Rule2024-13148
Implementation of Additional Sanctions Against Russia and Belarus Under the Export Administration Regulations (EAR) and Refinements to Existing Controls
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Published
June 18, 2024
Effective
June 12, 2024
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
In this final rule, the Bureau of Industry and Security (BIS) makes changes to the Russia and Belarus sanctions under the Export Administration Regulations (EAR). This final rule imposes additional export control measures against Russia and Belarus by expanding the scope of items identified under two EAR supplements that are subject to the EAR's Russian and Belarusian industry sector sanctions; imposing a "software" license requirement for certain EAR99-designated "software" when destined to or within Russia or Belarus; and narrowing the scope of commodities and software that may be authorized for export, reexport, or transfer (in-country) to or within Russia or Belarus under License Exception Consumer Communications Devices (CCD). To promote clarity and facilitate compliance, this final rule also consolidates the EAR's Russian and Belarus sanctions into a single section, while maintaining the existing related regulatory supplements identifying items that are subject to certain of those sanctions. This final rule also amends the EAR by adding five entities and eight addresses to the Entity List and making changes to the Entity List structure. These entries are listed on the Entity List under the destinations of the People's Republic of China (China) and Russia and have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. Lastly, this final rule makes two additional revisions to the EAR: one to confirm the criteria used when revising, suspending, or revoking EAR license exceptions and one revision to clarify the control status of fasteners for purposes of the EAR's Russian and Belarusian industry sector sanctions.
Full Text
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[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Rules and Regulations]
[Pages 51644-51680]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13148]
[[Page 51643]]
Vol. 89
Tuesday,
No. 118
June 18, 2024
Part III
Department of Commerce
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Bureau of Industry and Security
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15 CFR Parts 734, 740, 744, 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. 89 , No. 118 / Tuesday, June 18, 2024 / Rules
and Regulations
[[Page 51644]]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 734, 740, 744, 746, and 774
[Docket No. 240610-0156]
RIN 0694-AJ67
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.
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SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
makes changes to the Russia and Belarus sanctions under the Export
Administration Regulations (EAR). This final rule imposes additional
export control measures against Russia and Belarus by expanding the
scope of items identified under two EAR supplements that are subject to
the EAR's Russian and Belarusian industry sector sanctions; imposing a
``software'' license requirement for certain EAR99-designated
``software'' when destined to or within Russia or Belarus; and
narrowing the scope of commodities and software that may be authorized
for export, reexport, or transfer (in-country) to or within Russia or
Belarus under License Exception Consumer Communications Devices (CCD).
To promote clarity and facilitate compliance, this final rule also
consolidates the EAR's Russian and Belarus sanctions into a single
section, while maintaining the existing related regulatory supplements
identifying items that are subject to certain of those sanctions. This
final rule also amends the EAR by adding five entities and eight
addresses to the Entity List and making changes to the Entity List
structure. These entries are listed on the Entity List under the
destinations of the People's Republic of China (China) and Russia and
have been determined by the U.S. Government to be acting contrary to
the national security or foreign policy interests of the United States.
Lastly, this final rule makes two additional revisions to the EAR: one
to confirm the criteria used when revising, suspending, or revoking EAR
license exceptions and one revision to clarify the control status of
fasteners for purposes of the EAR's Russian and Belarusian industry
sector sanctions.
DATES: This rule is effective on June 12, 2024, except for amendatory
instruction 14, which is effective September 16, 2024.
FOR FURTHER INFORMATION CONTACT: For general questions on this final
rule, contact Collmann Griffin, Senior Policy Advisor, International
Policy Office, Bureau of Industry and Security, Department of Commerce,
Phone: 202-482-1430, Email: <a href="/cdn-cgi/l/email-protection#8afde3e6e6e3ebe7a4edf8e3ecece3e4cae8e3f9a4eee5e9a4ede5fc"><span class="__cf_email__" data-cfemail="62150b0e0e0b030f4c05100b04040b0c22000b114c060d014c050d14">[email protected]</span></a>. For questions
on the Entity List changes in this final rule, 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#1a5f48595a787369347e7579347d756c"><span class="__cf_email__" data-cfemail="dc998e9f9cbeb5aff2b8b3bff2bbb3aa">[email protected]</span></a>. For emails,
include ``Russia and Belarus, June 2024 export control measures'' in
the subject line.
SUPPLEMENTARY INFORMATION:
I. Background
A. Export Controls Implemented Against Russia and Belarus
In response to Russia's February 2022 full-scale invasion of
Ukraine, BIS imposed extensive sanctions on Russia under the EAR as
part of the final rule, ``Implementation of Sanctions Against Russia
Under the Export Administration Regulations (EAR)'' (``Russia Sanctions
Rule'') (87 FR 12226, March 3, 2022). To address Belarus's complicity
in the invasion, BIS imposed similar sanctions on Belarus under the EAR
in a final rule, ``Implementation of Sanctions Against Belarus''
(``Belarus Sanctions Rule'') (87 FR 13048, March 6, 2022). During the
last two years, BIS has published a number of additional final rules
strengthening the export controls on Russia and Belarus, including
measures undertaken in coordination with U.S. allies and partners.
B. Overview of This Final Rule
In this final rule, BIS makes changes to the Russia and Belarus
sanctions under the EAR along with certain changes that are not
specific to those two countries. Certain of these changes (see section
II.A) are designed to better protect U.S. national security and foreign
policy interests by expanding the scope of the current sanctions.
Others (see sections II.B and C) will promote clarity and facilitate
compliance. The four sets of changes this final rule makes are
described in section II as follows:
A. Additional export control measures against Russia and Belarus;
B. Consolidation of Russia and Belarus sanctions into a single
section;
C. Additions to the Entity List and changes to the Entity List
structure; and
D. Confirmation of the standard used in connection with actions
involving the availability of license exceptions and clarification of
the scope of a commodity subject to the Russian and Belarusian industry
sanctions.
