Rule2022-28033
Modification to the Entity List
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 23, 2022
Effective
December 21, 2022
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
The Bureau of Industry and Security is amending the Export Administration Regulations (EAR) by modifying one entity on the Entity List. This final rule modifies one entity on the Entity List under the destination of Russia.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 246 (Friday, December 23, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Rules and Regulations]
[Pages 78856-78857]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28033]
[[Page 78856]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 221220-0279]
RIN 0694-AJ05
Modification to the Entity List
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security is amending the Export
Administration Regulations (EAR) by modifying one entity on the Entity
List. This final rule modifies one entity on the Entity List under the
destination of Russia.
DATES: This rule is effective December 21, 2022.
FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary for Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone: (202) 482-5991,
Email: <a href="/cdn-cgi/l/email-protection#6623342526040f154802090548010910"><span class="__cf_email__" data-cfemail="ca8f98898aa8a3b9e4aea5a9e4ada5bc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Entity List (supplement No. 4 to part 744 of the EAR (15 CFR
parts 730-774)) 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, pursuant to Sec.
744.11(b). The EAR impose additional license requirements on, and limit
the availability of, most license exceptions for exports, reexports,
and transfers (in-country) where a listed entity is a party to the
transaction. 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. The Bureau of Industry and Security (BIS) places entities
on the Entity List pursuant to part 744 (Control Policy: End-User and
End-Use Based) and part 746 (Embargoes and Other Special Controls) of
the EAR.
The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions regarding additions to,
removals from, or other modifications to the Entity List. The ERC makes
all decisions to add an entry to the Entity List by majority vote and
makes all decisions to remove or modify an entry by unanimous vote.
Modification to the Entity List
The agencies represented on the ERC determined to modify Private
Military Company `Wagner' on the Entity List, under the destination of
Russia. This entry is modified by adding one address, two additional
aliases, and a footnote 3 designation. A footnote 3 designation means
that an entity has been determined to be a Russian or Belarusian
`military end user.' This entity was originally added to the Entity
List on June 22, 2017, for having been determined by the U.S.
Government to be acting contrary to the national security or foreign
policy interests of the United States under Sec. 744.11. (82 FR 28405)
This entry is being modified because the entity was determined to be a
Russian military end user under Sec. 744.21 of the EAR. Licenses for
this entity will now be reviewed under a policy of denial for all items
subject to the EAR apart from food and medicine designated as EAR99,
which will be reviewed on a case-by-case basis. The license
requirements under this entry also extend to any export, reexport and
transfer (in-country) to the entity wherever located worldwide.
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 December 21, 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).
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities
and serves as the authority under which BIS issues this rule.
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications and commodity classifications, and
carries a burden estimate of 29.4 minutes for a manual or electronic
submission for a total burden estimate of 33,133 hours. Total burden
hours associated with the PRA and OMB control number 0694-0088 are not
expected to increase as a result of this rule.
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, this action is exempt from the Administrative Procedure Act (5
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity
for public participation, and delay in effective date.
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 in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
0
Accordingly, part 744 of the Export Administration Regulations (15 CFR
parts 730-774) is amended as follows:
PART 744--[AMENDED]
0
1. The authority citation for part 744 continues to read as follows:
[[Page 78857]]
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 19, 2022, 87 FR 57569 (September 21, 2022); Notice of
November 8, 2022, 87 FR 68015 (November 10, 2022).
0
2. Supplement No. 4 to part 744 is amended under RUSSIA by revising the
entry for ``Private Military Company `Wagner' '' to read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
----------------------------------------------------------------------------------------------------------------
License License review Federal Register
Country Entity requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
RUSSIA * * * * * *
Private Military Company For all items Policy of denial 82 FR 28408, 6/22/
`Wagner', a.k.a., the subject to the for all items 17. 87 FR
following five aliases: EAR. (See Sec. subject to the [INSERT FR PAGE
--Chastnaya Voennaya Sec. EAR apart from NUMBER] 12/23/
Kompaniya `Vagner'; 734.9(g),\3\ food and 22.
--Chvk Vagner; 746.8(a)(3), and medicine
--PMC Wagner; 744.21(b) of the designated as
--Wagner Group; and EAR). The license EAR99, which
--Vagner Group. requirements under will be reviewed
15 Zolnaya Street, Saint this entry also on a case-by-
Petersburg, 195213, Russia extend to any case basis. See
export, reexport Sec. Sec.
and transfer (in- 746.8(b) and
country) to the 744.21(e).
entity wherever
located worldwide
* * * * * *
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2022-28033 Filed 12-21-22; 4:15 pm]
BILLING CODE 3510-JT-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 23, 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.