.
In Sec. 744.22(f) (Definitions), this rule adds two sentences to
clarify the scope of `military-intelligence end users.' The first
sentence clarifies that with respect to entities located in Belarus,
Burma, Cambodia, China, Russia, or Venezuela, or a country listed in
Country Groups E:1 or E:2, `military-intelligence end users' include,
but are not limited to, the `military-intelligence end users'
identified in paragraph (f)(2). The second sentence specifies that with
respect to entities located in all other countries paragraph (f)(2) is
an exhaustive listing of `military-intelligence end users.' Lastly,
under paragraph (f)(2), this rule adds and reserves a new paragraph
(f)(2)(xi) (Other countries) as a placeholder for future additions.
BIS estimates these changes to Sec. 744.22 will result in an
additional two license applications submitted to BIS annually.
C. Revisions to the Entity List To Designate Certain Existing Entities
as Russian `Military End Users'
1. Overview of Entity List
The Entity List (supplement no. 4 to part 744 of the EAR)
identifies entities for which there is reasonable cause to believe,
based on specific and articulable facts, that the entities have been
involved, are involved, or 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 EAR 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 that added the entity to the Entity List. Any
license application for an export, reexport, or transfer (in-country)
involving an entity on the Entity List that is subject to an additional
EAR license requirement will also be reviewed in accordance with the
license review policies in the sections of the EAR applicable to those
license requirements. For example, for Russian entities on the Entity
List, if the export, reexport, or transfer (in-country) is subject to a
license requirement in Sec. Sec. 746.6, 746.8, or 746.10, the license
application will be reviewed in accordance with the license review
policies in those sections in addition to the specified license review
policy under the Entity List entry.
BIS places entities on the Entity List pursuant to part 744
(Control Policy: End-User and End-Use Based) and part
[[Page 57073]]
746 (Embargoes and Other Special Controls) of the EAR. Paragraphs
(b)(1) through (5) of Sec. 744.11 include an illustrative list of
activities contrary to the national security or foreign policy
interests of the United States.
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.
2. Entity List Decisions: Revisions to the Entity List
This rule revises six entities under ten entries on the Entity
List, under the destinations of China, Lithuania, Russia, the United
Kingdom, Uzbekistan, and Vietnam: Connec Electronic Ltd. (added under
China and the United Kingdom); King Pai Technology Co., Ltd. (added
under China, Russia, and Vietnam); Sinno Electronics Co., Ltd. (added
under China and Lithuania); Winninc Electronic (added under China);
World Jetta (H.K.) Logistics Limited (added under China); and
Promcomplektlogistic Private Company (added under Uzbekistan). All six
entities under ten entries were first added to the Entity List
effective June 28, 2022 (87 FR 38925, June 30, 2022) (the June 30
rule).
The ERC determined that it was warranted to designate these
entities as Russian `military end users' pursuant to Sec. 744.21.
Labeling these six entities as Russian `military end users' and having
the Russia/Belarus-Military End User FDP rule apply to them will
degrade Russia's war efforts in Ukraine, as these entities produce
items needed by the Russian and Belarusian military and industrial
sectors. This rule accordingly revises the License Requirement column
to remove the parenthetical phrase that referenced Sec. 744.11 and to
include a new parenthetical phrase that references the foreign direct
product (FDP) rule for Russian and Belarusian `military end users,'
because these entities have been determined to be Russian `military
end-users.' As stated in the June 30 rule, these entities had supplied
items to Russian entities of concern before February 24, 2022, the
effective date of the Russia Sanctions Rule, and have continued to
contract to supply Russian entities on the Entity List or that have
been sanctioned since Russia's further invasion of Ukraine. The new
parenthetical references the Russian/Belarusian Military End User FDP
rule and the Military End Use and End User controls under Sec. Sec.
734.9(g),\3\ 746.8(a)(3), and 744.21(b) of the EAR. The ERC also
determined that it was appropriate to give these entities a footnote 3
designation to reflect their Russian `military end user' status. This
rule also revises the License Review policy column for each of these
entities to add a cross-reference to Sec. Sec. 746.8(b) and 744.21(e).
BIS estimates that these changes to the Entity List will not result
in the submission of any additional license applications to BIS.
D. Refinements to Existing Controls To More Closely Align With the
Controls of Allies Identified in Supplement No. 3 to Part 746 of the
EAR on Russia and Belarus
1. Addition of Dollar Value Exclusion Thresholds for `Luxury Goods' To
More Closely Align With the Thresholds Used by Our Allies
In supplement no. 5 to part 746--(`Luxury Goods' That Require a
License For Export, Reexport, and Transfer (In-Country) to or Within
Russia or Belarus Pursuant to Sec. 746.10(a)(1) and (2)), this rule
revises the supplement to specify additional dollar value exclusion
thresholds in certain entries to better align with the luxury goods
controls implemented by our allies, which have served as a model for
other countries in determining appropriate value exclusions to
incorporate into their respective national controls. These revisions
should also ease the compliance burdens of exporters, reexporters, and
transferors trying to comply with the `luxury goods' controls of
various countries. They also are intended to create as much as possible
an equal playing field for U.S. companies.
When the `luxury goods' controls for Russia and Belarus were
initially added to the EAR in earlier this year (87 FR 14758, March 16,
2022), the only `luxury goods' specified in supplement no. 5 to part
746 that included a dollar value exclusion were clothing and shoes
entries that were assigned a dollar value exclusion of $1,000 Per Unit
Wholesale Price in the U.S. BIS determined that additional time was
needed to evaluate whether to add dollar value exclusion thresholds to
other additional `luxury goods' entries in supplement no. 5 to part
746.
This rule aligns BIS's `luxury goods' controls with our allies'
corresponding controls by revising the `10-Digit Commodity Description
and Per Unit Wholesale Price in the U.S. if Applicable' column (in
those entries in which such information is applicable) to add
additional dollar value exclusion thresholds. BIS has determined
certain `luxury goods' entries continue to not warrant a dollar value
exclusion; those entries remain unchanged by this rule. As warranted,
BIS may make future updates and/or additions to the thresholds.
In reviewing our allies' value threshold exclusions, BIS determined
that the EAR's $1,000 Per Unit Wholesale Price in the U.S. dollar value
exclusion for clothing and shoes was more permissive than those adopted
by our allies. Therefore, to align more closely with allies' value
exclusion thresholds, with which BIS agrees, this rule reduces the
dollar value threshold for clothing and shoes from $1,000 to $300 Per
Unit Wholesale Price. For many other `luxury goods' entries, this rule
adds a $300 Per Unit Wholesale Price in the U.S. dollar value
exclusion. However, BIS has added a higher dollar value exclusion
threshold to other items, as warranted (e.g., automobiles, which will
have a $50,000 Per Unit Wholesale Price U.S. dollar value exclusion
threshold).
BIS estimates these changes to the `luxury goods' controls will
result in a reduction of 10 license applications submitted to BIS
annually.
E. Corrections and Clarifications to Existing Controls
BIS estimates the changes described in Section E of this final rule
will not result in the submission of any additional license
applications to BIS, apart from the changes for License Exception
Consumer Communications Devices (CCD), which BIS anticipates will
result in the annual submission of two fewer license applications to
BIS.
1. Updates the List of Eligible Consumer Communications Devices To
Reflect Technology Developments Since 2009 and the Current Realities of
How Consumers Communicate
In Sec. 740.19 (Consumer Communications Devices (CCD)), this rule
revises paragraph (b) (Eligible commodities and software), to update
the text to more accurately describe the types of commodities and
software included under License Exception CCD. BIS makes this change to
accommodate the consumer communications commodities and software that
have come into common use since September 8, 2009, the date that
License Exception CCD was originally added to the EAR (74 FR 45989).
For example, this rule revises paragraph (b)(1) for consumer computers
to add tablets and peripherals, including microphones,
[[Page 57074]]
speakers, and headphones, that are designated EAR99 or classified under
Export Control Classification Numbers (ECCN) 5A992.c or 4A994.b. BIS
also reminds exporters, reexporters, and transferors that certain
headphones are controlled under ``600 series'' ECCNs and are not
eligible for License Exception CCD. In addition, for purposes of
paragraph (b)(1), as well as the rest of paragraph (b), the commodities
and software eligible for License Exception CCD are strictly limited to
the descriptions and classifications that are specified under paragraph
(b), which is an exhaustive listing of the commodities and software
eligible for License Exception CCD.
This rule removes paragraph (b)(3) which described input/output
control units (other than industrial controllers designed for chemical
processing) designated EAR99. This rule removes these items because
after additional review of paragraph (b) by BIS, these items were
determined to not be the type of commodities that would typically be
used by consumers for communications purposes and, therefore, should be
removed from License Exception CCD. Because of the removal of paragraph
(b)(3), this rule also redesignates (b)(4) through (17) as paragraphs
(b)(3) through (17), respectively.
The rule revises existing paragraphs (b)(1), (5) through (7), and
(9) (which, prior to redesignation, were paragraphs (b)(6) through (8)
and (9)) to make similar updates reflecting current consumer
communications device use.
Lastly, under paragraph (b), this rule revises redesignated
paragraphs (b)(12) through (14), (16), and (17) to update the commodity
and software descriptions, including adding a parenthetical phrase to
paragraph (b)(13) to clarify that digital cameras include webcams. This
rule also revises paragraph (b)(16) by removing the phrase in ``this
paragraph'' and adding in its place the phrase in ``paragraphs (b)(1)
through (16)'' to clarify that paragraph (b)(16) includes batteries,
chargers, carrying cases and accessories for the equipment described in
paragraphs (b)(1) through (16).
2. Correction To Add Russia, and Belarus to the News Media
Authorization Under License Exception TMP
In Sec. 740.9(a)(9) (News media), this rule revises License
Exception TMP to make a conforming change to add Russia and Belarus to
the news media authorization paragraph. Russia and Belarus are eligible
for the news media authorization under Sec. 740.9(a)(9), as specified
under Sec. 746.8(c)(1), but were inadvertently not added to the text
of License Exception TMP at the time that BIS issued the Russia
Sanctions Rule and Belarus Sanctions Rule. This rule corrects that
oversight by adding Russia and Belarus to the countries identified
under paragraph (a)(9) of License Exception TMP. And as a conforming
change, this rule adds the term ``transferred (in-country)'' to
paragraph (a)(9) for consistency with the section heading. For
additional clarity, this rule adds a reference to the Crimea region of
Ukraine to the existing reference for covered regions of Ukraine in
paragraph (a)(9).
3. Correction to Sec. 744.11 To Remove an Unneeded Sentence
In Sec. 744.11, this rule revises paragraph (b) (Criteria for
revising the Entity List), to remove a sentence that specifies that
Sec. 744.11 may not be used to place on the Entity List any party if
exports or reexports to that party of items that are subject to the EAR
are prohibited or require a license from another U.S. Government
agency. The preceding sentence in paragraph (b) correctly indicates
that BIS will not place entities on the Entity List that also require a
license under Sec. 744.12, Sec. 744.13, Sec. 744.14, or Sec.
744.18. The sentence that this rule removes was intended to explain the
applicability of the preceding sentence. This rule also revises that
preceding sentence to add a reference to Sec. 744.8, which was
inadvertently not included in this sentence.
Consistent with BIS's statutory authority, the removal of the
sentence from paragraph (b) of Sec. 744.11 eliminates ambiguity about
whether BIS may list entities on the Entity List that are also listed
under the SDN List or would otherwise require a license from any other
U.S. government agencies for any exports, reexports, or transfers (in-
country) of items subject to the EAR.
4. Adds License Exception CCD Eligibility in Connection With Russian
and Belarusian Industry Sector Sanctions and the ``Luxury Goods'
Controls
This rule revises paragraph (c) (License Exceptions) of Sec. 746.5
(which is being revised by this rule to include both Russian and
Belarusian industry sector sanctions) to add License Exception CCD
eligibility. This change is necessary because certain items that are
caught under the Russian (and now Belarusian) industry sector sanctions
are also controlled under Sec. 746.8 (Sanctions Against Russia and
Belarus), resulting in the removal of eligibility for License Exception
CCD because the transaction at issue cannot overcome the license
requirement set forth in Sec. 746.5(a)(1)(ii). In order to meet the
U.S. Government's policy objectives of ensuring the free flow of
information, License Exception CCD must be able to overcome all
applicable EAR license requirements, including those in all of the EAR
provisions that contain new Russia or Belarus-related license
requirements. This rule addresses that anomaly by adding License
Exception CCD eligibility to Sec. 746.5(c). This change also makes
License Exception CCD available for EAR99 items that would otherwise be
items identified as being eligible for License Exception CCD, based on
the list set forth in Sec. 740.19(b). This change is made for
consistency with the intent of Sec. 746.8 and to ensure that the EAR
does not treat less sensitive EAR99-designated items more restrictively
than items on the Commerce Control List set forth in supplement no. 1
to part 744.
This rule also revises paragraph (c) (License Exceptions) of Sec.
746.10 to add License Exception CCD eligibility. This change to Sec.
746.10(c) is needed for the same reason that the change is necessary to
Sec. 746.5(c)--to eliminate conflicting guidance on the availability
of License Exception CCD. In Sec. 746.10(c), this rule addresses the
conflict by adding License Exception CCD eligibility to Sec. 746.10(c)
as a new paragraph (c)(3). As a conforming change, this rule also
revises the introductory text of paragraph (c) to remove the text ``and
(2)'' and add in its place the text ``through (3)'' to account for the
new paragraph (c)(3).
5. Clarification That the Exclusion for Items Controlled Under ECCN
5A992 or 5D992, License Exception Availability, and License Review
Policies Apply to Branches and Sales Offices of Companies Headquartered
in the U.S. and Country Group A:5 and A:6 Countries
In Sec. 746.8 (Sanctions against Russia and Belarus), this rule
revises the introductory text of paragraph (a) to clarify that the
exclusion for ECCNs 5A992 or 5D992 includes the terms `branches' and
`sales offices' after the term `subsidiaries,' wherever it appears.