II. Amendments to the EAR
A. Additional Export Control Measures Against Russia and Belarus
This final rule imposes additional export control measures against
Russia and Belarus by expanding the scope of items that are subject to
the Russian and Belarusian industry sector sanctions under supplement
nos. 4 and 6 to part 746 (see section II.A.1 and II.A.2); imposing a
``software'' license requirement for certain EAR99-designated
``software'' when destined for Russia or Belarus; and narrowing the
scope of commodities and software that may be authorized for export,
reexport, or transfer (in-country) to or within Russia and Belarus
under License Exception CCD.
1. Expansion of Russian and Belarusian industry sector sanctions by
adding items to supplement no. 4 to part 746 consistent with the
objective to undermine Russia's and Belarus's industrial bases and
their ability to continue to support Russia's military aggression in
Ukraine.
This rule expands the list of items set forth in supplement no. 4
to part 746 (Russian and Belarusian Industry Sector Sanctions Pursuant
to Sec. 746.5(a)(1)(ii)) (this final rule relocates the restrictions
of Sec. 746.5(a)(1)(ii) to Sec. 746.8(a)(5)), as detailed below in
section II.B.2. Specifically, this rule adds 522 additional Harmonized
Tariff Schedule (HTS)-6 Code entries to supplement no. 4; consequently,
these items will now require a license for export to, reexport to, or
transfer (in-country) within Russia or Belarus under Sec. 746.8(a)(5).
Restrictions on these industrial items are intended to further
undermine the Russian and Belarusian industrial bases and their ability
to continue to support Russia's military aggression in Ukraine. The
complete list of 522 new HTS-6 Codes this rule adds to supplement no. 4
are identified in amendatory instruction 18.
Through the addition of these HTS codes, BIS intends to further
limit Russia's access to items of potential military significance and
expand the economic impact of controls that will deny Russia additional
resources it needs to continue waging war.
Items controlled through amendments made by this rule were
identified based on a review of public and non-public information
regarding which items
[[Page 51645]]
Russia seeks to further its war against Ukraine, an evaluation of areas
in which U.S. trade has continued to provide an economic benefit to
Russia, and an assessment of how the United States could further
degrade Russia's war effort. With these new controls, BIS also further
minimizes opportunities for the circumvention of U.S. export controls
on Russia and Belarus through misclassification of the HTS-6 code.
Supplement no. 4 to part 746 will now cover, with the addition of these
522 HTS-6 codes, items subject to the EAR classified under all HTS
codes in 18 additional chapters of HTS codes. Making these additions
will minimize situations where persons could seek to circumvent export
license requirements by changing the classification of an item that
requires a license to the classification of an item in a similar HTS
code that does not require a license. BIS estimates these changes to
supplement no. 4 to part 746 will result in an additional five license
applications submitted to BIS annually.
2. Expansion of Russian and Belarusian industry sector sanctions by
adding items to supplement no. 6 to part 746 consistent with the
objective to undermine Russia's and Belarus's industrial bases and
their ability to continue to support Russia's military aggression in
Ukraine.
In supplement no. 6 to part 746 (Russian and Belarusian Industry
Sector Sanctions Pursuant to Sec. 746.5(a)(1)(iii)) (this final rule
relocates the restrictions of Sec. 746.5(a)(1)(iii) to Sec.
746.8(a)(6)), this final rule adds a new paragraph (h) to control
certain riot control agents that are isomers of CS (o-
Chlorobenzylidenemalononitrile or o-Chlorobenzalmalononitrile) (CAS
2698-41-1); CN (Phenylacyl chloride or w-Chloroacetophenone) (CAS 532-
27-4); or Oleoresin Capsicum (CAS 8023-77-6). Specifically, paragraphs
(h)(1) through (10) describe these riot control agents that will be
controlled under the EAR's Russian and Belarusian industry sector
sanctions. These chemicals meet the definition of riot control agents
under Article II (paragraph 7) of the Chemical Weapons Convention
(CWC). These expanded controls will supplement the existing Commerce
Control List (CCL) controls under ECCNs 1A984 and 1C607; in particular,
they will address Russia's use of riot control agents as a method of
warfare against Ukrainian forces in violation of the CWC. See May 1,
2024 State Department Fact Sheet announcing the imposition of sanctions
on Russia under the Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991, available at <a href="https://www.state.gov/imposing-new-measures-on-russia-for-its-full-scale-war-and-use-of-chemical-weapons-against-ukraine-2/">https://www.state.gov/imposing-new-measures-on-russia-for-its-full-scale-war-and-use-of-chemical-weapons-against-ukraine-2/</a>. BIS estimates these changes to supplement
no. 6 to part 746 will result in one additional license application
submitted to BIS annually.
3. Imposing a license requirement for certain EAR99-designated
``software'' when destined to or within Russia or Belarus.
Prior to this final rule, apart from certain software described in
paragraph (g)(9) in supplement no. 6 to part 746, the Russian and
Belarusian industry sector sanctions (in prior Sec. 746.5(a)(1)(iii))
did not extend to software and the license requirements under Sec.
746.8(a)(1) did not extend to EAR99-designated software. This final
rule strengthens the Russian and Belarusian export control measures by
adding a new paragraph (a)(8) (EAR99-designated software) to Sec.
