Rule2023-03193
Additions 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
February 14, 2023
Effective
February 10, 2023
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding six entities to the Entity List, under the destination of the People's Republic of China (China). These six entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.
Full Text
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<title>Federal Register, Volume 88 Issue 30 (Tuesday, February 14, 2023)</title>
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[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Rules and Regulations]
[Pages 9389-9391]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03193]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 230209-0041]
RIN 0694-AJ14
Additions to the Entity List
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
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SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) by adding six entities to
the Entity List, under the destination of the People's Republic of
China (China). These six entities have been determined by the U.S.
Government to be acting contrary to the national security or foreign
policy interests of the United States.
DATES: This rule is effective on February 10, 2023.
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#d396819093b1baa0fdb7bcb0fdb4bca5"><span class="__cf_email__" data-cfemail="9fdacddcdffdf6ecb1fbf0fcb1f8f0e9">[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) when 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.
Entity List Decisions
A. Additions to the Entity List
The ERC determined to add Beijing Nanjiang Aerospace Technology
Co., Ltd.; China Electronics Technology Group Corporation 48th Research
Institute; Dongguan Lingkong Remote Sensing Technology Co., Ltd.;
Eagles Men Aviation Science and Technology Group Co., Ltd. (EMAST);
Guangzhou Tian-Hai-Xiang Aviation Technology Co., Ltd.; and Shanxi
Eagles Men Aviation Science and Technology Group Co., Ltd. all under
the destination of China, to the Entity List. These entities are being
added for their support to China's military modernization efforts,
specifically the People's Liberation Army's (PLA) aerospace programs
including airships and balloons and related materials and components.
The PLA is utilizing High Altitude Balloons (HAB) for intelligence and
reconnaissance activities. This activity is contrary to U.S. national
security and foreign policy interests under Sec. 744.11 of the EAR.
For these six entities, BIS imposes a license requirement for all items
subject to the EAR and will review license applications under a
presumption of denial.
For the reasons described above, this final rule adds the following
six entities to the Entity List and includes, where appropriate,
aliases:
China
<bullet> Beijing Nanjiang Aerospace Technology Co., Ltd.;
<bullet> China Electronics Technology Group Corporation 48th
Research Institute;
<bullet> Dongguan Lingkong Remote Sensing Technology Co., Ltd.;
<bullet> Eagles Men Aviation Science and Technology Group Co., Ltd.
(EMAST);
<bullet> Guangzhou Tian-Hai-Xiang Aviation Technology Co., Ltd.;
and
<bullet> Shanxi Eagles Men Aviation Science and Technology Group
Co., Ltd.
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 February 10, 2023,
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)
before March 13, 2023. Any such items not actually exported, reexported
or transferred (in-country) before midnight, on March 13, 2023, require
a license in accordance with this final rule.
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 an
information collection approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. BIS
[[Page 9390]]
does not anticipate a change to the burden hours associated with this
collection as a result of this rule. Information regarding the
collection, including all supporting materials, can be accessed at
<a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>.
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.
Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:
PART 744--CONTROL POLICY: END-USER AND END-USE BASED
0
1. The authority citation for 15 CFR part 744 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.; 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 CHINA, PEOPLE'S
REPUBLIC OF by adding, in alphabetical order, entries for ``Beijing
Nanjiang Aerospace Technology Co., Ltd.''; ``China Electronics
Technology Group Corporation 48th Research Institute''; ``Dongguan
Lingkong Remote Sensing Technology Co., Ltd.''; ``Eagles Men Aviation
Science and Technology Group Co., Ltd.''; ``Guangzhou Tian-Hai-Xiang
Aviation Technology Co., Ltd.''; and ``Shanxi Eagles Men Aviation
Science and Technology Group Co., Ltd.'' to read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
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License review Federal Register
Country Entity License requirement policy citation
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* * * * * * *
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CHINA, PEOPLE'S * * * * * *
REPUBLIC OF.
Beijing Nanjiang Aerospace For all items Presumption of 88 FR [INSERT FR
Technology Co., Ltd., Room subject to the denial. PAGE NUMBER AND
1104-2, Floor 11, Building EAR. (See Sec. 2/14/2023.
2, No. 19-1, Haidian Road, 744.11 of the
Haidian District, Beijing, EAR).
China; and Room 813, Floor
8, Building 2, No. 19-1
Haidian Road, Haidian
District, Beijing, China.
* * * * * *
China Electronics Technology For all items Presumption of 88 FR [INSERT FR
Group Corporation 48th subject to the denial. PAGE NUMBER AND
Research Institute, a.k.a., EAR. (See Sec. 2/14/2023.
the following one alias: 744.11 of the
--CETC 48 Institute. EAR).
No. 1025, Xinkaipu Road,
Tianxin District, Changsha
City, Hunan, China.
* * * * * *
Dongguan Lingkong Remote For all items Presumption of 88 FR [INSERT FR
Sensing Technology Co., subject to the denial. PAGE NUMBER AND
Ltd., a.k.a., the following EAR. (See Sec. 2/14/2023.
one alias: 744.11 of the
--Dongguan Lingkong Yaogan EAR).
Technology Co., Ltd.
Building 6, Dongfeng Science
and Technology Park,
Songshan Lake, Dongguan
City, Guangdong Province,
China.
* * * * * *
Eagles Men Aviation Science For all items Presumption of 88 FR [INSERT FR
and Technology Group Co., subject to the denial. PAGE NUMBER AND
Ltd., a.k.a., the following EAR. (See Sec. 2/14/2023.
two aliases: 744.11 of the
--Beijing Yige Siman EAR).
Aviation Technology Group
Co., Ltd.; and
--EMAST.
Room 1113, No. 1 Zhichun
Road, Haidian District,
Beijing, China; and Room
314, 3rd Floor, Block C,
Zhizao Street,
Zhongguancun, No. 45
Chengfu Road, Haidian
District, Beijing, China;
and Eagles Men Building,
No. 7 Wande Zhihui Center,
Changping District,
Beijing, China.
* * * * * *
Guangzhou Tian-Hai-Xiang For all items Presumption of 88 FR [INSERT FR
Aviation Technology Co., subject to the denial. PAGE NUMBER AND
Ltd., a.k.a., the following EAR. (See Sec. 2/14/2023.
two aliases: 744.11 of the
--Guangzhou Tianhaixiang EAR).
Aviation Technology Co.,
Ltd.; and
--THX Aviation.
[[Page 9391]]
1st Floor, Building 6, No.
4, Erheng Road, Second
District, Jiangnan
Industrial Zone, Nancun
Town, Panyu District,
Guangzhou, China.
* * * * * *
Shanxi Eagles Men Aviation For all items Presumption of 88 FR [INSERT FR
Science and Technology subject to the denial. PAGE NUMBER AND
Group Co., Ltd., a.k.a., EAR. (See Sec. 2/14/2023.
the following two aliases: 744.11 of the
--Shanxi Yige Siman Aviation EAR).
Technology Group Co., Ltd.;
and
--Shanxi EMAST.
Zhaidian Industrial Park,
Changzhi High-tech Zone,
Shanxi Province, China.
* * * * * *
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* * * * *
Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-03193 Filed 2-10-23; 4:15 pm]
BILLING CODE 3510-33-P
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