This change clarifies that branches or sales offices that meet the
other criteria in paragraph (a)'s introductory text are eligible for
the exclusion. This rule makes the same clarification in paragraph (b)
(Licensing policy) by adding the terms branch or sales offices to
clarify that branches or sales offices that meet the criteria for the
subsidiaries specified in paragraph (b) are available for the case-by-
case license review policy. This rule also makes the same
[[Page 57075]]
type of changes in paragraph (c) (License Exceptions) to add the terms
branches or sales office to paragraphs (c)(3) (for License Exception
TSU for software updates) and (6) (for License Exception ENC) to
clarify that branches or sales offices as well as subsidiaries of
companies headquartered in the U.S. and Country Groups A:5 or A:6
countries are eligible for those license exceptions.
6. Adds a Note 1 to Paragraph (a)(1) To Clarify the Scope of the Deemed
Export Exclusion Under the Russia and Belarus Sanctions
In Sec. 746.8 of the EAR, this rule adds a new note 1 to paragraph
(a)(1) under paragraph (a) (License requirements) to clarify the scope
of the deemed export exclusion from the license requirement that would
otherwise apply to items classified under any ECCN on the CCL. The note
clarifies that the deemed export and reexport exclusion is only
applicable to the additional license requirements imposed under
paragraph (a)(1), and not any license requirements that were in place
prior to the Russia Sanctions Rule and Belarus Sanctions Rule. If the
deemed export or deemed reexport is subject to another license
requirement under the EAR, such as a CCL-based license requirement, the
exclusion would not apply--meaning that an EAR authorization is
required to overcome the applicable EAR license requirement. This rule
also, as a clarifying change, revises the first sentence in paragraph
(a)(1) to remove the reference to Sec. 746.5 and add in its place the
phrase ``other sections of part 746''. This change is necessary because
there are multiple sections of part 746 that impose license
requirements on Russia and Belarus.
7. Adds an Exclusion From the License Requirements Under Sec.
746.8(a)(1) and (2) for Transfers Within Russia or Belarus for
Reexports (Return) to the United States or a Country Group A:5 or A:6
Country of Any Item
In Sec. 746.8(a) (License requirements) of the EAR, this rule
revises the introductory text of paragraph (a) to add an exclusion from
the license requirements under Sec. 746.8(a)(1) and (2) for certain
transfers within Russia and Belarus. This exclusion allows for the
movement of an item subject to the EAR within Russia or Belarus for the
purposes of returning it to the United States or to a Country Group A:5
or A:6 country in supplement no. 1 to part 740 (Country Groups). In
order to be within the scope of the exclusion, the owner must retain
title to and control of the item while it remains in Russia or Belarus.
This rule also clarifies the scope of the exclusion by including a
sentence to specify that if a license is required for a reexport to a
Country Group A:5 or A:6 country, a separate EAR authorization is
required to authorize the reexport. This sentence is included to
clarify that even though the transfers (in-country) within the scope of
the exclusion text are outside the scope of the license requirements
under Sec. 746.8(a)(1) and (2) that an authorization may still be
required for the reexport to these Country Group A:5 or A:6 countries.
8. Update to the Licensing Policy for `Luxury Goods' To Adopt a Case-
by-Case License Review Policy for Items for Humanitarian Needs To
Ensure Consistency With Other Russia and Belarus Licensing Policies
In Sec. 746.10 (`Luxury Goods' Sanctions Against Russia and
Belarus and Russian and Belarusian Oligarchs and Malign Actors) of the
EAR, this rule adds an exception to the policy of denial license
application review policy for `luxury goods' to specify that
applications involving items to meet humanitarian needs will be
reviewed on a case-by-case basis. This revision is intended to apply to
applications involving certain `luxury goods' items that may be used in
medical devices or in other situations involving `luxury goods'
applications in which a case-by-case analysis is warranted. For
example, contact lens solution and rewetting drops are captured as
cosmetics by a schedule B code identified in supplement no. 5 to part
746 of the EAR as a `luxury good' despite also being classified as a
``medicine'' under the EAR. These solutions are necessary to maintain
eye health for patients who require contact lenses, including those who
are medically unable to wear corrective glasses. This case-by-case
license review policy will provide BIS and the other reviewing agencies
flexibility to assess whether a license application for such items
should be approved to meet humanitarian needs while also taking into
account U.S. national security and foreign policy concerns.
9. Clarification That the EAR Recordkeeping Requirements Apply to
Transfers (In-Country) of Items Subject to the EAR
Because the sanctions against Russia and Belarus extend to
transfers (in-country), BIS has received some questions from the public
about the EAR's recordkeeping requirements for transfers (in-country).
In part 762 (Recordkeeping) of the EAR, this rule revises Sec. Sec.
762.1(a)(2) and 762.6(a)(2) to clarify that the specified recordkeeping
requirements apply to transfers (in-country) of items subject to the
EAR. In certain parts of the EAR, only the term reexport may be used,
but the intent of such provisions is to also cover transfers (in-
country), in line with BIS's longstanding interpretation and previous
amendments to the EAR to clarify this point.
10. Clarifications to the General Prohibitions for Transfers (In-
Country)
Because the sanctions against Russia and Belarus extend to
transfers (in-country), BIS has also received some questions from the
public about the EAR's general prohibitions and how they apply for
transfers (in-country). In part 736 (General Prohibitions), this rule
revises Sec. 736.2 (General prohibitions and determination of
applicability) to address these questions.
In particular, these questions have focused on why some of the
general prohibitions, such as General Prohibitions 5 and 6 under Sec.
736.2(b)(5) and (6), do not reference transfers (in-country), but the
other parts of the EAR that implement the license requirements, such as
parts 744 and 746, specify that some of those license requirements, in
particular those for Russia and Belarus, apply to exports, reexports,
and transfers (in-country). First, BIS emphasizes here that as stated
in Sec. 736.2(a)(1), the general prohibitions describe obligations
under the EAR generally and are not intended to be an exhaustive
description of the EAR's license requirements or other restrictions.
Therefore, in cases such as General Prohibitions 5 or 6, where parts
744 and 746 are more specific in identifying that the license
requirements for Russia and Belarus include transfers (in-country),
those more specific license requirements in parts 744 and 746 govern.
Second, BIS has long relied on the general prohibitions as a general
framework for helping to explain the scope of the EAR and have long
used them as part of the BIS outreach seminar program. Therefore, the
general prohibitions should track as accurately as possible at a
general level with the other parts of the EAR that implement the
license requirements. In reviewing these questions, BIS also identified
some other clarifying changes that this rule is making to help the
public better understand the scope of the EAR license requirements and
to make the general prohibitions more effective in assisting public
understanding of the EAR at a general level.
This rule makes these clarifications to the general prohibitions by
revising paragraphs (a) (Information or facts that
[[Page 57076]]
determine the applicability of the general prohibitions) and (b)
(General prohibitions). Specifically, in the paragraph (a) introductory
text, this rule adds a parenthetical phrase after the term
``generally'' that provides a cross reference to direct the public to
see other parts of the EAR where the license requirements and other EAR
restrictions are specified in greater detail. As described above, this
is a key point in understanding how the general prohibitions relate to
other parts of the EAR, so this additional text will help public
understanding.
In paragraph (a)(1) (Classification of items), this rule adds a
reference to items described in supplements nos. 2, 4, or 6 to part 746
to inform the public that in addition to any license requirements that
may apply because of the item's CCL classification, an item that is
described under one of those three supplements will be subject to
license requirements described under Sec. Sec. 746.5 and 746.10 of the
EAR. This rule also adds a cross reference to the Commerce Control List
Order of Review in supplement no. 4 to part 744 to assist public
understanding of the classification process. This rule also adds a
cross reference to the Commerce Control List in supplement no. 1 to
part 774, the Commerce Country Chart in supplement no. 1 to part 738,
and Sec. 738.4 to provide additional guidance on determining CCL-based
license requirements. This rule also adds a new Note to paragraph
(a)(1) that specifies that items described under supplements no. 2, 4,
or 6 of part 746 are subject to license requirements for Russia and
Belarus under Sec. Sec. 746.5 and 746.10 and to clarify that most of
the items described in these three supplements are items that would
typically be designated as EAR99 on the CCL.
Under paragraph (a)(2) (Destination), this rule adds the term
transfer (in-country) to clarify that some of the destination-based
license requirements under the EAR extend to transfers (in-country),
such as those for Russia and Belarus. This rule adds text to clarify
that the license requirements for parts 738 and 774 apply to exports
and reexports and to advise the public to review part 746 for
additional license requirements based on embargoes and other special
controls for exports, reexports, or certain transfers (in-country),
e.g., those that apply to Russia and Belarus under Sec. 746.5.
Under paragraph (a)(3) (End user), this rule revises the paragraph
heading to include the phrase `or end use.' This rule also adds the
term transfers (in-country) for consistency with part 744, which
includes certain license requirements for transfers (in-country). This
rule also adds text to clarify that in addition to end user-based
license requirements, certain EAR requirements (e.g., 734.9(e) and
744.11(a)) extend to all parties to the transaction as described in
Sec. 748.5(c) through (f). Lastly, this rule also clarifies many of
the end-use controls in part 744 specify destinations or Country Groups
as part of the criteria for defining the scope of the end use controls.
Under paragraph (a)(5) (Conduct); this rule adds the phrases a
`military-intelligence end use' or a `military-intelligence end user'
to clarify that prohibited conduct is not limited to proliferation
projects and extends to such conduct involving `military-intelligence
end uses' or `'military-intelligence end users' for consistency with
the license requirements in Sec. 744.6.
Under paragraph (b) introductory text, this rule adds the term
transfers (in-country) to clarify that some of the general prohibitions
apply to transfers (in-country).
Under paragraph (b)(5) (General Prohibition Five--Export or
reexport to prohibited end-uses or end-users (End-Use End-User)), this
rule revises the paragraph heading and the text of paragraph (b)(5) to
add in ``transfers (in-country)'' for consistency with the license
requirements in part 744, which in many cases extend to transfers (in-
country). This rule also adds a sentence to clarify that each section
in part 744 specifies whether the license requirements extend to
exports, reexports, and transfers (in-country).
Under paragraph (b)(6) (General Prohibition Six--Export or reexport
to embargoed destinations (Embargo)), this rule revises the paragraph
(b) heading and paragraph (b)(6)(i) to add in ``transfers (in-
country)'' for consistency with the license requirements in part 746,
which for certain countries and regions identified in part 746, in
particular Russia, Belarus, and the Crimea region of Ukraine and
covered regions of Ukraine, extend to transfers (in-country). This rule
also revises paragraph (b)(6)(i) to add the phrase ``or region (e.g.,
the Crimea region of Ukraine and covered regions of Ukraine)'' to
clarify that the license requirements in part 746 also extend to
identified regions. As a clarification, this rule also removes the
phrase ``authorized under part 746'' and adds in its place the more
specific phrase ``license exception or portion thereof that is
specifically listed in the license exceptions paragraph pertaining to a
particular sanctioned country or region in part 746 of the EAR.'' This
rule makes this change for consistency with how license exceptions are
referred to in Sec. 740.2(a)(6) and to improve public understanding of
when a license exception may be used to overcome the part 746 license
requirements and General Prohibition 6. This rule also adds a sentence
to clarify that each section in part 746 specifies whether the license
requirements extend to exports, reexports, and transfers (in-country).
This rule also revises paragraph (b)(6)(ii) to make the term ``License
Exceptions'' lower case for consistency with other EAR references to
license exceptions.
Under paragraph (b)(10) (General Prohibition Ten--Proceeding with
transactions with knowledge that a violation has occurred or is about
to occur (Knowledge Violation to Occur), this rule adds the terms
``reexported, or transferred (in-country)'' after the term ``exported''
and adds the terms reexported, or transferred (in-country) after the
term ``to be exported'' to clarify that General Prohibition 10 extends
to reexports and transfers (in-country). This rule also adds a
reference to the Export Control Reform Act of 2018 and removes the
reference to the Export Administration Act because it is no longer
needed and for consistency with Sec. 764.2(e). This rule also revises
paragraph (b)(10) to make the term ``License Exceptions'' lower case
for consistency with other EAR references to license exceptions.
11. Clarification of Step 14 of the Steps Regarding the Ten General
Prohibitions for Embargoed Countries and Special Destinations
In Sec. 732.3(i) (Step 14: Embargoed countries and special
destinations), this rule revises the reference to Russia, which
previously only referred to the Russian Industry Sector Sanctions, to
now refer to Sec. Sec. 746.5 for Russian and Belarusian industry
sector sanctions, 746.8 for Sanctions against Russia and Belarus, and
746.10 for `Luxury Goods' Sanctions Against Russia and Belarus and
Russian and Belarusian Oligarchs and Malign Actors. This rule also adds
the term ``transfer (in-country)'' to paragraph (i) introductory text
and to paragraph (i)(1) for consistency with the license requirements
in part 746, which extend to transfers (in-country) for certain
countries, such as Russia and Belarus. This rule also revises paragraph
(i)(1) to remove the phrase ``publicly available technology'' and adds
in its place the phrase published information, along with adding a
cross reference to Sec. 734.7 for consistency with Sec. 734.3(b)(3).
This rule also revises paragraph (i)(2) to make the term ``License
Exception'' lower case for
[[Page 57077]]
consistency with other EAR references to the term.
12. Commerce Country Groups Changes
In supplement to no. 1 to part 740 (Commerce Country Groups), this
final rule revises the Commerce Country Groups in supplement no. 1 to
part 740 to remove the entries for Belarus and Russia in the Country
Group A table. This rule removes the entries for Belarus and Russia in
order to avoid confusion, because these two countries have no ``x'' in
the box for any of the Country Group A columns. The references to
Russia in footnotes 1 and 2 for Country Groups A:1 and A:2 are not
revised and the references to Russia and Belarus in footnote 3 are not
revised because the references in those footnotes still serve a
purpose.
Savings Clause
For the changes being made in this final rule, shipments of items
removed from eligibility for a License Exception or export, reexport,
or transfer (in-country) 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 September 15, 2022,
pursuant to actual orders for export, reexport, or transfer (in-
country) to or within a foreign destination, may proceed to that
destination under the previous eligibility for a License Exception or
export, reexport, or transfer (in-country) without a license (NLR),
provided the export, reexport, or transfer (in-country) is completed no
later than on November 14, 2022.
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) (codified, as
amended, at 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. To the extent it applies to certain
activities that are the subject of this rule, the Trade Sanctions
Reform and Export Enhancement Act of 2000 (TSRA) (codified, as amended,
at 22 U.S.C. Sections 7201-7211) also serves as authority for this
rule.