746.8. These changes to paragraph (a)(8) described under amendment 14
will go into effect on September 16, 2024. New paragraph (a)(8)(i)
specifies that a license is required to export, reexport, or transfer
(in-country) to or within Russia or Belarus any EAR99-designated
software described in paragraph (a)(8)(ii). New paragraph (a)(8)(ii)
will apply to the following types of EAR99-designated ``software:''
Enterprise resource planning (ERP); customer relationship management
(CRM); business intelligence (BI); supply chain management (SCM);
enterprise data warehouse (EDW); computerized maintenance management
system (CMMS); project management software, product lifecycle
management (PLM); building information modelling (BIM); computer aided
design (CAD); computer-aided manufacturing (CAM); and engineering to
order (ETO). New paragraph (a)(8)(ii) includes a sentence to specify
that the license requirement also includes software updates of software
identified in paragraph (a)(8)(ii), which will enhance the
effectiveness of this control because of the need for regular software
updates to ensure proper software functionality. BIS also has added a
new paragraph (a)(12)(iv) in Sec. 746.8 to exclude entities
exclusively operating in the medical or agricultural sectors from this
software license requirement. These changes to paragraph (a)(12)(iv)
also described under amendment 14 will go into effect on September 16,
2024. BIS estimates these changes to Sec. 746.8(a)(8), which take into
account the new exclusion added under Sec. 746.8(a)(12)(iv), will
result in an additional 5 license applications submitted to BIS
annually.
4. Narrowing the scope of eligible commodities and software under
License Exception CCD for Russia and Belarus.
In Sec. 740.19 (Consumer Communications Devices (CCD)), this final
rule revises paragraph (b) (Eligible commodities and software) to limit
the scope of eligible commodities and software that may be authorized
for export, reexport, or transfer (in-country) under this section to
and within Russia and Belarus. This final rule does so by revising the
paragraph (b) introductory text to specify that the commodities and
software described in revised paragraphs (b)(1) through (8) are
eligible for export, reexport, and transfer (in-country) to or within
Russia and Belarus, as well as to or within Cuba, and by adding a
sentence to the end of the paragraph (b) introductory text to specify
that commodities and software described in paragraphs (b)(9) through
(18) are eligible for export, reexport, or transfer (in-country) under
this section to or within Cuba only. This final rule also revises
paragraphs (b)(1) through (17) accordingly, so that all the commodities
and software that are eligible for Russia, Belarus, and Cuba are
described under paragraphs (b)(1) through (8) and those that are
eligible for Cuba only are in paragraphs (b)(9) through (18).
The redesignation of these paragraphs will make it easier for
exporters, reexporters, and transferors to identify the commodities and
software that may be eligible for License Exception CCD for export,
reexport, or transfer (in-country) to or within each of these three
countries. This final rule does not otherwise revise the scope of
eligible items in paragraphs (b)(1) through (17), with the exception of
paragraph (b)(15) (batteries, chargers, carrying cases and accessories
for the equipment described in paragraphs (b)(1) through (5) of this
section that are designated EAR99). Specifically, this final rule
separates the contents of this paragraph into two paragraphs by adding
paragraph (b)(6) to describe batteries, chargers, carrying cases, and
accessories for the equipment described in paragraphs (b)(1) through
(5) of this section that are designated EAR99, and adding a separate
paragraph (b)(18) to describe batteries, chargers, carrying cases, and
accessories for the equipment described in paragraphs (b)(8) through
(17) of this section that are designated EAR99. BIS estimates these
changes to Sec. 740.19 will result in an additional 10 license
applications submitted to BIS annually.
To further assist exporters and other parties in understanding the
changes to
[[Page 51646]]
Sec. 740.19(b)(1) through (17), BIS includes a cross walk in Table 1
below:
Table 1--Cross Walk for Sec. 740.19(b)(1) Through (17) Redesignations
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Paragraph (b)
Original paragraph (b) designation redesignation in this Eligible for Russia, Eligible only for Cuba
final rule Belarus, and Cuba
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(b)(1)............................... No change.............. X......................
(b)(2)............................... (b)(9)................. ....................... X
(b)(3)............................... (b)(10)................ ....................... X.
(b)(4)............................... (b)(3)................. X......................
(b)(5)............................... (b)(4)................. X......................
(b)(6)............................... (b)(11)................ ....................... X.
(b)(7)............................... (b)(12)................ ....................... X.
(b)(8)............................... (b)(5)................. X......................
(b)(9)............................... (b)(2)................. X......................
(b)(10).............................. (b)(13)................ ....................... X.
(b)(11).............................. (b)(7)................. X......................
(b)(12).............................. (b)(14)................ ....................... X.
(b)(13).............................. (b)(15)................ ....................... X.
(b)(14).............................. (b)(16)................ ....................... X.
(b)(15).............................. (b)(18) and (b)(6)..... Yes, for (b)(6)........ Yes, for (b)(18).
(b)(16).............................. (b)(8)................. X......................
(b)(17).............................. (b)(17)................ ....................... X.
N/A.................................. (b)(18) (Newly added ....................... X.
paragraph, but
substance was formerly
in (b)(15)).
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B. Consolidation of Russia and Belarus Sanctions Into a Single Section
1. Consolidation. The embargoes, sanctions, and special controls
implemented under the EAR are contained in part 746 of the EAR. For
countries such as Cuba, North Korea, and Syria, there is a single
section under part 746 that imposes embargo or country-specific
sanctions. With respect to the export control measures against Russia
and Belarus, BIS took a different approach, with certain controls added
to new part 746 sections after the initial February 2014 Russian
invasion of the Crimea region of Ukraine and various export control
measures added to those existing part 746 sections, along with
expansive measures imposed under new part 746 sections, as well as, in
response to the February 2022 full-scale invasion of Ukraine and
continuing Russian aggression against Ukraine. Prior to this final
rule, license requirements for exports, reexports, and transfers (in-
country) to or within Russia and Belarus added in or after February
2022 were primarily found in three sections in part 746 of the EAR:
Sec. Sec. 746.5 (for a variety of industrial goods), 746.8 (mostly for
items on the Commerce Control List and items caught by the Russia and
Belarusian-related foreign direct product rules), and 746.10 (for
`luxury goods'). In this final rule, all of these license requirements
are being consolidated into a revised and expanded Sec. 746.8.
Specifically, license requirements from former Sec. 746.8 are now
found in paragraphs (a)(1) through (3) of Sec. 746.8; license
requirements from former Sec. 746.5 are now found in paragraphs (a)(4)
through (6) of Sec. 746.8; and license requirements from former Sec.
