Rule2023-13196
Additions of Entities to the Entity List and Removal of Entity From the Entity List; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 21, 2023
Effective
June 16, 2023
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
The Department of Commerce is amending the Export Administration Regulations (EAR) by adding an inadvertently omitted entity to the Entity List.
Full Text
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<title>Federal Register, Volume 88 Issue 118 (Wednesday, June 21, 2023)</title>
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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Rules and Regulations]
[Pages 40084-40086]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13196]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 230614-0149]
RIN 0694-AJ24
Additions of Entities to the Entity List and Removal of Entity
From the Entity List; Correction
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Correcting amendment.
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SUMMARY: The Department of Commerce is amending the Export
Administration Regulations (EAR) by adding an inadvertently omitted
entity to the Entity List.
DATES: This correcting amendment is effective June 16, 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#d095829390b2b9a3feb4bfb3feb7bfa6"><span class="__cf_email__" data-cfemail="5712051417353e247933383479303821">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: As stated in the Entity List rule titled
``Additions
[[Page 40085]]
of Entities to the Entity List and Removal of Entity from the Entity
List'' (June 14 Rule) (88 FR 38739), the End-User Review Committee
(ERC) determined to add certain entities under the destination of
China, including China Aviation Development Harbin Bearing Co., Ltd.,
to the Entity List for acquiring and attempting to acquire U.S.-origin
items in support of China's military modernization. This activity is
contrary to U.S. national security and foreign policy interests under
Sec. 744.11 of the EAR. As detailed in the June 14 Rule, licenses are
required for all items subject to the EAR to these entities, and
license applications will be reviewed under a presumption of denial.
Further, in the June 14 Rule, the Bureau of Industry and Security (BIS)
included an entity in the preamble justification but inadvertently did
not instruct, nor provide regulatory text for, the addition of the
entity to the Entity List. This correcting amendment amends the EAR by
making the addition to the Entity List for this omitted entity.
For the reasons described above, this correcting amendment adds the
following entity to the Entity List and includes, where appropriate,
aliases:
China
<bullet> China Aviation Development Harbin Bearing Co., Ltd.
Savings Clause
For the changes being made in this correcting amendment, 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 June 16, 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 July 17, 2023. Any such items not actually exported, reexported,
or transferred (in-country) before midnight, on July 17, 2023, require
a license in accordance with this correcting amendment.
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.
Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is corrected by making the following correcting
amendment:
PART 744--CONTROL POLICY: END-USER AND END-USE BASED
0
1. The authority citation for 15 CFR part 744 is 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 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, an entry for ``China
Aviation Development Harbin Bearing Co., Ltd.'' to read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
Federal Register
Country Entity License requirement License review policy Citation
* * * * * * *
CHINA, PEOPLE'S REPUBLIC OF
* * * * * * *
China Aviation Development Harbin Bearing For all items subject Presumption of denial. 88 FR [INSERT FR PAGE
Co., Ltd., a.k.a. the following three to the EAR. (See Sec. NUMBER] 6/21/2023.
aliases: 744.11 of the EAR).
--AVIC Harbin Bearing;
--Harbin AVIC Bearing Co Ltd; and
[[Page 40086]]
--AviChina Harbin Bearing
No. 888 Nanjing Road, Hulan District,
Harbin (New District Trust Handling
Area), China; and No. 81, East Wujinnan
Road, Xilong Street, Harbin, China; and
North Side of Traffic Management Office,
Linxi County, Xingtai City, Hebei
Province, China.
* * * * * * *
* * * * *
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2023-13196 Filed 6-16-23; 8:45 am]
BILLING CODE 3510-33-P
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