Rulemaking Requirements
1. This final rule is not a ``significant regulatory action''
because it ``pertain[s]'' to a ``military or foreign affairs function
of the United States'' under sec. 3(d)(2) of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person 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 rule involves the following OMB-approved collections of
information subject to the PRA:
<bullet> 0694-0088, ``Multi-Purpose Application,'' which carries a
burden hour estimate of 29.4 minutes for a manual or electronic
submission;
<bullet> 0694-0096 ``Five Year Records Retention Period,'' which
carries a burden hour estimate of less than 1 minute; and
<bullet> 0607-0152 ``Automated Export System (AES) Program,'' which
carries a burden hour estimate of 3 minutes per electronic submission.
BIS estimates that these new controls on Russia and Belarus under
the EAR will result in an increase of 285 license applications
submitted annually to BIS. However, the additional burden falls within
the existing estimates currently associated with these control numbers.
Additional information regarding these collections of information--
including all background materials--can be found at <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a> by using the search function to enter
either the title of the collection or the OMB Control Number.
3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
4. Pursuant to section 1762 of the Export Control Reform Act of
2018 (50 U.S.C. 4821) (ECRA), this action is exempt from the
Administrative Procedure Act (APA) (5 U.S.C. 553) requirements for
notice of proposed rulemaking, opportunity for public participation,
and delay in effective date. While section 1762 of ECRA provides
sufficient authority for such an exemption, this action is also
independently exempt from these APA requirements because it involves a
military or foreign affairs function of the United States (5. U.S.C.
553(a)(1)).
5. 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.
List of Subjects
15 CFR Part 734
Administrative practice and procedure, Exports, Inventions and
patents, Research, Science and technology.
15 CFR Parts 732 and 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 736
Exports.
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
15 CFR Part 746
Exports, Reporting and recordkeeping requirements.
15 CFR Part 762
Administrative practice and procedure, Business and industry,
Confidential business information, Exports, Reporting and recordkeeping
requirements.
For the reasons stated in the preamble, parts 732, 734, 736, 740,
744, 746, and 762 of the Export Administration Regulations (15 CFR
parts 730 through 774) are amended as follows:
PART 732--STEPS FOR USING THE EAR
0
1. The authority citation for part 732 is revised 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.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.
0
2. Section 732.3 is amended by revising paragraph (i) to read as
follows:
Sec. 732.3 Steps regarding the ten general prohibitions.
* * * * *
(i) Step 14: Embargoed countries and special destinations. If your
destination for any item is Cuba, Iran, Iraq, North Korea, or Syria,
you must consider the requirements of parts 742 and 746 of the EAR.
Unless otherwise indicated, General Prohibition Six (Embargo) applies
to all items subject to the EAR, i.e., both items on the CCL and within
EAR99. See Sec. 746.1(b) for destinations subject to limited sanctions
under United Nations Security Council arms embargoes. See Sec. Sec.
746.5 for Russian and Belarusian industry sector sanctions, 746.6 for
Crimea region of Ukraine and covered regions of Ukraine, 746.8 for
Sanctions against Russia and Belarus,
[[Page 57078]]
and 746.10 for `luxury goods' sanctions against Russia and Belarus and
Russian and Belarusian oligarchs and malign actors. You may not make an
export, reexport, or transfer (in-country) contrary to the provisions
of part 746 of the EAR without a license unless:
(1) You are exporting, reexporting, or transferring only published
information or software as specified in Sec. 734.7 or other items
outside the scope of the EAR, or
(2) You qualify for a License Exception referenced in part 746 of
the EAR concerning embargoed destinations. You may not use a license
exception described in part 740 of the EAR to overcome General
Prohibition Six (Embargo) (Sec. 736.2(b)(6) of the EAR) unless it is
specifically authorized in part 746 of the EAR. Note that part 754 of
the EAR concerning short supply controls is self-contained and is the
only location in the EAR for both the prohibitions and exceptions
applicable to short supply controls.
* * * * *
PART 734--SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS
0
3. The authority citation for part 734 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.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp.,
p. 223; Notice of November 10, 2021, 86 FR 62891 (November 12,
2021).
0
4. Section 734.9 is amended by revising paragraphs (f)(1) to read as
follows:
Sec. 734.9 Foreign-Direct Product (FDP) Rules.
* * * * *
(f) * * *
(1) Product scope of Russia/Belarus FDP rule. The product scope
applies if a foreign-produced item meets the conditions of either
paragraph (f)(1)(i) or (ii) of this section.
(i) ``Direct product'' of ``technology'' or ``software.'' A
foreign-produced item meets the product scope of this paragraph
(f)(1)(i) if the foreign-produced item meets both of the following
conditions:
(A) The foreign-produced item is the ``direct product'' of U.S.-
origin ``technology'' or ``software'' subject to the EAR that is
specified in any ECCN in product groups D or E of the CCL; and
(B) The foreign-produced item is identified in supplement no. 6 to
part 746 of the EAR or is not designated EAR99; or
(ii) ``Direct product'' of a complete plant or `major component' of
a plant. A foreign-produced item meets the product scope of this
paragraph (f)(1)(ii) if it meets both of the following conditions:
(A) The foreign-produced item is produced by any plant or `major
component' of a plant that is located outside the United States, when
the plant or `major component' of a plant, whether made in the United
States or a foreign country, itself is a ``direct product'' of U.S.-
origin ``technology'' or ``software'' subject to the EAR that is
specified in any ECCN in product groups D or E of the CCL; and
(B) The foreign-produced item is identified in supplement no. 6 to
part 746 of the EAR or is not designated EAR99.
* * * * *
PART 736--GENERAL PROHIBITIONS
0
5. The authority citation for 15 CFR part 736 is revised 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.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp.,
p. 168; Notice of November 10, 2021, 86 FR 62891 (November 12,
2021); Notice of May 9, 2022, 87 FR 28749 (May 10, 2022).
0
6. Section 736.2 is amended by revising paragraphs (a) introductory
text and (a)(1) through (3) and (5) and (b) introductory text and
(b)(5), (6), and (10) to read as follows:
Sec. 736.2 General prohibitions and determination of applicability.
(a) Information or facts that determine the applicability of the
general prohibitions. The following five types of facts determine your
obligations under the ten general prohibitions and the EAR generally
(also see other parts of the EAR where the license requirements and
other EAR restrictions are specified in greater detail):
(1) Classification of the item. The classification of the item on
the Commerce Control List (see part 774 of the EAR) or description of
the item in supplements no. 2, 4, or 6 to part 746 of the EAR. For
guidance on classifying items, see the Commerce Control List Order of
Review in supplement no. 4 to part 774 and for determining licensing
requirements using the Commerce Control List in supplement no. 1 to
part 774 and the Commerce Country Chart in supplement no. 1 to part
738, see Sec. 738.4;
Note 1 to paragraph (a)(1): The description of items in supplements
no. 2, 4, or 6 of part 746 are used for determining license
requirements for Russia and Belarus under Sec. Sec. 746.5 and 746.10.
Items described in supplements no. 2, 4, or 6 in most cases are
designated as EAR99 (subject to the EAR but not specifically listed on
the Commerce Control List).
(2) Destination. The country of ultimate destination for an export,
reexport, or transfer (in-country) (see parts 738 and 774 of the EAR
concerning the Country Chart and the Commerce Control List for export
and reexport license requirements and part 746 for additional license
requirements based on embargoes and other special controls for exports,
reexports, or certain transfers (in-country));
(3) End user or end use. The ultimate end user (see General
Prohibition Four (paragraph (b)(4) of this section) and supplement no.
1 to part 764 of the EAR for references to persons with whom your
transaction may not be permitted; see General Prohibition Five
(Paragraph (b)(5) of this section) and part 744 for references to end
users for whom you may need an export, reexport, or transfer (in-
country) license). Certain EAR requirements (e.g., Sec. Sec. 734.9(e),
744.11(a)), and 744.15(b)) extend to all parties to the transaction as
described in Sec. 748.5(c) through (f). Many of the end-use controls
in part 744 specify destinations or Country Groups as part of the
criteria for defining the scope of the end use controls.
* * * * *
(5) Conduct. Conduct such as contracting, financing, and freight
forwarding in support of a proliferation project or a `military-
intelligence end use' or a `military-intelligence end user,' as
described in part 744 of the EAR.
(b) General prohibitions. The following ten general prohibitions
describe certain exports, reexports, transfers (in-country), and other
conduct, subject to the scope of the EAR, in which you may not engage
unless you either have a license from the Bureau of Industry and
Security (BIS) or qualify under part 740 of the EAR for a License
Exception from each applicable general prohibition in this paragraph.
The License Exceptions at part 740 of the EAR apply only to General
Prohibitions One (Exports and Reexports in the Form Received), Two
(Parts and Components Reexports), and Three (Foreign-Produced ``Direct
Product'' Reexports); however, selected License Exceptions are
specifically
[[Page 57079]]
referenced and authorized in part 746 of the EAR concerning embargo
destinations and in Sec. 744.2(c) of the EAR regarding nuclear end-
uses and in Sec. 744.11 and in supplement no. 4 to part 744--Entity
List.
* * * * *
(5) General Prohibition Five--Export, reexport, or transfer (in-
country) to prohibited end-uses or end-users (End-Use End-User). You
may not, without a license, knowingly export, reexport, or transfer
(in-country) any item subject to the EAR to an end user or end use that
is prohibited by part 744 of the EAR. Each section in part 744
specifies whether the license requirements extend to exports,
reexports, and transfers (in-country).
(6) General Prohibition Six--Export, reexport, and transfer (in-
country) to embargoed destinations (Embargo). (i) You may not, without
a license or license exception or portion thereof that is specifically
listed in the license exceptions paragraph pertaining to a particular
sanctioned country or region in part 746 of the EAR, export, reexport,
or transfer (in-country) any item subject to the EAR to a country or
region (e.g., the Crimea region of Ukraine and covered regions of
Ukraine) that is embargoed by the United States or otherwise made
subject to controls under part 734 as both are described at part 746 of
the EAR. Each section in part 746 specifies whether the license
requirements extend to exports, reexports, and transfers (in-country).
(ii) License exceptions to General Prohibition Six are described in
part 746 of the EAR, on
Embargoes and Other Special Controls. Unless a license exception or
other authorization is authorized in part 746 of the EAR, the license
exceptions described in part 740 of the EAR are not available to
overcome this general prohibition.
* * * * *
(10) General Prohibition Ten--Proceeding with transactions with
knowledge that a violation has occurred or is about to occur (Knowledge
Violation to Occur). You may not sell, transfer, export, reexport,
finance, order, buy, remove, conceal, store, use, loan, dispose of,
transport, forward, or otherwise service, in whole or in part, any item
subject to the EAR and exported, reexported, or transferred (in-
country) or to be exported, reexported, or transferred (in-country)
with knowledge that a violation of the Export Administration
Regulations, the Export Control Reform Act of 2018, or any order,
license, license exception, or other authorization issued thereunder
has occurred, is about to occur, or is intended to occur in connection
with the item. Nor may you rely upon any license or license exception
after notice to you of the suspension or revocation of that license or
exception. There are no license exceptions to this General Prohibition
Ten in part 740 of the EAR.
PART 740--LICENSE EXCEPTIONS
0
7. The authority citation for part 740 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. 7201 et seq.; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783.
0
8. Section 740.9 is amended by revising paragraph (a)(9)(i)
introductory text to read as follows:
Sec. 740.9 Temporary imports, exports, reexports, and transfers (in-
country) (TMP).
* * * * *
(a) * * *
(9) * * *.
(i) Commodities necessary for news-gathering purposes (and software
necessary to use such commodities) may be temporarily exported,
reexported, or transferred (in-county) for accredited news media
personnel (i.e., persons with credentials from a news-gathering or
reporting firm) to or within Belarus, Cuba, North Korea, Russia, and
Syria (see supplement no. 1 to part 740), or the Crimea region of
Ukraine and covered regions of Ukraine (as specified in Sec. 746.6) if
the commodities:
* * * * *
0
9. Section 740.19 is amended by revising paragraph (b) to read as
follows:
Sec. 740.19 Consumer Communications Devices (CCD).
* * * * *
(b) Eligible commodities and software. Commodities and software in
paragraphs (b)(1) through (16) of this section are eligible for export,
reexport, or transfer (in-country) under this section to and within
Cuba, Russia, and Belarus.
(1) Consumer computers, tablets, and peripherals including
microphones, speakers, and headphones designated EAR99 or classified
under Export Control Classification Numbers (ECCN) 5A992.c or 4A994.b;
(2) Consumer disk drives and solid-state storage equipment
classified under ECCN 5A992 or designated EAR99;
(3) Graphics accelerators and graphics coprocessors designated
EAR99;
(4) Monitors classified under ECCN 5A992.c or designated EAR99;
(5) Printers, including multifunctional printers, classified under
ECCN 5A992.c or designated EAR99;
(6) Modems, network interface cards, routers, switches, and WiFi
access points, designated EAR99 or classified under ECCNs 5A992.c or
5A991; drivers, communications, and connectivity software for such
hardware designated EAR99 or classified under ECCN 5D992.c;
(7) Network access controllers and communications channel
controllers classified under ECCN 5A991.b.4, 5A992.c, or designated
EAR99;
(8) Keyboards, mice and similar devices designated EAR99;
(9) Mobile phones, including cellular and satellite telephones,
personal digital assistants, and subscriber information module (SIM)
cards, accessories for such devices and similar devices classified
under ECCNs 5A992.c or 5A991 or designated EAR99; drivers and
connectivity software for such hardware designated EAR99 or classified
under ECCN 5D992.c;
(10) Memory devices classified under ECCN 5A992.c or designated
EAR99;
(11) Consumer ``information security'' equipment, ``software''
(except ``encryption source code''), such as firewalls, virtual private
network clients, antivirus, user authentication, password managers,
identification verification and peripherals classified under ECCNs
5A992.c or 5D992.c or designated EAR99;
(12) Digital cameras (including webcams) and memory cards
classified under ECCN 5A992 or designated EAR99;
(13) Television and radio receivers, set top boxes, video decoders
and antennas, classified under ECCNs 5A991, 5A992, or designated EAR99;
(14) Recording devices classified under ECCN 5A992 or designated
EAR99;
(15) Batteries, chargers, carrying cases and accessories for the
equipment described in paragraphs (b)(1) through (15) of this section
that are designated EAR99;
(16) Consumer ``software'' (except ``encryption source code'')
classified under ECCNs 4D994, 5D991 or 5D992.c or designated EAR99 to
be used for equipment described in paragraphs (b)(1) through (16) of
this section.