746.10 are now found in paragraph (a)(7) of Sec. 746.8.
BIS has undertaken this consolidation in light of the increasingly
wide-ranging and complex nature of the export control measures against
Russia and Belarus. A single section under Sec. 746.8 that specifies
the EAR's Russia and Belarus restrictions should enhance clarity and
facilitate compliance. However, in the interest of maintaining certain
aspects of the current regulatory structure governing these
restrictions, the applicable supplements identifying items continue to
be in force, namely, the Russian and Belarusian industry sector
sanctions under supplement nos. 2, 4, and 6 to part 746, and the
`Luxury Goods' sanctions under supplement no. 5 to part 746. Nor has
BIS made any changes to supplement nos. 3 and 7 to part 746,
supplements that relate to other Russia and Belarus restrictions.
To implement this consolidation, this final rule removes and
reserves Sec. Sec. 746.5 (Russian and Belarusian industry sector
sanctions) and 746.10 (`Luxury goods' sanctions against Russia and
Belarus and Russian and Belarusian oligarchs and malign actors). The
contents and related restrictions in those two EAR sections will now be
located in the consolidated Sec. 746.8, which with this final rule
will become the primary part 746 section implementing export controls
on Russia and Belarus.
For now, as noted above, the EAR will continue to maintain three
supplements for industrial goods (supplement nos. 2, 4, and 6 to part
746) and one supplement for `luxury goods' (supplement no. 5 to part
746). However, because controls on `luxury goods' destined for certain
Russian and Belarusian oligarchs and malign actors worldwide were
removed from Sec. 746.10 and added to Sec. 744.8 of the EAR on March
21, 2024 (see 89 FR 20115, Mar. 21, 2024) as part of a broader action
consolidating various end-user controls, the license requirements for
`luxury goods' now are effectively the same destination-based controls
that apply to license requirements for items covered under other HTS-6
codes described in the three industrial goods lists set forth in
supplement nos. 2, 4, and 6 to part 746, respectively. In future
amendments to the EAR, BIS may consider consolidating these three
lists, but has decided to keep them separate for now. To assist with
compliance, BIS is also posting a list of all HTS codes set forth in
supplement nos. 2, 4, and 5 to part 746 in downloadable XML format,
available at <a href="https://www.bis.gov/russia-belarus_export_controls_resources#downloadable-compliance-resources">https://www.bis.gov/russia-belarus_export_controls_resources#downloadable-compliance-resources</a>.
In addition to consolidating various Russia and Belarus export,
reexport, and transfer (in-country) licensing requirements in Sec.
746.8, this final rule adds the applicable exclusions that were
formerly set forth in Sec. Sec. 746.5, 746.8 and 746.10 to paragraph
(a)(12) of Sec. 746.8 of the EAR. These exclusions include ones that
apply for certain deemed exports or reexports, certain transactions
involving mass market encryption commodities
[[Page 51647]]
and software destined to U.S. companies, and transactions from the
Global Export Control Coalition (GECC) members described in supplement
no. 3 to part 746 of the EAR. Specifically, the exclusion for deemed
exports and reexports has been added to paragraph (a)(12)(i), the
exclusion for mass market encryption commodities and software has been
added to paragraph (a)(12)(ii), and the exclusion for members of the
GECC has been added to paragraph (a)(12)(iii). The introductory text of
paragraph (a) of Sec. 746.8 will now reference paragraph (a)(12)
containing these three sets of exclusions. This consolidation and
reformatting of these requirements is intended to improve consistency
and clarity, the objectives also met by the broader consolidation of
the related licensing requirements.
Prior to this final rule, Sec. Sec. 746.5, 746.8, and 746.10 of
the EAR each contained instructional text that established an order of
review among these three sections to clarify how to review each section
in conjunction with the CCL and other sections of the EAR. Such review
was necessary because a single HTS-6 code may cover both items that are
classified under Export Control Classification Numbers (ECCN) on the
CCL and items designated EAR99, and there may consequently be
overlapping export controls that apply to an item in that HTS-6 code
depending on how such item is classified. In this final rule, this
order of review instructional text is being moved to the paragraph (a)
introductory text in revised Sec. 746.8, which will consolidate the
licensing requirements previously set forth in three separate part 746
sections. This final rule also consolidates the three applicable
licensing policies under the revised Sec. 746.8(b) and consolidates
the license exception availability contents previously found in
Sec. Sec. 746.5, 746.8, and 746.10 under the revised Sec. 746.8(c).
BIS estimates these conforming changes described in section II.B.1 will
not result in any additional license applications submitted to BIS
annually.
2. Conforming changes relating to the consolidation of the Russia
and Belarus sanctions into a single part 746 section.
This final rule makes conforming changes to various provisions of
the EAR to reflect the fact that the substantive contents formerly set
forth in Sec. Sec. 746.5 and 746.10 (e.g., licensing requirements and
related license application review policies) are being consolidated
with the requirements under Sec. 746.8. Because Sec. Sec. 746.5 and
746.10 are referenced in other EAR provisions, this final rule revises
those EAR provisions (as described in section II.B.2). BIS estimates
these conforming changes described in section II.B.2 will not result in
any additional license applications submitted to BIS annually.
In supplement no. 2 to part 734--Guidelines for De Minimis Rules,
this final rule revises the third sentence of paragraph (a)(1) to make
a conforming change to remove the references to Sec. Sec. 746.8(a)(5)
and 746.10(a)(3) and add in its place a reference to Sec.
746.8(b)(3)(ii).
In supplement no. 4 to part 744--Entity List, this final rule
revises 85 existing entries, consisting of one entry under Cyprus, 83
entries under Russia, and one entry under Switzerland that reference
Sec. 746.5, and updates the reference to Sec. 746.8.
In part 746, this final rule revises supplement nos. 2, 3, 4, and 6
to part 746 that reference Sec. Sec. 746.5 or 746.10 and updates the
reference to Sec. 746.8.