Note 1 to paragraph (b): In this paragraph, the term ``consumer''
refers to items that are:
1. Generally available to the public by being sold, without
restriction, from stock at retail selling points by means of any of the
following:
a. Over-the-counter transactions;
b. Mail order transactions;
c. Electronic transactions; or
d. Telephone call transactions; and
[[Page 57080]]
2. Designed for installation by the user without further
substantial support by the supplier.
* * * * *
Supplement No. 1 to Part 740 [Amended]
0
10. Supplement no. 1 to part 740 is amended by removing the entries for
``Belarus'' and ``Russia'' in the Country Group A table.
PART 744--END USE AND END USER CONTROLS
0
11. The authority citation for 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 15, 2021, 86 FR 52069 (September 17, 2021); Notice of
November 10, 2021, 86 FR 62891 (November 12, 2021).
0
12. Section 744.11 is amended by revising the introductory text and
paragraphs (b) introductory text and (c)(2) and adding paragraph (c)(3)
to read as follows:
Sec. 744.11 License Requirements that Apply to Entities Acting
Contrary to the National Security or Foreign Policy Interests of the
United States.
BIS may impose export, reexport, and transfer (in-country) license
requirements, limitations on availability of license exceptions, and
set license application review policy based on the criteria in this
section. Such requirements, limitations and policy are in addition to
those set forth elsewhere in the EAR. License requirements, limitations
on use of license exceptions, and license application review policy
will be imposed under this section by adding an entity to the Entity
List (supplement no. 4 to this part) with a reference to this section
and by stating on the Entity List the license requirements and license
application review policy that apply to that entity, or by informing an
exporter, reexporter, or transferor pursuant to paragraph (c) of this
section that a specific entity is subject to a license requirement,
limitations on use of license exceptions and license application review
policy as specified in a specific notice provided to an exporter,
reexporter, or transferor. BIS may remove an entity from the Entity
List if it is no longer engaged in the activities described in
paragraph (b) of this section and is unlikely to engage in such
activities in the future. BIS may modify the license exception
limitations and license application review policy that applies to a
particular entity to implement the policies of this section. BIS will
implement the provisions of this section in accordance with the
decisions of the End-User Review Committee or, if appropriate in a
particular case, in accordance with the decisions of the body to which
the End-User Review Committee decision is escalated. The End-User
Review Committee will follow the procedures set forth in Supplement No.
5 to this part.
* * * * *
(b) Criteria for revising the Entity List. Entities for which there
is reasonable cause to believe, based on specific and articulable
facts, that the entity has been involved, is involved, or poses 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 and those acting on behalf of such entities may be added
to the Entity List pursuant to this section. This section may not be
used to place on the Entity List any party to which exports or
reexports require a license pursuant to Sec. 744.8, Sec. 744.12,
Sec. 744.13, Sec. 744.14 or Sec. 744.18. This section may not be
used to place any U.S. person, as defined in Sec. 772.1 of the EAR, on
the Entity List. Paragraphs (b)(1) through (5) of this section provide
an illustrative list of activities that could be contrary to the
national security or foreign policy interests of the United States.
* * * * *
(c) * * *
(2) The export, reexport, or transfer (in-country) of specified
items to a certain party because there is an unacceptable risk that the
party is acting as an agent, front, or shell company for an entity
listed in supplement no. 4 to this part, or is otherwise assisting that
listed entity in circumventing the license requirement set forth in
that entity's entry in supplement no. 4 to this part; or
(3) The export, reexport, or transfer (in-country) of specified
items to a certain party because there is reasonable cause to believe,
based on specific and articulable facts, that the entity has been
involved, is involved, or poses 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 and those acting on
behalf of such entity. Specific notice will be given only by, or at the
direction of, the Deputy Assistant Secretary for Export Administration.
When such notice is provided orally, it will be followed by written
notice within two working days signed by the Deputy Assistant Secretary
for Export Administration or the Deputy Assistant Secretary's designee.
The specific notice will include the license requirement, limitations
on use of license exceptions, and license application review policy
with which that exporter, reexporter, or transferor must comply
pursuant to this paragraph (c)(3). The ERC may add such entities to the
Entity List in supplement no. 4 to this part.
0
13. Section 744.21 is amended by revising the section heading and
paragraphs (a), (b) introductory text, (b)(1) introductory text,
(b)(1)(ii), (d), and (e)(1) and (3) to read as follows:
Sec. 744.21 Restrictions on certain `military end uses' or `military
end users'.
(a) General prohibition. In addition to the license requirements
for items specified on the Commerce Control List (CCL) (supplement no.
1 to part 774), you may not export, reexport, or transfer (in-country):
(1) Any item subject to the EAR listed in supplement no. 2 to this
part without a license if, at the time of the export, reexport, or
transfer (in-country), you have ``knowledge,'' as defined in Sec.
772.1 of the EAR, that the item is intended, entirely or in part, for a
`military end use,' as defined in paragraph (f) of this section, in
Burma, Cambodia, the People's Republic of China (China), or Venezuela,
or a Burmese, Cambodian, Chinese, or Venezuelan `military end user,' as
defined in paragraph (g) of this section, wherever located. `Military
end users' located outside of Burma, Cambodia, China, or Venezuela are
limited to entities identified on the `Military End-User' (MEU) List
under supplement no. 7 to this part.
(2) Any item subject to the EAR without a license if, at the time
of the export, reexport, or transfer (in-country), you have
``knowledge,'' as defined in Sec. 772.1 of the EAR that the item is
intended, entirely or in part, for a `military end use,' as defined in
paragraph (f) of this section, in Belarus or Russia, or a Belarusian or
Russian `military end user,' as defined in paragraph (g) of this
section, wherever located. Belarusian or Russian `military end users'
located outside of Belarus or Russia are limited to entities identified
on the Entity List under supplement no. 4 to this part 744 with a
footnote 3 designation.
Note 1 to paragraphs (a)(1) and (2): An entity anywhere in the
world,
[[Page 57081]]
including in Burma, Cambodia, China, or Venezuela, may be listed on the
Entity List as a Belarusian or Russian `military end user' with a
footnote 3 designation. If the entity is not a Belarusian or Russian
`military end user,' but has otherwise been identified by the End User
Review Committee (ERC) as a `military end user,' that entity may be
identified under the `Military End-User' (MEU) List under supplement
no. 7 to this part. As noted in paragraph (a)(1) of this section,
exporters, reexporters, and transferors, even in the absence of any
such notification, are not excused from compliance with the license
requirements of this paragraph (a) for all entities in Burma, Cambodia,
China, or Venezuela to determine whether the entity is a `military end
user' for purposes of paragraph (g) of this section because supplement
no. 7 is not an exhaustive listing of `military end users' in those
countries. As noted in paragraph (a)(2) of this section, exporters,
reexporters, and transferors, even in the absence of any such
notification, are not excused from compliance with the license
requirements of this paragraph (a) for all entities in Belarus or
Russia to determine whether the entity is a `military end user' for
purposes of paragraph (g) of this section because supplement no. 4
under this part is not an exhaustive listing of `military end users' in
those countries.
(b) Additional prohibition on those informed by BIS. BIS may inform
you either individually by specific notice, through amendment to the
EAR published in the Federal Register, or through a separate
notification published in the Federal Register, that a license is
required for specific exports, reexports, or transfers (in-country) of
any item because there is an unacceptable risk of use in or diversion
to a `military end use' in Belarus, Burma, Cambodia, China, the Russian
Federation, or Venezuela, or for a Belarusian, Burmese, Cambodian,
Chinese, Russian, or Venezuelan `military end user,' wherever located.
Specific notice will be given only by, or at the direction of, the
Deputy Assistant Secretary for Export Administration. When such notice
is provided orally, it will be followed by written notice within two
working days signed by the Deputy Assistant Secretary for Export
Administration or the Deputy Assistant Secretary's designee. The
absence of BIS notification does not excuse the exporter from
compliance with the license requirements of paragraph (a) of this
section.
(1) `Military End-User' (MEU) List. BIS may inform and provide
notice to the public that certain entities are subject to the
additional prohibition described under this paragraph (b) following a
determination by the End-User Review Committee (ERC) that a specific
entity is a `military end user' pursuant to this section and therefore
any exports, reexports, or transfers (in-country) to that entity
represent an unacceptable risk of use in or diversion to a `military
end use' in Belarus, Burma, Cambodia, China, the Russian Federation, or
Venezuela, or for a Belarusian, Burmese, Cambodian, Chinese, Russian,
or Venezuelan `military end user,' wherever located. Such Burmese,
Cambodian, Chinese, or Venezuelan `military end users' may be added to
supplement no. 7 to this part--`Military End-User' (MEU) List. Such
Belarusian or Russian `military end users' may also be added to
supplement no. 4 to this part--Entity List and will be listed with a
footnote 3 designation. License requirements for listed MEU are
described in paragraph (b)(1)(ii) of this section. The listing of
entities under supplements no. 7 or 4 to this part is not an exhaustive
listing of `military end users' for purposes of this section, except
for `military end users' of a country identified in this section
(Belarus, Burma, Cambodia, China, the Russian Federation, or Venezuela)
not located in that same country. As specified in paragraphs (a)(1) and
(2) of this section, `military end users' of a country identified in
this section not located in that same country are exhaustively listed
on either the Entity List with a footnote 3 designation or on the
Military End-User (MEU) List under supplement no. 7 this part.
Exporters, reexporters, and transferors are responsible for determining
whether transactions with entities not listed on supplement no. 7 or 4
to this part are subject to a license requirement under paragraph (a)
of this section. The process in this paragraph (b)(1) for placing
entities on the MEU List and Entity List is only one method BIS may use
to inform exporters, reexporters, and transferors of license
requirements under this section.
* * * * *
(ii) License requirement for parties to the transaction. Consistent
with paragraph (a) of this section, a license is required for the
export, reexport, or transfer (in-country) of any item subject to the
EAR listed in supplement no. 2 to this part when an entity that is
listed on the MEU List as a Burmese, Cambodian, Chinese, or Venezuelan
`military end user' is a party to the transaction as described in Sec.
748.5(c) through (f) of the EAR. Consistent with paragraph (a) of this
section, a license is required for the export, reexport, or transfer
(in-country) of any item subject to the EAR when a Belarusian or
Russian `military end user' that is listed on the Entity List pursuant
to this section is a party to the transaction as described in Sec.
748.5(c) through (f) of the EAR.
* * * * *
(d) License application procedure. When submitting a license
application pursuant to this section, you must state in the
``additional information'' block of the application that ``this
application is submitted because of the license requirement in this
section (Restrictions on certain `military end uses' or `military end
users').'' In addition, either in the additional information block of
the application or in an attachment to the application, you must
include all known information concerning the `military end use' and
`military end user(s)' of the item(s). If you submit an attachment with
your license application, you must reference the attachment in the
``additional information'' block of the application.
(e) * * *.
(1) Applications to export, reexport, or transfer (in-country)
items described in paragraph (a)(1) of this section will be reviewed
with a presumption of denial. Applications to export, reexport, or
transfer (in-country) items described in paragraph (a)(2) of this
section will be reviewed with a policy of denial except for food and
medicine designated as EAR99, which will be reviewed under a case-by-
case review policy, unless otherwise stated in the license review
policy column on the Entity List (supplement no. 4 to this part).
* * * * *
(3) Applications for items requiring a license for any reason that
are destined for a `military end use' in Belarus, Burma, Cambodia,
China, the Russian Federation, or Venezuela or for a Belarusian,
Burmese, Cambodian, Chinese, Russian, or Venezuelan `military end
user,' wherever located, also will be subject to the review policy
stated in paragraph (e)(1) of this section.
* * * * *
0
14. Section 744.22 is amended by revising paragraphs (a), (b), and
(f)(2) introductory text and adding paragraph (f)(2)(xi) to read as
follows:
Sec. 744.22 Restrictions on exports, reexports, and transfers (in-
country) to certain military-intelligence end uses or end users.
(a) General prohibition. In addition to the license requirements
for items specified on the Commerce Control List
[[Page 57082]]
(CCL) (supplement no. 1 to part 774 of the EAR), you may not export,
reexport, or transfer (in-country) any item subject to the EAR without
a license from BIS if, at the time of the export, reexport, or transfer
(in-country), you have ``knowledge'' that the item is intended,
entirely or in part, for a `military-intelligence end use' in Belarus,
Burma, Cambodia, the People's Republic of China (China), Russia, or
Venezuela; or a country listed in Country Groups E:1 or E:2 (see
supplement no. 1 to part 740 of the EAR), or for a Belarusian, Burmese,
Cambodian, Chinese, Russian, or Venezuelan `military-intelligence end
user' or a `military-intelligence end user' of a country listed in
Country Group E:1 or E:2, wherever located. `Military intelligence end-
users' located outside of Belarus, Burma, Cambodia, the People's
Republic of China (China), Russia, or Venezuela; or a country listed in
Country Groups E:1 or E:2, are limited to entities identified under
paragraph (f)(2) of this section.
(b) Additional prohibition on those informed by BIS. BIS may inform
you either individually by specific notice, through amendment to the
EAR published in the Federal Register, or through a separate
notification published in the Federal Register, that a license is
required for specific exports, reexports, or transfers (in-country) of
any item subject to the EAR because there is an unacceptable risk of
use in, or diversion to, a `military-intelligence end use' in Belarus,
Burma, Cambodia, China, Russia, or Venezuela; or a country listed in
Country Group E:1 or E:2 (see supplement no. 1 to part 740 of the EAR),
or for a Belarusian, Burmese, Cambodian, Chinese, Russian, or
Venezuelan `military-intelligence end user' or a `military-intelligence
end user' of a country listed in Country Group E:1 or E:2, wherever
located.
* * * * *
(f) * * *
(2) `Military-intelligence end user' means any intelligence or
reconnaissance organization of the armed services (army, navy, marine,
air force, or coast guard); or national guard. For license requirements
applicable to other government intelligence or reconnaissance
organizations of these countries, see Sec. 744.21. `Military-
intelligence end users' subject to the license requirements set forth
in this section located in Belarus, Burma, Cambodia, China, Russia, or
Venezuela; or a country listed in Country Groups E:1 or E:2 (see
supplement no. 1 to part 740 of the EAR) include, but are not limited
to, the `military-intelligence end users' identified in this paragraph
(f)(2). For `military-intelligence end users' located in all other
countries this paragraph (f)(2) is an exhaustive listing.
* * * * *
(xi) Other countries. Paragraph (f)(2)(ix) of this section
identifies `military-intelligence end users' located in all countries
other than those identified in paragraphs (f)(2)(i) through (x) of this
section.
0
15. Supplement No. 4 to part 744 is amended:
0
a. Under CHINA by revising the entries for ``Connec Electronic Ltd.,''
``King Pai Technology Co., Ltd.,'' ``Sinno Electronics Co., Ltd.,''
``Winninc Electronic,'' and ``World Jetta (H.K.) Logistics Limited'';
0
b. Under LITHUANIA by revising the entry for ``Sinno Electronics'';
0
c. Under RUSSIA by revising the entry for ``KingPai Technology Int'l
Co., Limited'';
0
d. Under UNITED KINGDOM by revising the entry for ``Connec
Electronic'';
0
e. Under UZBEKISTAN by revising the entry for ``Promcomplektlogistic
Private Company''; and
0
f. Under VIETNAM by revising the entry for ``KingPai Technology Int'l
Co., Limited''.
The revisions read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
----------------------------------------------------------------------------------------------------------------
License review Federal Register
Country Entity License requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
CHINA, PEOPLE'S * * * * * *
REPUBLIC OF.
Connec Electronic Ltd., For all items Policy of Denial 87 FR 38925, 6/30/
a.k.a., the following two subject to the for all items 22. 87 FR
aliases: EAR. (See Sec. subject to the [INSERT FR PAGE
--Suzhou Konecot Sec. EAR apart from NUMBER AND 9/16/
Electronics; and 734.9(g),\3\ food and 22].
--Suzhou Ke Nai Ke Te Dianzi 746.8(a)(3), and medicine
Youxian Gongsi. 744.21(b) of the designated as
Room 1110, No 168, Fenjiang EAR.) EAR99, which
Road, Mudu Town, Wuzhong will be reviewed
District, Suzhou City, on a case-by-
China; and 5015 East case basis. See
Shennan Rd, Shenzhen, Sec. Sec.
China; and 10/F., Flat U 746.8(b) and
Valiant Industrial Centre, 744.21(e).
2 to 12 Au Pui Wan Street,
Hong Kong. (See alternate
addresses under United
Kingdom).
* * * * * *
King Pai Technology Co., For all items Policy of Denial 87 FR 38925, 6/30/
Ltd., a.k.a., the following subject to the for all items 22. 87 FR
four aliases: EAR. (See Sec. subject to the [INSERT FR PAGE
--King-Pai Technology (HK) Sec. EAR apart from NUMBER AND 9/16/
Co., Limited; 734.9(g),\3\ food and 22].
--KingPai Technology Int'l 746.8(a)(3), and medicine
Co., Limited; 744.21(b) of the designated as
--KingPai Technology Group EAR.) EAR99, which
Co., Limited; and will be reviewed
--Jinpai Technology (Hong on a case-by-
Kong) Co., Ltd. case basis. See
Sec. Sec.
746.8(b) and
744.21(e).
[[Page 57083]]
No 13 4/F., Flourish
Industrial Building, No. 33
Sheung Yee Road, Kowloon
Bay, Kowloon, Hong Kong;
and 1488E, Block A,
Shenfang Building, Huaqiang
North Road, Futian
District, Shenzhen, China;
and Room 804, Block A,
Shenfang Building, Huaqiang
North Road, Futian
District, Shenzhen, China;
and Room 1508, Block A,
Shenfang Building, Huaqiang
North Road, Futian
District, Shenzhen, China;
and Room 1509, Block A,
Shenfang Building, Huaqiang
North Road, Futian
District, Shenzhen, China;
and Room 1805, Poly Tianyue
Center, 332 Gaoxin Guanshan
Avenue, East Lake, Wuhan,
China; and 908
International Finance
Building, No 633, Keji 2nd
Street, Songbei District,
Harbin, Heilongjiang,
China. (See alternate
addresses under Russia and
Vietnam).
* * * * * *
Sinno Electronics Co., Ltd., For all items Policy of Denial 87 FR 38925, 6/30/
a.k.a., the following one subject to the for all items 22. 87 FR
alias: EAR. (See Sec. subject to the [INSERT FR PAGE
--Xinnuo Electronic Sec. EAR apart from NUMBER AND 9/16/
Technology. 734.9(g),\3\ food and 22].
Rm 2408 Dynamic World 746.8(a)(3), and medicine
Building, Zhonghang Rd, 744.21(b) of the designated as
Futian District, Shenzhen, EAR.) EAR99, which
China; and Rm 10905 Xingda will be reviewed
Garden Building, Kaiyuan on a case-by-
Rod, Xingsha Development case basis. See
Area, Changsha, China; and Sec. Sec.
Rm B22, 1F, Block B East 746.8(b) and
Sun Industrial Centre, 16 744.21(e).
Shing Yip Street, Kwun
Tong, Kowloon, Hong Kong.
(See alternate address
under Lithuania).
* * * * * *
Winninc Electronic, Gaokede For all items Policy of Denial 87 FR 38925, 6/30/
Building, Huaqiang North, subject to the EAR for all items 22. 87 FR
Shenzhen, China; and 1203 (See Sec. Sec. subject to the [INSERT FR PAGE
High Technology Building, 734.9(g),\3\ EAR apart from NUMBER AND 9/16/
Guangbutun Wuchang 746.8(a)(3), and food and 22].
District, Wuhan, China; and 744.21(b) of the medicine
#4 Dong Aocheng 1618, EAR.) designated as
Nanshan District, Shenzhen, EAR99, which
China; and 2818 Glittery will be reviewed
City Shennan Middle Road, on a case-by-
Shenzhen, China; and Unit case basis. See
01 & 03, 1/F Lai Sun Yuen Sec. Sec.
Long, No. 27 Wang Yip 746.8(b) and
Street East, Yuen Long, 744.21(e).
N.T., Hong Kong; and Unit
04, 8/F Bright Way Tower
No. 33 Mong Kok Rd
Konglong, Hong Kong.
* * * * * *
World Jetta (H.K.) Logistics For all items Policy of Denial 87 FR 38925, 6/30/
Limited, a.k.a., the subject to the EAR for all items 22. 87 FR
following one alias: (See Sec. Sec. subject to the [INSERT FR PAGE
--Hong Kong Shijieda 734.9(g),\3\ EAR apart from NUMBER AND 9/16/
Logistics. 746.8(a)(3), and food and 22].
1017 Building B Jiahe 744.21(b) of the medicine
Huangqiang Block, Futian EAR.) designated as
District, Shenzhen, China. EAR99, which
will be reviewed
on a case-by-
case basis. See
Sec. Sec.
746.8(b) and
744.21(e).
* * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 57084]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
LITHUANIA.............. Sinno Electronics, Kirtimu G For all items Policy of Denial 87 FR 38925, 6/30/
41, Vilnius, Lithuania. subject to the for all items 22. 87 FR
(See alternate address EAR. (See Sec. subject to the [INSERT FR PAGE
under China). Sec. EAR apart from NUMBER AND 9/16/
734.9(g),\3\ food and 22].
746.8(a)(3), and medicine
744.21(b) of the designated as
EAR.) EAR99, which
will be reviewed
on a case-by-
case basis. See
Sec. Sec.
746.8(b) and
744.21(e).
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
RUSSIA................. * * * * * *
KingPai Technology Int'l For all items Policy of Denial 87 FR 38925, 6/30/
Co., Limited, 3 subject to the for all items 22. 87 FR 38925,
Gostnichnaya St, Moscow, EAR. (See Sec. subject to the 6/30/22. 87 FR
Russia. (See alternate Sec. EAR apart from [INSERT FR PAGE
addresses under China and 734.9(g),\3\ food and NUMBER AND 9/16/
Vietnam). 746.8(a)(3), and medicine 22].
744.21(b) of the designated as
EAR.) EAR99, which
will be reviewed
on a case-by-
case basis. See
Sec. Sec.
746.8(b) and
744.21(e).
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
UNITED KINGDOM......... * * * * * *
Connec Electronic, 36 For all items Policy of Denial 87 FR 38925, 6/30/
Gerrard Street, London, subject to the for all items 22. 87 FR
England, United Kingdom; EAR. (See Sec. subject to the [INSERT FR PAGE
and 38 John Ashby Close, Sec. EAR apart from NUMBER AND 9/16/
London, England, United 734.9(g),\3\ food and 22].
Kingdom. (See alternate 746.8(a)(3), and medicine
addresses under China). 744.21(b) of the designated as
EAR.) EAR99, which
will be reviewed
on a case-by-
case basis. See
Sec. Sec.
746.8(b) and
744.21(e).
* * * * * *
----------------------------------------------------------------------------------------------------------------
UZBEKISTAN............. Promcomplektlogistic Private For all items Policy of Denial 87 FR 38925, 6/30/
Company, a.k.a., the subject to the for all items 22. 87 FR
following one alias: EAR. (See Sec. subject to the [INSERT FR PAGE
--Private Enterprise Sec. EAR apart from NUMBER AND 9/16/
Promcomplektlogistic. 734.9(g),\3\ food and 22].
16 A Navoi St, 746.8(a)(3), and medicine
Shaykhantakhur Region, 744.21(b) of the designated as
Tashkent, Uzbekistan. EAR.) EAR99, which
will be reviewed
on a case-by-
case basis. See
Sec. Sec.
746.8(b) and
744.21(e).
----------------------------------------------------------------------------------------------------------------
VIETNAM................ * * * * * *
KingPai Technology Int'l For all items Policy of Denial 87 FR 38925, 6/30/
Co., Limited, 143-6th subject to the for all items 22. 87 FR
Street, 1 Town, Linh Xuan EAR. (See Sec. subject to the [INSERT FR PAGE
Ward, Thu Duc District, Ho Sec. EAR apart from NUMBER AND 9/16/
Chi Minh City, Vietnam. 734.9(g),\3\ food and 22].
(See alternate addresses 746.8(a)(3), and medicine
under China and Russia). 744.21(b) of the designated as
EAR.) EAR99, which
will be reviewed
on a case-by-
case basis. See
Sec. Sec.
746.8(b) and
744.21(e).
----------------------------------------------------------------------------------------------------------------
* * * * * *
\3\ For this entity, ``items subject to the EAR'' includes foreign-produced items that are subject to the EAR
under Sec. 734.9(g) of the EAR. See Sec. Sec. 746.8 and 744.21 of the EAR for related license
requirements, license review policy, and restrictions on license exceptions.
[[Page 57085]]
PART 746--EMBARGOES AND OTHER SPECIAL CONTROLS
0
16. The authority citation for 15 CFR part 746 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. 287c; Sec 1503, Pub. L. 108-11, 117
Stat. 559; 22 U.S.C. 2151 note; 22 U.S.C. 6004; 22 U.S.C. 7201 et
seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3
CFR, 2004 Comp., p 168; Presidential Determination 2003-23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Presidential Determination 2007-7,
72 FR 1899, 3 CFR, 2006 Comp., p. 325; Notice of May 6, 2021, 86 FR
26793 (May 10, 2021).
0
17. Section 746.5 is amended by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a)(1)(i) through (iii);
0
c. Adding paragraph (a)(1)(iv);
0
d. Revising the first sentence in paragraph (a)(2); and
0
e. Revising paragraphs (b) and (c).
The revisions and addition read as follows:
Sec. 746.5 Russian and Belarusian industry sector sanctions.
(a) * * *
(1) * * *
(i) A license is required to export, reexport, or transfer (in-
country) any item subject to the EAR listed in supplement no. 2 to this
part and items specified in ECCNs 0A998, 1C992, 3A229, 3A231, 3A232,
6A991, 8A992, and 8D999 when you ``know'' that the item will be used
directly or indirectly in exploration for, or production of, oil or gas
in Russian deepwater (greater than 500 feet) or Arctic offshore
locations or shale formations in Russia or Belarus, or are unable to
determine whether the item will be used in such projects. Such items
include, but are not limited to, drilling rigs, parts for horizontal
drilling, drilling and completion equipment, subsea processing
equipment, Arctic-capable marine equipment, wireline and down hole
motors and equipment, drill pipe and casing, software for hydraulic
fracturing, high pressure pumps, seismic acquisition equipment,
remotely operated vehicles, compressors, expanders, valves, and risers.
(ii) A license is required to export, reexport, or transfer (in-
country) any item subject to the EAR listed in supplement no. 4 to this
part to or within Russia or Belarus.
(iii) A license is required to export, reexport, or transfer (in-
country) any item subject to the EAR listed in supplement no. 6 to this
part to or within Russia or Belarus.
(iv) You should be aware that other provisions of the EAR,
including parts 742 and 744 and Sec. 746.8, also apply to exports,
reexports, and transfers (in-country) to Russia or Belarus. License
applications submitted to BIS under this section may include the phrase
``Sec. 746.5(a)(1)(i)'', ``Sec. 746.5(a)(1)(ii)'', or ``Sec.
746.5(a)(1)(iii)'' in Block 9 (Special Purpose) as described in
supplement no. 1 to part 748 of the EAR.
(2) * * * BIS may inform persons, either individually by specific
notice or through amendment to the EAR, that a license is required for
a specific export, reexport, or transfer (in-country) or for the
export, reexport, or transfer (in-country) of specified items to a
certain end-user or end-use, because there is an unacceptable risk of
use in, or diversion to, the activities specified in paragraph (a)(1)
of this section in Russia or Belarus. * * *
(b) Licensing policy. (1) Applications for the export, reexport, or
transfer (in-country) of any item pursuant to paragraph (a)(1)(i) of
this section that requires a license for Russia or Belarus will be
reviewed under a policy of denial when for use directly or indirectly
for exploration or production from deepwater (greater than 500 feet),
Arctic offshore, or shale projects in Russia or Belarus that have the
potential to produce oil or gas, except that applications for export,
reexport, or transfer (in-country) of items that may be necessary for
health and safety reasons will be reviewed under a case-by case license
review policy.