In supplement no. 1 to part 774, this final rule amends eight
ECCNs: 0A998, 1C992, 3A229, 3A231, 3A232, 6A991, 8A992, and 8D999 by
removing the reference to Sec. 746.5 and adding in its place
references to Sec. 746.8. In addition to the license requirements that
are applicable under the Russian and Belarusian industry sector
sanctions, all exports, reexports, and transfers (in-country) to or
within Russia and Belarus also require a license under Sec.
746.8(a)(1) because these items are classified under ECCNs. Lastly,
this rule revises the Related Controls paragraph under ECCN 1C992 to
make minor clarifications to the text for clarity.
C. Additions to the Entity List and Changes to the Entity List
Structure
1. Background. The Entity List (supplement no. 4 to part 744 of the
EAR (15 CFR parts 730 through 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. BIS places entities on the Entity
List pursuant to parts 744 (Control Policy: End-User and End-Use Based)
and 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.
2. Additions to the Entity List and changes to the Entity List
structure.
i. Additions to the Entity List.
The ERC determined to add Advantage Trading Co. Limited, Duling
Technology (HK) Limited, and FY International Trading, all under the
destination of China, to the Entity List. These companies have procured
components, including U.S.-origin components, that are used to develop
and produce Shahed-series UAV's, which have been used by Russia in
Ukraine. This activity is contrary to U.S. national security and
foreign policy interests under Sec. Sec. 744.11 and 744.21 of the EAR.
These entities will receive a footnote 3 designation because the ERC
has determined that they are Russian or Belarusian `military end users'
in accordance with Sec. 744.21. A footnote 3 designation subjects
these entities to the Russia/Belarus-Military End User Foreign Direct
Product (FDP) rule, detailed under Sec. 734.9(g). These entities are
added with a license requirement for all items subject to the EAR.
License applications will be reviewed under a policy of denial for all
items subject to the EAR, other than applications for food and medicine
designated as EAR99, which will be reviewed on a case-by-case basis.
The ERC determined to add Shenzhen Daotong Intelligent Aviation
Technology Co., Ltd., under the destination of China, to the Entity
List. This entity is involved in the shipment of controlled items to
Russia since Russia's invasion of Ukraine in February 2022 as well as
acquiring and attempting to acquire U.S.-origin items, applicable to
unmanned aerial vehicles, to be used by Chinese military entities.
These activities are contrary to the national security and foreign
policy interests of the United States under Sec. 744.11 of the EAR.
Licenses will be required for all items subject to the EAR. License
applications will be reviewed with a license review policy of
presumption of denial.
The ERC determined to add eight addresses under the destination of
China to the Entity List. These addresses
[[Page 51648]]
are associated with significant transshipment of sensitive goods to
Russia. BIS has verified that these addresses are associated with a
significant number of entities, whose activities risk violating the
EAR. These risks include associations with parties on the Entity List
or the Unverified List at the listed addresses. These activities are
contrary to U.S. national security and foreign policy interests under
Sec. 744.11 of the EAR. Licenses will be required for all entities at
these addresses for all items on the Commerce Control List and
supplement no. 7 of section 746 of the EAR and subject to the EAR.
License applications will be reviewed with a license review policy of
presumption of denial.
The ERC determined to add LLC Volgogradpromproyekt, under the
destination of Russia, to the Entity List. This addition is being made
because the ERC has determined that LLC Volgogradpromproyekt has been
involved with, contributes to, and supports the Russian military and
defense sectors and companies that have been added to the BIS Entity
List and the Treasury Department's List of Specially Designated
Nationals and Blocked Persons. Specifically, LLC Volgogradpromproyekt
have sold a variety of chemicals for use in the activities of these
Russian military and defense sectors and companies. This activity is
contrary to the national security and foreign policy interests of the
United States under Sec. 744.11 and this entity qualifies as a
military end user under Sec. 744.21(g) of the EAR. This entity is
receiving a Footnote 3 designation because the ERC has determined that
it is a Russian or Belarusian `military end user' pursuant to Sec.
744.21. A Footnote 3 designation subjects this entity to the Russia/
Belarus-Military End User Foreign Direct Product (FDP) rule, detailed
in Sec. 734.9(g). The entity is added with a license requirement for
all items subject to the EAR and a license review 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.
BIS estimates these additions to the Entity List will not result in
any additional license applications submitted to BIS annually.
For the reasons described above, this final rule adds the following
five entities and eight addresses under thirteen entries to the Entity
List and includes, where appropriate, aliases:
China
<bullet> Address 01;
<bullet> Address 02;
<bullet> Address 03;
<bullet> Address 04;
<bullet> Address 05;
<bullet> Address 06;
<bullet> Address 07;
<bullet> Address 08;
<bullet> Advantage Trading Company Limited;
<bullet> Duling Technology (HK) Limited;
<bullet> FY International Trading Company; and
<bullet> Shenzhen Daotong Intelligent Aviation Technology Co., Ltd.
Russia
<bullet> LLC Volgogradpromproyekt.
ii. Entity List Structural Changes.
International transshipment through shell companies presents an
export control compliance problem that cannot always be addressed
effectively through conventional Entity List additions. Shell companies
can easily be dissolved and reformed to evade sanctions and export
controls because they lack non-cash assets, employees, fixed addresses,
business reputations, or other features that would incentivize the
pursuit of longevity. Shell companies rely on service providers to
enable them, with addresses that can be listed on corporate paperwork,
mailboxes where they can receive shipments, temporary office space, or
accounting and other services necessary to engage in trade activity.
When BIS lists shell companies on the Entity List, it is often at
the address of these service providers, though BIS has traditionally
avoided listing the service providers by name because that name will
not appear on export control paperwork and may remain unknown to the
seller of items subject to the EAR. Nonetheless, some of these
addresses present a high diversion risk for controlled items and appear
multiple times on the Entity List or Unverified List under different
company names.