(2) Applications for the export, reexport, or transfer (in-country)
of any item pursuant to paragraph (a)(1)(ii) or (iii) of this section
that requires a license for Russia or Belarus will be reviewed under a
policy of denial, except that applications for export, reexport, or
transfer (in-country) of items that may be necessary for health and
safety reasons or for items that meet humanitarian needs will be
reviewed under a case-by case license review policy.
(c) License exceptions. No license exceptions may overcome the
license requirements set forth in this section, except the following
license exceptions identified in paragraphs (c)(1) and (2) of this
section.
(1) License Exception GOV (Sec. 740.11(b)).
(2) License Exception CCD (Sec. 740.19 of the EAR).
0
18. Section 746.8 is amended by:
0
a. Revising paragraphs (a) introductory text and (a)(1);
0
b. Redesignating note 1 to paragraph (a) as note 2 to paragraph (a);
and
0
c. Revising paragraphs (b) and (c)(3) and (6).
The revisions read as follows:
Sec. 746.8 Sanctions against Russia and Belarus.
(a) License requirements. For purposes of paragraphs (a)(1) and (2)
of this section, commodities and software classified under ECCNs 5A992
or 5D992 that have been `classified in accordance with Sec. 740.17' do
not require a license to or within Russia or Belarus for civil end-
users that are wholly-owned U.S. subsidiaries, branches, or sales
offices, foreign subsidiaries, branches, or sales offices of U.S.
companies that are joint ventures with other U.S. companies, joint
ventures of U.S. companies with companies headquartered in countries
from Country Group A:5 and A:6 in supplement no. 1 to part 740 of the
EAR, the wholly-owned subsidiaries, branches, or sales offices of
companies headquartered in countries from Country Group A:5 and A:6 in
supplement no. 1 to part 740, or joint ventures, branches, or sales
offices of companies headquartered in Country Group A:5 and A:6 with
other companies headquartered in Country Groups A:5 and A:6. In
addition, for purposes of paragraphs (a)(1) and (2), transfers within
Russia or Belarus for reexports (i.e., return) to the United States or
a country in Country Group A:5 or A:6 of any item, provided the owner
retains title to and control of the item at all times, do not require a
license. If a license is required for a reexport to a Country Group A:5
or A:6 country from Russia or Belarus, a separate EAR authorization is
required to authorize the reexport.
(1) Items classified in any ECCN on the CCL. In addition to license
requirements specified on the Commerce Control List (CCL) in supplement
no. 1 to part 774 of the EAR and in other provisions of the EAR,
including part 744 and other sections of part 746, a license is
required, excluding deemed exports and deemed reexports, to export,
reexport, or transfer (in-country) to or within Russia or Belarus any
item subject to the EAR and specified in any Export Control
Classification Number (ECCN) on the CCL.
Note 1 to paragraph (a)(1): The exclusion for deemed exports and
deemed reexports is limited to the license requirements specified in
this paragraph (a)(1). Any deemed export or deemed reexport to a
Russian or Belarusian national must be made in accordance with all
other applicable EAR license requirements, such as CCL-based license
requirements. For
[[Page 57086]]
example, the release of NS1 controlled technology to a Russian or
Belarusian national in the United States or in a third country would
require a CCL-based deemed export or deemed reexport license (as
applicable). Consequently, authorization (in the form of a deemed
export or deemed reexport license, or license exception eligibility)
would be required under the EAR notwithstanding the exclusion in this
paragraph (a)(1).
* * * * *
(b) Licensing policy. With limited exceptions, applications for the
export, reexport, or transfer (in-country) of any item that requires a
license for export or reexport to or transfer pursuant to the
requirements of this section will be reviewed with a policy of denial.
The following types of license applications for licenses required under
paragraphs (a)(1) and (2) of this section will be reviewed on a case-
by-case basis to determine whether the transaction in question would
benefit the Russian or Belarusian government or defense sector:
applications related to safety of flight; applications related to
maritime safety; applications for civil nuclear safety; applications to
meet humanitarian needs; applications that support government space
cooperation; applications for items destined to wholly-owned U.S.
subsidiaries, branches, or sales offices, foreign subsidiaries,
branches, or sales offices of U.S. companies that are joint ventures
with other U.S. companies, joint ventures of U.S. companies with
companies headquartered in countries from Country Group A:5 and A:6 in
supplement no. 1 to part 740 of the EAR, the wholly-owned subsidiaries,
branches, or sales offices of companies headquartered in countries from
Country Group A:5 and A:6 in supplement no. 1 to part 740, joint
ventures of companies headquartered in Country Groups A:5 and A:6 with
other companies headquartered in Country Groups A:5 and A:6;
applications for companies headquartered in Country Groups A:5 and A:6
to support civil telecommunications infrastructure; and government-to-
government activities. License applications required under paragraph
(a)(3) of this section will be reviewed under a policy of denial in all
cases.
(c) * * *
(3) License Exception TSU for software updates for civil end-users
that are wholly-owned U.S. subsidiaries, branches, or sales offices,
foreign subsidiaries, branches, or sales offices of U.S. companies that
are joint ventures with other U.S. and companies, joint ventures of
U.S. companies with companies headquartered in countries from Country
Group A:5 and A:6 in supplement no. 1 to part 740 of the EAR countries,
the wholly-owned subsidiaries, branches, or sales offices of companies
headquartered in countries from Country Group A:5 and A:6 in supplement
no. 1 to part 740, or joint ventures of companies headquartered in
Country Group A:5 and A:6 with other companies headquartered in Country
Groups A:5 and A:6 (Sec. 740.13(c) of the EAR).
* * * * *
(6) License Exception ENC for civil end-users that are wholly-owned
U.S. subsidiaries, branches, or sales offices, foreign subsidiaries,
branches, or sales offices of U.S. companies that are joint ventures
with other U.S. companies, joint ventures of U.S. companies with
companies headquartered in countries from Country Group A:5 and A:6 in
supplement no. 1 to part 740 of the EAR countries, the wholly-owned
subsidiaries, branches, or sales offices of companies headquartered in
countries from Country Group A:5 and A:6 in supplement no. 1 to part
740, or joint ventures of companies headquartered in Country Group A:5
and A:6 with other companies headquartered in Country Groups A:5 and
A:6 (Sec. 740.13(c) of the EAR) (Sec. 740.17 of the EAR).
* * * * *
0
19. Section 746.10 is amended by revising paragraph (b) and paragraph
(c) introductory text and adding paragraph (c)(3) to read as follows:
Sec. 746.10 `Luxury Goods' Sanctions Against Russia and Belarus and
Russian and Belarusian Oligarchs and Malign Actors.
* * * * *
(b) Licensing policy. Applications for the export, reexport, or
transfer (in-country) of any item that requires a license for export or
reexport to or transfer (in-country) pursuant to the requirements of
this section will be reviewed with a policy of denial, except
applications involving items to meet humanitarian needs will be
reviewed on a case-by-case basis. The case-by-case license application
review policy for items to meet humanitarian needs is included to
address certain `luxury goods' items that may be used in medical
devices or situations in which a case-by-case analysis is needed to
determine whether a license application should be approved to meet
humanitarian needs while also taking into account the applicable
broader U.S. national security and foreign policy concerns.
(c) License exceptions. No license exceptions may overcome the
license requirements in paragraph (a)(1) of this section except the
license exceptions identified in paragraphs (c)(1) through (3) of this
section. No license exceptions may overcome the license requirements in
paragraph (a)(2) of this section.
* * * * *
(3) License Exception CCD (Sec. 740.19 of the EAR).
0
20. Supplement No. 4 to part 746 is amended by:
0
a. Revising the heading;
0
b. Adding a new second sentence to paragraph (a); and
0
c. Adding in numerical order the following entries to the table:
``8418610100,'' ``8427204000,'' ``8427208020,'' ``8427208040,''
``8442300110,'' ``8442300150,'' ``8443110000,'' ``8461500010,''
``8461500020,'' ``8461500050,'' ``8461500090,'' ``8502130020,''
``8502130040,'' ``8506600000,'' ``8516210000,'' ``8540712000,''
``8540714000,'' ``8541100040,'' ``8541100050,'' ``8541100060,''
``8541100070,'' ``8541100080,'' ``8541510000,'' ``8541590040,''
``8541590080,'' ``8541600025,'' ``8541600060,'' ``8541600080,''
``8541900000,'' ``8542310000,'' ``8542320015,'' ``8542320023,''
``8542320040,'' ``8542320050,'' ``8542320060,'' ``8542320070,''
``8542330000,'' ``8542390000,'' ``8542900000,'' ``8601100000,''
``9006300000,'' ``9006400000,'' ``9006530205,'' ``9006530290,''
``9006591900,'' ``9006592000,'' ``9006599500,'' ``9006610000,''
``9006690110,'' ``9006690150,'' ``9006910002,'' ``9006990000,''
``9026105000,'' ``9026107000,'' ``9026200000,'' ``9026800000,'' and
``9026900000.''
The revision and additions read as follows:
Supplement No. 4 to Part 746--HTS Codes and Schedule B Numbers That
Require a License for Export, Reexport, and Transfer (In-Country) to or
Within Russia or Belarus Pursuant to Sec. 746.5(a)(1)(ii)
(a) * * * The items described in supplement no. 4 to part 746
include any modified or designed ``components,'' ``parts,''
``accessories,'' and ``attachments'' therefor regardless of the
Schedule B, Schedule B Description, HTS Code, or HTS Description of the
``components,'' ``parts,'' ``accessories,'' and ``attachments,'' apart
from any ``part'' or minor ``component'' that is a fastener (e.g.,
screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer,
[[Page 57087]]
spacer, insulator, grommet, bushing, spring, wire, or solder. * * *
* * * * *
----------------------------------------------------------------------------------------------------------------
Schedule B Schedule B description HTS code HTS description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8418610100.............................. Heat Pumps Other Than Air 841861 Compression Type Heat Pump
Conditioning Machines Of Units Whose Condensers
Heading 8415. Are Heat Exchangers
(Excluding Reversible
Heat Pumps Capable Of
Changing Temperature And
Humidity) \1\.
* * * * * * *
8427204000.............................. Rider-Type,............... 842720 Self-Propelled Lifting Or
Counterbalanced,.......... Handling Trucks Powered
Self-Propelled Fork-Lift By Other Than An Electric
Trucks. Motor \1\.
8427208020.............................. Self-Propelled Aerial Work 842720 Self-Propelled Lifting Or
Platforms. Handling Trucks Powered
By Other Than An Electric
Motor \1\.
8427208040.............................. Self-Propelled Fork-Lift 842720 Self-Propelled Lifting Or
And Other Works Trucks Handling Trucks Powered
Fitted With Lifting By Other Than An Electric
Equip, Nesoi. Motor \1\.
* * * * * * *
8442300110.............................. Phototypesetting And 844230 Machinery, Apparatus And
Composing Machines. Equipment, Nesoi, For
Preparing Or Making
Printing Blocks, Plates,
Cylinders Or Other
Printing Components \1\.
8442300150.............................. Machinery, Apparatus And 844230 Machinery, Apparatus And
Equipment For Preparing Equipment, Nesoi, For
Or Making Printing Preparing Or Making
Plates, Cylinders Or Printing Blocks, Plates,
Other Printing Cylinders Or Other
Components, Nesoi. Printing Components \1\.
* * * * * * *
8443110000.............................. Reel-Fed Offset Printing 844311 Offset Printing Machinery,
Machinery. Reel-Fed \1\.
* * * * * * *
8461500010.............................. Sawing Or Cutting-Off 846150 Sawing Or Cutting-Off
Machines, Metal Removing, Machines For Removing
Used Or Rebuilt. Metal \1\.
8461500020.............................. Sawing Or Cutting-Off 846150 Sawing Or Cutting-Off
Machines, Metal Removing, Machines For Removing
Valued Under $3025 Each, Metal \1\.
New.
8461500050.............................. Sawing Or Cutting-Off 846150 Sawing Or Cutting-Off
Machines, Metal Removing, Machines For Removing
Numerically Controlled, Metal \1\.
Valued $2,500 And Over,
New.
8461500090.............................. Sawing Or Cutting-Off 846150 Sawing Or Cutting-Off
Machines, Metal Removing, Machines For Removing
Except Numerically Metal \1\.
Controlled, Valued 3,025
Over, New.
* * * * * * *
8502130020.............................. Generating Sets, Electric, 850213 Generating Sets With
Diesel, Or Semidiesel, Of Compression-Ignition
An Output Exceeding 375 Internal Combustion
Kva But Not Exceeding Piston (Diesel Or Semi-
1,000 KVA. Diesel) Engines, Of An
Output Exceeding 375 KVA
\1\.
8502130040.............................. Generating Sets, Electric, 850213 Generating Sets With
Diesel, Of An Output Compression-Ignition
Exceeding 1,000 KVA. Internal Combustion
Piston (Diesel Or Semi-
Diesel) Engines, Of An
Output Exceeding 375 KVA
\1\.
* * * * * * *
8506600000.............................. Primary Batteries, Air- 850660 Primary Cells And Primary
Zinc. Batteries, Air-Zinc \1\.
* * * * * * *
8516210000.............................. Electric Storage Heating 851621 Electric Storage Heating
Radiators. Radiators \1\.
* * * * * * *
8540712000.............................. Magnetrons Modified For 854071 Magnetron Microwave Tubes
Use In Microwave Ovens. \1\.
8540714000.............................. Magnetron Microwave Tubes, 854071 Magnetron Microwave Tubes
Nesoi. \1\.
* * * * * * *
8541100040.............................. Unmounted Chips Dice 854110 Diodes, Other Than
Wafers For Diodes Other Photosensitive Or Light-
Than Photosensitive Or Emitting Diodes \1\.
Lightemitting Diodes.
[[Page 57088]]
8541100050.............................. Zener Diodes.............. 854110 Diodes, Other Than
Photosensitive Or Light-
Emitting Diodes \1\.
8541100060.............................. Microwave Diodes.......... 854110 Diodes, Other Than
Photosensitive Or Light-
Emitting Diodes \1\.
8541100070.............................. Diodes Other Than 854110 Diodes, Other Than
Photosensitve Or Led With Photosensitive Or Light-
A Maximum Current Of 05 A Emitting Diodes \1\.
Or Less.
8541100080.............................. Diodes Other Than 854110 Diodes, Other Than
Photosensitve Or Led With Photosensitive Or Light-
A Current Greater Than 05 Emitting Diodes \1\.
A.
8541510000.............................. Semiconductor Based 854151 Semiconductor Based
Transducers. Transducers \1\.
8541590040.............................. Unmounted Chips Dice 854159 Semiconductor Devices,
Wafers For Semiconductor Nesoi \1\.
Devices Nesoi.
8541590080.............................. Semiconductor Devices 854159 Semiconductor Devices,
Nesoi. Nesoi \1\.
8541600025.............................. Mounted Piezoelectric 854160 Mounted Piezoelectric
Crystals Quartz Designed Crystals \1\.
For Operating Frequencies
Not Exceeding 20 Mhz.
8541600060.............................. Mounted Piezoelectric 854160 Mounted Piezoelectric
Crystals Quartz Designed Crystals \1\.
For Operating Frequencies
Exceeding 20 Mhz.
8541600080.............................. Mounted Piezoelectric 854160 Mounted Piezoelectric
Crystals Except Quartz. Crystals \1\.
8541900000.............................. Diode Transistor Similar 854190 Parts For Diodes,
Semiconductor Device Transistors And Similar
Parts. Semiconductor Devices;
Parts For Photosensitive
Semiconductor Devices And
Mounted Piezoelectric
Crystals \1\.
8542310000.............................. Electronic Integrated 854231 Processors And
Circuits Processors Controllers, Electronic
Controllers Whnot Integrated Circuits \1\.
Combined Wmemories
Converters Logic Circuits
Amplifiers Clock Etc.
8542320015.............................. Electric Integrated 854232 Memories, Electronic
Circuits Memory Dynamic Integrated Circuits \1\.
Readwrite Random Access
Not Over 1 Gigabit.
8542320023.............................. Electronic Integrated 854232 Memories, Electronic
Circuits Memory Dynamic Integrated Circuits \1\.
Readwrite Random Access
Dram Over 1 Gigabit.
8542320040.............................. Electric Integrated 854232 Memories, Electronic
Circuits Memory Static Integrated Circuits \1\.
Readwrite Random Access
Sram.
8542320050.............................. Electronic Integrated 854232 Memories, Electronic
Circuits Electrically Integrated Circuits \1\.
Erasable Programmable
Readonly Memory Eeprom.
8542320060.............................. Electric Integrated 854232 Memories, Electronic
Circuitserasable Except Integrated Circuits \1\.
Electrically Programmable
Readonly Memory Eprom.
8542320070.............................. Electronic Integrated 854232 Memories, Electronic
Circuits Memory Nesoi. Integrated Circuits \1\.
8542330000.............................. Electronic Integrated 854233 Amplifiers, Electronic
Circuits Amplifiers. Integrated Circuits \1\.
8542390000.............................. Electronic Integrated 854239 Electronic Integrated
Circuits Nesoi. Circuits, Nesoi \1\.
8542900000.............................. Electronic Integrated 854290 Parts For Electronic
Circuits And Integrated Circuits And
Microassembly Parts. Microassemblies \1\.
* * * * * * *
8601100000.............................. Rail Locomotives Powered 860110 Rail Locomotives Powered
From An External Source From An External Source
Of Electricity. Of Electricity \1\.
* * * * * * *
9006300000.............................. Cameras Designed For 900630 Cameras Designed For
Underwater Use For Aerial Underwater Use, For
Survey Or Medicalsurgical Aerial Survey, Or Medical/
Examination Of Internal Surgical Examination Of
Organs Cameras For Internal Organs; Cameras
Forensic Or For Forensic Or
Criminological Use. Criminological Use \1\.
9006400000.............................. Instant Print Cameras..... 900640 Instant Print Cameras \1\.
9006530205.............................. Other Cameras With 900653 Cameras (Still) Nesoi, For
Throughthelens Viewfinder Roll Film Of A Width Of
Single Lens Reflex Slr 35 Mm (1.4 Inch)\ 1\.
For Roll Film Of A Width
Of 35mm.
9006530290.............................. Photo Cameras For Roll 900653 Cameras (Still) Nesoi, For
Film Of A Width Of 35 Mm Roll Film Of A Width Of
14 Inch. 35 Mm (1.4 Inch)\ 1\
9006591900.............................. Photo Cameras For Roll 900659 Photographic Cameras
Film Of A Width Less Than (Other Than
35 Mm 14 Inch. Cinematographic), Nesoi
\1\.
9006592000.............................. Cameras Of A Kind Used For 900659 Photographic Cameras
Preparing Printing Plates (Other Than
Or Cylinders. Cinematographic), Nesoi
\1\.
9006599500.............................. Photographic Other Than 900659 Photographic Cameras
Cinematographic Cameras (Other Than
Nesoi. Cinematographic), Nesoi
\1\.
9006610000.............................. Photographic Discharge 900661 Photographic Discharge
Lamp Electronic Lamp (Electronic)
Flashlight Apparatus. Flashlight Apparatus \1\.
9006690110.............................. Flashbulbs Flashcubes And 900669 Photographic Flashlight
The Like. Apparatus, Nesoi \1\.
9006690150.............................. Photographic Flashlight 900669 Photographic Flashlight
Apparatus And Flashbulbs Apparatus, Nesoi \1\.
Nesoi.
[[Page 57089]]
9006910002.............................. Parts And Accessories For 900691 Parts And Accessories For
Photographic Other Than Photographic (Other Than
Cinematographic Cameras. Cinematographic) Cameras
\1\.
9006990000.............................. Parts And Accessories Of 900699 Parts And Accessories For
Photographic Flashlight Photographic Flashlight
Apparatus And Flashbulbs Apparatus And Flashbulbs,
Other Than Discharge Nesoi \1\.
Lamps Of Heading 8539.
* * * * * * *
9026105000.............................. Flow Meters For Measuring 902610 Instruments And Apparatus
Or Checking The Flow Or For Measuring Or Checking
Level Of Liquids. The Flow Or Level Of
Liquids, Nesoi \1\.
9026107000.............................. Instruments And Apparatus 902610 Instruments And Apparatus
For Measuring Or Checking For Measuring Or Checking
The Flow Or Level Of The Flow Or Level Of
Liquids Nesoi. Liquids, Nesoi \1\.
9026200000.............................. Instruments And Apparatus 902620 Instruments And Apparatus
For Measuring Or Checking For Measuring Or Checking
Pressure. Pressure Of Liquids Or
Gases, Nesoi \1\.
9026800000.............................. Instruments And Apparatus 902680 Instruments And Apparatus
For Measuring Or Checking For Measuring Or Checking
Other Variables Of Other Variables Of
Liquids Or Gases Nesoi. Liquids Or Gases, Nesoi
\1\.
9026900000.............................. Parts And Accessories For 902690 Parts And Accessories For
Instruments And Apparatus Instruments And Apparatus
For Measuring Or Checking For Measuring Or Checking
The Flow Level Pressure The Flow, Level, Pressure
Or Other Variables Of Or Other Variables Of
Liquids Or Gases. Liquids Or Gases, Nesoi
\1\.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Entries with a footnote 1 designation were added to supplement no. 4 to part 746 of the EAR on September 15,
2022.
0
21. Supplement No. 5 to part 746 is revised to read as follows:
Supplement No. 5 to Part 746--`Luxury Goods' That Require a License for
Export, Reexport, and Transfer (In-Country) to or Within Russia or
Belarus Pursuant to Sec. 746.10(a)(1) and (2)
The source for the Schedule B numbers and descriptions in this list
is the Bureau of the Census's Schedule B concordance of exports 2022.
Census's Schedule B List 2022 can be found at <a href="http://www.census.gov/foreign-trade/aes/documentlibrary/#concordance">www.census.gov/foreign-trade/aes/documentlibrary/#concordance</a>. The Introduction Chapter of the
Schedule B provides important information about classifying products
and interpretations of the Schedule B, e.g., NESOI means Not Elsewhere
Specified or Included. In addition, important information about
products within a particular chapter may be found at the beginning of
chapters. This supplement includes three columns consisting of the
Schedule B, 2-Digit Chapter Heading, and 10-Digit Commodity Description
and Per Unit Wholesale Price in the U.S. if applicable to assist
exporters, reexporters, and transferors in identifying the products in
this supplement. For purposes of Sec. 746.10(a)(1) and (2), a `luxury
good' means any item that is identified in this supplement. Schedule B
number 8412294000 is listed in both this supplement and supplement no.
4 to this part, so exporters, reexporters, and transferors must comply
with the license requirements under both Sec. Sec. 746.5(a)(1)(ii) and
746.10 as applicable.
------------------------------------------------------------------------
10-digit commodity
description and per
Schedule B 2-digit chapter unit wholesale price
heading in the U.S. if
applicable
------------------------------------------------------------------------
2203000000.................. Beverages, spirits BEER MADE FROM MALT.
and vinegar.
2204100000.................. Beverages, spirits SPARKLING WINE OF
and vinegar. FRESH GRAPES.
2204212000.................. Beverages, spirits EFFERVESCENT WINE OF
and vinegar. FRSH GRAPE IN CNTR
2L OR LESS.
2204214000.................. Beverages, spirits GRAPE WINE NESOI NOV
and vinegar. 14% ALCOHOL CNTRS
2L OR LESS.
2204217000.................. Beverages, spirits GRAPE WINE NESOI
and vinegar. OVER 14% ALCOHOL
CNTRS 2L OR LESS.
2204220020.................. Beverages, spirits GRAPE WINE NESOI NOV
and vinegar. 14% ALCOHOL CNTRS >
2 < 10L.
2204220040.................. Beverages, spirits GRAPE WINE NESOI
and vinegar. OVER 14% ALCOHOL
CNTRS > 2 < 10 L.
2204290120.................. Beverages, spirits GRAPE WINE NESOI NOV
and vinegar. 14% ALCOHOL CNTRS
OV 10 L.
2204290140.................. Beverages, spirits GRAPE WINE NESOI
and vinegar. OVER 14% ALCOHOL
CNTRS OV 10 L.
2204300000.................. Beverages, spirits GRAPE MUST FERMNTATN
and vinegar. PREV/ARRSTD BY
ALCOH, EX 2009.
2205100000.................. Beverages, spirits VERMOUTH/GRPE WINE
and vinegar. FLAVRD WTH PLANTS
ETC CTR LE 2L.
2205900000.................. Beverages, spirits VERMOUTH/GRAPE WINE
and vinegar. FLAVORED WTH PLANTS
ETC OV 2LS.
2206001500.................. Beverages, spirits CIDER, WHETHER STILL
and vinegar. OR SPARKLING.
2206007000.................. Beverages, spirits FERMENTED BEVERAGES,
and vinegar. NESOI.
[[Page 57090]]
2207103000.................. Beverages, spirits ETHYL ALCOHOL
and vinegar. UNDENATURED 80%/
HIGHER, FOR
BEVERAGE.
2208200000.................. Beverages, spirits GRAPE BRANDY.
and vinegar.
2208306020.................. Beverages, spirits WHISKIES, BOURBON,
and vinegar. CONTAINERS NOT OVER
4 LITERS EA.
2208306040.................. Beverages, spirits WHISKIES, BOURBON,
and vinegar. CONTAINERS OVER 4
LITERS EACH.
2208309025.................. Beverages, spirits RYE WHISKIES EX
and vinegar. BOURBON, IN
CONTAINERS NT OVER
4L.
2208309030.................. Beverages, spirits WHISKIES EX BOURBON,
and vinegar. IN CONTAINERS NT OV
4L, NESOI.
2208309040.................. Beverages, spirits WHISKIES EX BOURBON,
and vinegar. CONTAINERS OVER 4
LITERS.
2208400030.................. Beverages, spirits RUM AND TAFIA,
and vinegar. CONTAINERS NOT OVER
4 LITERS EACH.
2208400050.................. Beverages, spirits RUM AND TAFIA,
and vinegar. CONTAINERS OVER 4
LITERS.
2208500000.................. Beverages, spirits GIN AND GENEVA.
and vinegar.
2208600000.................. Beverages, spirits VODKA.
and vinegar.
2208700000.................. Beverages, spirits LIQUEURS AND
and vinegar. CORDIALS.
2208904600.................. Beverages, spirits KIRSCHWASSER AND
and vinegar. RATAFIA.
2208905100.................. Beverages, spirits TEQUILA.
and vinegar.
2208909002.................. Beverages, spirits OTHER SPIRITUOUS
and vinegar. BEVERAGES, NESOI.
2401102020.................. Tobacco and CONN. SHADE TOBACCO,
manufactured NOT STEM/STRIP OV
tobacco substitutes. 35% WRAPPER.
2401102040.................. Tobacco and TOBACCO NOT STEM/
manufactured STRIP OVER 35%
tobacco substitutes. WRAPPER TOB, NESOI.
2401105130.................. Tobacco and FLUE-CURED CIG LEAF
manufactured TOB NT STEM/STRIP
tobacco substitutes. LT 35% WRPPR.
2401105160.................. Tobacco and BURLEY CIG LEAF
manufactured TOBACCO NT STEM/
tobacco substitutes. STRIP LT 35% WRPPR.
2401105180.................. Tobacco and MARYLAND CIG LEAF
manufactured TOB NOT STEM/STRIP
tobacco substitutes. LT 35% WRPPR.
2401105195.................. Tobacco and OTHER CIG LEAF TOB
manufactured NOT STEM/STRIP LT
tobacco substitutes. 35% WRAPPER.
2401105340.................. Tobacco and CIGAR BINDER
manufactured TOBACCO, NOT STEM/
tobacco substitutes. STRIP LT 35%
WRAPPR.
2401108010.................. Tobacco and DARK-FIRED KY/TENN
manufactured TOB NOT STEM/STRIP
tobacco substitutes. LT 35% WRPPR.
2401108020.................. Tobacco and VA FIRE/SUN-CURED
manufactured TOB, NOT STEM/STRIP
tobacco substitutes. LT 35% WRPPR.
2401109530.................. Tobacco and BLACKFAT TOBACCO, NT
manufactured STEM/STRIP LT 35%
tobacco substitutes. WRAPPER TOB.