While BIS has said that involvement of a company co-located with a
listed entity presents a red flag in export transactions, there are
some situations where a more definite license requirement is warranted
for addresses that are repeatedly used by companies engaged in activity
contrary to U.S. national security or foreign policy interests. This
rule is intended to address those situations by enabling BIS to publish
high diversion risk addresses on the Entity List, thus triggering a
license requirement for all entities who use that address. The goal of
this rule is to more effectively combat unlawful diversion and to
incentivize a stronger awareness of export compliance among the
corporate service provider industries that facilitate trade through
shell companies.
To facilitate adding the addresses detailed above, BIS is revising
Sec. 744.16, which describes, among other things, the license
requirements, license exceptions, and license review policy for
entities added to the Entity List. This rule adds paragraph (f) to
Sec. 744.16. Under paragraph (f) (Addresses with High Diversion Risk),
BIS may identify by address an entity (or multiple entities) on the
Entity List that presents a high risk of diversion without an
associated entity name. As with other entries on the Entity List, these
entries will detail the license requirements, license review policies,
and restrictions on the use of license exceptions; however, the entry
will apply to all entities using that address, other than entities with
their own separate entry at that same address, in which case the more
specific entry will apply. Prior to this rule, the license requirement
applied to the entity listed by name on the Entity List. BIS will
include as much identifying information as possible for any such
address listed on the Entity List under this policy. As a conforming
change, BIS is adding reference to addresses of persons or changing
references from entities to entries in the introductory text in
supplements 4 and 5 to part 744.
For ease of compliance and administrative purposes, the entries
that consist of an address only will be titled ``Address #,'' where #
represents a number in a sequence of address entries. This pattern will
apply to each destination for which there is an address-only entry.
Beyond entries that consist of an address only, given the risk of
diversion from multiple listed entities using the same address, when a
party to a transaction uses the same address as (e.g., is co-located
with) a listed entity, the address is a red flag and the exporter,
reexporter, and transferor must undertake sufficient due diligence to
verify that the entity co-located with the listed entity is not, in
fact, the listed entity and is not acting on behalf of the listed
entity. This is similar to red flag guidance BIS has issued on listed
entities.
The final rule also makes additional changes to Sec. Sec. 744.11
and 744.16 where needed to reflect the addition of paragraph (f) under
Sec. 744.11. These changes broaden the sentences that use the phrase
``entities listed on the Entity List'' to reflect that these provisions
also apply to addresses that present a high diversion risk listed on
the Entity List.
BIS estimates these changes described in section II.C will not
result in any additional license application submitted to BIS annually.
[[Page 51649]]
D. Confirmation of the Standard Used in Connection With Actions
Involving the Availability of License Exceptions and Clarification of
the Scope of a Commodity Subject to the Russian and Belarusian Industry
Sanctions
This final rule makes revisions to two existing provisions of the
EAR. First, this final rule specifies the standard used by BIS when
revising, suspending, or revoking the use of EAR license exceptions,
which applies to all license exceptions, destinations, and users of
such license exceptions. By making this standard explicit, BIS provides
transparency to exporters, reexporters, and transferors that may seek
to utilize license exceptions in various destinations. In the section
below, BIS provides some examples in the Russia context and in contexts
involving other destinations in which BIS either has (or may) exercise
this authority to revise, suspend, or revoke the use of license
exceptions to protect U.S. national security or foreign policy
interests. Second, this final rule makes a clarification regarding the
control status of fasteners as it relates to the Russian and Belarusian
industry sector sanctions. BIS estimates these changes described in
section II.D will not result in any additional license application
submitted to BIS annually.
1. Specifying the standard that governs when revising, suspending,
or revoking EAR license exceptions.
BIS is responsible for protecting U.S. national security and
foreign policy interests under the EAR. EAR license exceptions (part
740) are authorizations to engage in activity that otherwise requires a
license and play an important role in the EAR control structure. In
Sec. 740.2 (Restrictions on all License Exceptions), this final rule
revises paragraph (b) to specify the standard under which BIS may
revise, suspend, or revoke a license exception, in whole or in part,
without notice. Specifically, this final rule adds text to confirm (and
render explicit) the fact that BIS may make such revisions,
suspensions, or revocations to protect U.S. national security or
foreign policy interests, consistent with the policy considerations in
Section 1752 of the Export Control Reform Act of 2018 (50 U.S.C. 4811).
In order to protect U.S. national security and foreign policy
interests, BIS has broad authority to make revisions, suspensions, or
revocations that apply to specific entities (including natural persons)
or take action that affects all transactions involving a particular
destination. For example, BIS may revoke a license exception for a
particular foreign airline that changes its ownership structure to
circumvent the national security and foreign policy objectives
underlying the restrictions on the use of License Exception AVS for
temporary sojourns to Russia in Sec. 746.8 of the EAR. As another
example, BIS may revoke license exception availability for a company
under investigation for fraudulent use of license exceptions on export
control documents to avoid scrutiny of its shipments. BIS may also
revoke multiple license exceptions for transactions involving
particular countries, as it did in June 2020 for Hong Kong after new
security measures were imposed that undermined Hong Kong's autonomy (85
FR 45998, July 31, 2020), or as it did for Burma in March 2021 in
response to that country's military coup (86 FR 13173, March 8, 2021).
2. Clarification that the exclusion for fasteners for the
``parts,'' ``components,'' ``accessories,'' and ``attachments'' does
not apply to fasteners that are specified under one of the HTS-6 codes
specified in the respective supplements.
In supplement nos. 2, 4, 5, and 7, this final rule adds a sentence
to clarify the scope of the exclusion for fasteners (e.g., screw, bolt,
nut, nut plate, stud, insert, clip, rivet, pin) in the three
supplements. Fasteners are identified in an exclusion from the scope of
this control, but a clarification is needed because certain fasteners
will now be described under HTS-6 Codes under supplement no. 4 with the
additions made in this final rule and some of the HTS-Codes in
supplement nos. 2, 4, 5, and 7 also identify certain fasteners, and are
therefore included within the scope of the controls. This final rule
clarifies the scope of the exclusion by adding a new third sentence to
each of these three supplements to specify that the exclusion of
fasteners from this control does not apply to fasteners that are
designated under an HTS Code that is specified in that supplement. This
final rule also adds the word `generally' before the term fasteners in
each of the three supplements to clarify that the exclusion for
fasteners has limits. This final rule also adds the word `and' before
the term `washers' to clarify that in all cases a washer, spacer,
insulator, grommet, bushing, spring, wire, or solder is excluded from
the scope of these three supplements regardless of the HTS Code or HTS
description.
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 June 12, 2024, 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 July
12, 2024.
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. 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. BIS has examined the impact of this rule as required by
Executive Orders 12866, 13563, and 14094, which direct agencies to
assess all costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits (e.g., potential economic, environmental, public,
health, and safety effects, distributive impacts, and equity). Pursuant
to E.O. 12866, as amended, this final rule has not been determined to
be a ``significant regulatory action.''
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, ``Simple Network Application Process and
Multipurpose Application Form,'' 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.
[[Page 51650]]
BIS estimates that these new controls on Russia and Belarus under
the EAR will result in an increase of twenty-one 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 E.O. 13132.
4. Pursuant to section 1762 of ECRA (50 U.S.C. 4821), 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 neither the Administrative Procedure Act nor any other
law requires that notice of proposed rulemaking and an opportunity for
public comment be given for this rule, the analytical requirements of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not
applicable. Accordingly, no Final 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 Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
15 CFR Parts 746 and 774
Exports, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, parts 734, 740, 744, 746,
and 774 of the Export Administration Regulations (15 CFR parts 730
through 774) are amended as follows:
PART 734--SCOPE OF THE EAR
0
1. The authority citation for part 734 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. 13637, 78 FR 16129, 3 CFR, 2014 Comp.,
p. 223; Notice of November 1, 2023, 88 FR 75475 (November 3, 2023).
0
2. Supplement no. 2 to part 734 is amended by revising the third
sentence of paragraph (a)(1) to read as follows:
Supplement No. 2 to Part 734--Guidelines for De Minimis Rules
(a) * * *
(1) * * * For purposes of identifying U.S.-origin controlled
content, you should consult the Commerce Country Chart in supplement
no. 1 to part 738 of the EAR and controls described in part 746 of
the EAR (excluding U.S.-origin content that meets the criteria in
Sec. 746.7(a)(1)(v) or Sec. 746.8(a)(12)(iii)(B)). * * *
* * * * *
PART 740--LICENSE EXCEPTIONS
0
3. 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
4. Section 740.2 is amended by revising paragraph (b) to read as
follows:
Sec. 740.2 Restrictions on all License Exceptions.
* * * * *
(b) All License Exceptions are subject to revision, suspension, or
revocation, in whole or in part, without notice to protect U.S.
national security or foreign policy interests. BIS may stop a shipment
or an export, reexport, or (in-country) transaction at any stage of its
progress, e.g., in order to prevent an unauthorized export, reexport,
or transfer (in-country). If a shipment is already en route, BIS may
order the return or unloading of the shipment at any port of call.
0
5. 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 (8) of this section are eligible for export,
reexport, or transfer (in-country) under this section to and within
Cuba, Russia, and Belarus. Commodities and software in paragraphs
(b)(9) through (18) of this section are eligible for export, reexport,
or transfer (in-country) to Cuba only.
(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) 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;
(3) Monitors classified under ECCN 5A992.c or designated EAR99;
(4) Printers, including multifunctional printers, classified under
ECCN 5A992.c or designated EAR99;
(5) Keyboards, mice, and similar devices designated EAR99;
(6) Batteries, chargers, carrying cases, and accessories for the
equipment described in paragraphs (b)(1) through (5) of this section
that are designated EAR99;
(7) 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;
(8) 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;
(9) Consumer disk drives and solid-state storage equipment
classified under ECCN 5A992 or designated EAR99;
(10) Graphics accelerators and graphics coprocessors designated
EAR99;
(11) 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;
(12) Network access controllers and communications channel
controllers classified under ECCN 5A991.b.4, 5A992.c, or designated
EAR99;
(13) Memory devices classified under ECCN 5A992.c or designated
EAR99;
[[Page 51651]]
(14) Digital cameras (including webcams) and memory cards
classified under ECCN 5A992 or designated EAR99;
(15) Television and radio receivers, set top boxes, video decoders,
and antennas, classified under ECCNs 5A991, 5A992, or designated EAR99;
(16) Recording devices classified under ECCN 5A992 or designated
EAR99;
(17) Commodities described under 3A991.p or 4A994.l; and
(18) Batteries, chargers, carrying cases, and accessories for the
equipment described in paragraphs (b)(8) through (17) of this section
that are designated EAR99.
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
2. Designed for installation by the user without further
substantial support by the supplier.
* * * * *
PART 744--CONTROL POLICY: END-USER AND END-USE BASED
0
6. The authority citation for 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 7, 2023, 88 FR 62439 (September 11, 2023); Notice of
November 1, 2023, 88 FR 75475 (November 3, 2023).
0
7. Amend Sec. 744.11 by revising the section introductory text,
paragraphs (a) introductory text, (b) introductory text, (b)(4)(i), and
(c), to read as follows:
Sec. 744.11 License requirements that apply to entities acting or at
significant risk of acting contrary to the national security or foreign
policy interests of the United States, and to addresses that present a
high diversion risk.