2401109570.................. Tobacco and TOBACCO NESOI NOT
manufactured STEM/STRIP, LESS
tobacco substitutes. THAN 35% WRPPR.
2401202020.................. Tobacco and CONN SHADE TOB STEM/
manufactured STRIP NT THRESHED
tobacco substitutes. OV 35% WRPPR.
2401202040.................. Tobacco and TOBACCO NESOI STEM/
manufactured STRIP NOT THRESHED
tobacco substitutes. OV 35% WRPPR.
2401202810.................. Tobacco and FLUE-CURED TOB STEM/
manufactured STRIP NT THRESHED
tobacco substitutes. LT 35% WRPPR.
2401202820.................. Tobacco and BURLEY TOB STEM/
manufactured STRIP NOT THRESHED
tobacco substitutes. LT 35% WRAPPER.
2401202830.................. Tobacco and MARYLAND TOB STEM/
manufactured STRIP NOT THRESHED
tobacco substitutes. LT 35% WRPPR.
2401202970.................. Tobacco and CIGAR BIND TOB INC
manufactured CIGAR LF NT THRESH
tobacco substitutes. LT 35% WRAPR.
2401205040.................. Tobacco and DARK-FIRED KY/TENN
manufactured TOB STEM/STRIP NT
tobacco substitutes. THRSH LT 35% WR.
2401205050.................. Tobacco and VA FIRE/SUN-CURED
manufactured TOB STEM/STRIP NT
tobacco substitutes. THRSH < 35% WRPR.
2401205560.................. Tobacco and BLACKFAT TOB STEM/
manufactured STRIP NOT THRESHED
tobacco substitutes. LT 35% WRAPPR.
2401205592.................. Tobacco and TOB NESOI STEM/
manufactured STRIP, NOT THRESHED
tobacco substitutes. LT 35% WRPR TOB.
2401206020.................. Tobacco and CONN SHADE TOB FROM
manufactured CIGAR LEAF THRESHED
tobacco substitutes. STEM/STRIP.
2401206040.................. Tobacco and TOBACCO NESOI FROM
manufactured CIGAR LEAF,
tobacco substitutes. THRESHED STEM/
STRIP.
2401208005.................. Tobacco and CIGARETTE LEAF
manufactured TOBACCO FLUE-CURED
tobacco substitutes. THRSH STEM/STRIP.
2401208011.................. Tobacco and TOBACCO FLUE-CURED
manufactured THRESHED STEMMED/
tobacco substitutes. STRIPPED NESOI.
[[Page 57091]]
2401208015.................. Tobacco and CIGARETTE LEAF
manufactured TOBACCO, BURLEY,
tobacco substitutes. THRESH, STEM/STRIP.
2401208021.................. Tobacco and TOBACCO, BURLEY,
manufactured THRESHED, STEMMED/
tobacco substitutes. STRIPPED, NESOI.
2401208030.................. Tobacco and MARYLAND TOBACCO,
manufactured THRESHED, STEMMED/
tobacco substitutes. STRIPPED.
2401208040.................. Tobacco and DARK-FIRED KENTUCKY/
manufactured TENN TOBACCO THRESH
tobacco substitutes. STEM/STRIP.
2401208050.................. Tobacco and VA FIRE-CURED, SUN-
manufactured CURED TOB THRESHED,
tobacco substitutes. STEM/STRIP.
2401208090.................. Tobacco and TOBACCO, THRESHED,
manufactured PARTLY/WHOLLY STEM/
tobacco substitutes. STRIP, NESOI.
2401305000.................. Tobacco and TOBACCO STEMS.
manufactured
tobacco substitutes.
2401309000.................. Tobacco and TOBACCO REFUSE,
manufactured NESOI.
tobacco substitutes.
2402103030.................. Tobacco and SMALL CIGARS/
manufactured CHEROOTS/CIGARILLOS
tobacco substitutes. W/TOB LT $.15 EA.
2402107000.................. Tobacco and CIGAR/CHEROOT/
manufactured CIGARILLO
tobacco substitutes. CONTAINING TOBACCO
NESOI.
2402200000.................. Tobacco and CIGARETTES
manufactured CONTAINING TOBACCO.
tobacco substitutes.
2402900000.................. Tobacco and CIGAR/CHEROOT/
manufactured CIGARILLO/CIGS OF
tobacco substitutes. TOB SUBSTITS NESOI.
2403110000.................. Tobacco and WATER PIPE TOBACCO.
manufactured
tobacco substitutes.
2403190020.................. Tobacco and PIPE TOBACCO, IN
manufactured RETAIL-SIZED
tobacco substitutes. PACKAGES.
2403190040.................. Tobacco and SMOKING TOBAC, EX/
manufactured PIPE TOBAC, RETAIL-
tobacco substitutes. SIZED PKG, NES.
2403190060.................. Tobacco and SMOKING TOBACCO,
manufactured NESOI.
tobacco substitutes.
2403910000.................. Tobacco and HOMOGENIZED OR
manufactured RECONSTITUTED
tobacco substitutes. TOBACCO.
2403990030.................. Tobacco and CHEWING TOBACCO.
manufactured
tobacco substitutes.
2403990040.................. Tobacco and SNUFF AND SNUFF
manufactured FLOUR.
tobacco substitutes.
2403990050.................. Tobacco and MFG TOBACCO,
manufactured SUBSTITUES, FLUE-
tobacco substitutes. CURED.
2403990065.................. Tobacco and PARTIALLY
manufactured MANUFACTURED,
tobacco substitutes. BLENDED OR MIXED
TOBACCO.
2403990075.................. Tobacco and MFG TOBACCO &
manufactured SUBSTITUTES, NESOI,
tobacco substitutes. INCL EXTRACTS &
ESSENCES.
2404110000.................. Tobacco and CONTAINING TOBACCO
manufactured OR RECON TOBACDO,
tobacco substitutes. INTENDED FOR
INHALATION W/O
COMBUSTION.
2404120000.................. Tobacco and CONTAINING NICOTINE,
manufactured INTENDED FOR
tobacco substitutes. INHALATION W/O
COMBUSTION.
2404190000.................. Tobacco and PRODUCTS INTENDED
manufactured FOR INHALATION,
tobacco substitutes. NESOI.
2404910000.................. Tobacco and NICOTINE PRODUCTS
manufactured FOR ORAL INTAKE
tobacco substitutes. INTO THE HUMAN
BODY.
2404920000.................. Tobacco and NICOTINE PRODUCTS
manufactured INTENDED FOR
tobacco substitutes. TRANSDERMAL INTAKE
INTO THE HUMAN
BODY.
2404990000.................. Tobacco and NICOTINE PRODUCTS
manufactured INTENDED FOR INTAKE
tobacco substitutes. INTO THE HUMAN
BODY, NESOI.
3302900010.................. Essential oils and PERFUME OIL BLENDS,
resinoids; PROD USE FINISHED
perfumery, cosmetic PERFUME BASE.
or toilet
preparations.
3303000000.................. Essential oils and PERFUMES AND TOILET
resinoids; WATERS.
perfumery, cosmetic
or toilet
preparations.
3304100000.................. Essential oils and LIP MAKE-UP
resinoids; PREPARATIONS.
perfumery, cosmetic
or toilet
preparations.
3304200000.................. Essential oils and EYE MAKE-UP
resinoids; PREPARATIONS.
perfumery, cosmetic
or toilet
preparations.
3304910050.................. Essential oils and MAKE-UP POWDER,
resinoids; WHETHER/NT
perfumery, cosmetic COMPRESSED, NESOI.
or toilet
preparations.
3304995000.................. Essential oils and BEAUTY & SKIN CARE
resinoids; PREPARATION, NESOI.
perfumery, cosmetic
or toilet
preparations.
3307900000.................. Essential oils and PERFUMERY, COSMETIC
resinoids; OR TOILET
perfumery, cosmetic PREPARATIONS,
or toilet NESOI.
preparations.
3916902000.................. Plastics and RACQUET STRINGS, OF
articles thereof. PLASTIC.
3926202500.................. Plastics and GLOVES SPEC DESIGNED
articles thereof. FOR USE IN SPORTS,
PLASTIC.
3926400000.................. Plastics and STATUETTES & OTHER
articles thereof. ORNAMENTAL
ARTICLES, OF
PLASTIC.
3926903000.................. Plastics and PARTS FOR YACHTS OR
articles thereof. PLEASURE BOATS,
ETC.
4202110000.................. Articles of leather; TRUNKS, SUITCASES,
saddlery and ETC, SURFACE COMPS/
harness; travel PATENT LEATHER.
goods, handbags and
similar containers;
articles of animal
gut (other than
silkworm gut).
4202120000.................. Articles of leather; TRUNKS, SUITCASES,
saddlery and ETC, SURFACE
harness; travel PLASTIC/TEXT
goods, handbags and MATERLS.
similar containers;
articles of animal
gut (other than
silkworm gut).
[[Page 57092]]
4202190000.................. Articles of leather; TRUNKS, SUITCASES,
saddlery and VANITY CASES ETC,
harness; travel NESOI.
goods, handbags and
similar containers;
articles of animal
gut (other than
silkworm gut).
4202210000.................. Articles of leather; HANDBAGS, SURFACE OF
saddlery and COMPOSITION/PATENT
harness; travel LEATHER.
goods, handbags and
similar containers;
articles of animal
gut (other than
silkworm gut).
4202220000.................. Articles of leather; HANDBAGS, SURFACE OF
saddlery and PLASTIC SHEET/TEXT
harness; travel MATERIALS.
goods, handbags and
similar containers;
articles of animal
gut (other than
silkworm gut).
4202290000.................. Articles of leather; HANDBAGS, NESOI.
saddlery and
harness; travel
goods, handbags and
similar containers;
articles of animal
gut (other than
silkworm gut).
4202310000.................. Articles of leather; ARTICLES FOR POCKET
saddlery and OR HANDBAG, COMP/
harness; travel PATENT LEATHER.
goods, handbags and
similar containers;
articles of animal
gut (other than
silkworm gut).
4202320000.................. Articles of leather; ARTICLES FOR POCKET/
saddlery and HANDBAG, PLASTIC/
harness; travel TEXT MATERIAL.
goods, handbags and
similar containers;
articles of animal
gut (other than
silkworm gut).
4202390000.................. Articles of leather; ARTICLES FOR POCKET
saddlery and OR HANDBAG, NESOI.
harness; travel
goods, handbags and
similar containers;
articles of animal
gut (other than
silkworm gut).
4202910010.................. Articles of leather; GOLF BAGS, OUTER
saddlery and SURFACE LEATHER.
harness; travel
goods, handbags and
similar containers;
articles of animal
gut (other than
silkworm gut).
4202910040.................. Articles of leather; OTHER BAGS, OUTER
saddlery and SURFACE COMPS/
harness; travel PATENT LEATH,
goods, handbags and NESOI.
similar containers;
articles of animal
gut (other than
silkworm gut).
4202990000.................. Articles of leather; CASES, BAGS & CONT,
saddlery and OTHER OF MATR/
harness; travel COVERINGS, NESOI.
goods, handbags and
similar containers;
articles of animal
gut (other than
silkworm gut).
4203400000.................. Articles of leather; OTH CLOTHING
saddlery and ACCESSORIES,
harness; travel LEATHER/COMPOS
goods, handbags and LEATHER.
similar containers;
articles of animal
gut (other than
silkworm gut).
4301100000.................. Furskins and MINK FURSKINS, RAW,
artificial fur; WHOLE.
manufactures
thereof.
4301300000.................. Furskins and ASTRAKHAN, INDIAN,
artificial fur; ETC LAMB FURSKINS,
manufactures RAW, WHOLE.
thereof.
4301600000.................. Furskins and FOX FURSKINS, RAW,
artificial fur; WHOLE.
manufactures
thereof.
4301800210.................. Furskins and NUTRIA FURSKINS,
artificial fur; RAW, WHOLE.
manufactures
thereof.
4301800297.................. Furskins and FURSKINS NESOI, RAW,
artificial fur; WHOLE.
manufactures
thereof.
4301900000.................. Furskins and HEADS/PCS, CUTTINGS
artificial fur; ETC FURSKINS FOR
manufactures FURRIERS' USE.
thereof.
4302110000.................. Furskins and MINK FURSKINS,
artificial fur; WHOLE, TANNED/
manufactures DRESSED NOT
thereof. ASSEMBLED.
4302191300.................. Furskins and PERSIAN ETC LAMB
artificial fur; FURSKIN WHOLE
manufactures TANNED NOT
thereof. ASSEMBLE.
4302195000.................. Furskins and FURSKINS NESOI,
artificial fur; WHOLE TANNED/
manufactures DRESSED NOT
thereof. ASSEMBLED.
4302200000.................. Furskins and FURSKIN PIECES/
artificial fur; CUTTINGS TANNED/
manufactures DRESSED NT
thereof. ASSEMBLD.
4302300000.................. Furskins and FURSKINS, WHOLE AND
artificial fur; PIECES, TANNED,
manufactures ASSEMBLED.
thereof.
4303100030.................. Furskins and MINK FURSKIN
artificial fur; ARTICLES, APPAREL,
manufactures CLOTHING ACCESSORY.
thereof.
4303100060.................. Furskins and FURSKIN ARTICLE
artificial fur; APPAREL CLOTHING
manufactures ACCESSORIES NESOI.
thereof.
4303900000.................. Furskins and ARTICLES OF
artificial fur; FURSKINS, NESOI.
manufactures
thereof.
4304000000.................. Furskins and ARTIFICIAL FUR AND
artificial fur; ARTICLES THEREOF.
manufactures
thereof.
4420110000.................. Wood and articles of STATUETTES AND OTHER
wood; wood charcoal. ORNAMENTS OF
TROPICAL WOOD.
4420190000.................. Wood and articles of STATUETTES AND OTHER
wood; wood charcoal. ORNAMENTS, OF WOOD,
NESOI.
4907000000.................. Printed books, UNUSED POSTAGE;
newspapers, BANKNOTES; CHECK
pictures and other FORMS; STOCK, ETC.
products of the
printing industry;
manuscripts,
typescripts and
plans.
5001000000.................. Silk................ SILKWORM COCOONS
SUITABLE FOR
[…truncated; see source link]Indexed from Federal Register on September 16, 2022.
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.