BIS may impose foreign policy export, re-export, 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 policies will be imposed under this section by
adding an entity or an address that presents a high diversion risk (see
Sec. 744.16(f) of this part) 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
policies that apply to that entity or address, or by informing an
exporter, re-exporter, or transferor pursuant to paragraph (c) of this
section that a specific entity or address is subject to a license
requirement, limitations on use of license exceptions and license
application review policies as specified in a specific notice provided
to an exporter, re-exporter, 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, or if it is no longer at significant
risk of acting contrary to the national security or foreign policy
interests of the United States as described therein. BIS may remove an
address that presents a high diversion risk from the Entity List if the
address is determined to no longer be a high diversion risk, for
example if measures are undertaken to educate companies operating at
those addresses on export compliance, or to effectively screen clients
for diversion risk. BIS may modify the license exception limitations
and license application review policies that apply to a particular
entity or address that presents a high diversion risk 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.
(a) License requirement, availability of license exceptions, and
license application review policy. A license is required, to the extent
specified on the Entity List, to export, reexport, or transfer (in-
country) any item subject to the EAR when an entity that is listed on
the Entity List, or any entity using an address identified on the
Entity List as presenting a high risk of diversion to activities of
concern, is a party to the transaction as described in Sec. 748.5(c)
through (f) of the EAR unless otherwise authorized or excluded in this
section. License exceptions may not be used unless authorized in the
Entity List entry for the entity that is party to the transaction or
for an address that presents a high diversion risk that is used by a
party to the transaction. Applications for licenses required by this
section will be evaluated as stated in the relevant Entity List entry,
in addition to any other applicable review policy stated elsewhere in
the EAR.
* * * * *
(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 or party to the transaction that is operating at
an address that presents a high diversion risk 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 or conducting operations at an address that presents a high
diversion risk may be added to the Entity List pursuant to this
section. An entity or address that presents a high diversion risk may
pose a significant risk through certain circumstances that may be
outside of its own control or in the case of addresses with high
diversion risk, outside the control of certain parties to the
transaction operating at such address that presents a high diversion
risk. Such circumstances that may place an entity or address that
presents a high diversion risk include situations involving a sustained
lack of cooperation by a host government authority, for example, by
preventing an end-use check from being conducted, that effectively
prevents BIS from determining compliance with the EAR. 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 or represent a
significant risk of being contrary to the national security or foreign
policy interests of the United States, including the foreign policy
interest of the protection of human rights throughout the world.
* * * * *
(4) * * *
(i) The entity or persons that own or control an address that
presents a high diversion risk precluding access to; refusing to
provide information about; or providing false or misleading information
about parties to the transaction or the item to be checked.
[[Page 51652]]
The conduct in this example includes: expressly refusing to permit a
check; providing false or misleading information; or engaging in
dilatory or evasive conduct that effectively prevents the check from
occurring or makes the check inaccurate or useless. A nexus between the
conduct of the party or address that presents a high diversion risk to
be listed and the failure to produce a complete, accurate and useful
check is required, even though an express refusal by the party to be
listed is not required; or
* * * * *
(c) Additional prohibition on persons informed by BIS. BIS may
inform persons, either individually by specific notice or through
amendment to the EAR, that a license is required for:
(1) A specific export, reexport, or transfer (in-country) because
there is an unacceptable risk that the export, reexport, or transfer
(in-country) is intended to circumvent the license requirement imposed
on an entity or address that presents a high diversion risk listed in
supplement no. 4 to this part; or
(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 or address that presents a high diversion risk
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, including the foreign policy interest of the
protection of human rights throughout the world, and those acting on
behalf of such entity or that an address that presents a high diversion
risk of being used to divert items subject to the EAR to end-uses or
end-users inconsistent with U.S. foreign policy or national security
interests. Specific notice will be given only by, or at the direction
of, the Principal Deputy Assistant Secretary for Strategic Trade and
Technology Security or the Deputy Assistant Secretary for Strategic
Trade. When such notice is provided orally, it will be followed by
written notice within two working days signed by the Principal Deputy
Assistant Secretary for Strategic Trade and Technology Security or the
Principal Deputy Assistant Secretary's or 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, re-exporter, or transferor must
comply pursuant to this paragraph (c)(3). The ERC may add such entities
or addresses that present a high diversion risk to the Entity List in
supplement no. 4 to this part.
0
7. Section 744.16 is amended by:
0
a. Revising the introductory text;
0
b. Revising paragraphs (a), (b), (c)(1), (e) introductory text; and
0
c. Adding paragraph (f).
The addition and revisions read as follows:
Sec. 744.16 Entity List.
The Entity List (supplement no. 4 to this part) identifies persons
or addresses of persons reasonably believed to be involved, or to pose
a significant risk of being or becoming involved, in activities
contrary to the national security or foreign policy interests of the
United States. The entries are added to the Entity List pursuant to
sections of part 744 (Control Policy: End-User and End-Use Based) and
part 746 (Embargoes and Other Special Controls) of the EAR.
* * * * *
(a) License requirements. In addition to the license requirements
for items specified on the CCL, you may not, without a license from
BIS, export, reexport, or transfer (in-country) any items included in
the License Requirement column of an entry on the Entity List
(supplement no. 4 to this part) when an entity associated with that
entry or when any entity using an address of high diversion risk
associated with that entry is a party to a transaction as described in
Sec. 748.5(c) through (f) of the EAR. The specific license requirement
for each listed entity or address with high diversion risk is
identified in the license requirement column on the Entity List in
supplement no. 4 to this part. A license is not required for the
release of certain ``technology'' or ``software'' when such a release
is for a ``standards-related activity,'' as described in Sec. Sec.
744.11(a)(1) and 772.1 of the EAR.
(b) License exceptions. No license exceptions are available for
exports, reexports or transfers (in-country) to listed entities or
addresses that present a high diversion risk of specified items, except
license exceptions for items listed in Sec. 740.2(a)(5) of the EAR
destined to listed Indian or Pakistani entities to ensure the safety of
civil aviation and safe operation of commercial passenger aircraft, and
in the case of entities added to the Entity List pursuant to Sec.
744.20, to the extent specified on the Entity List.
(c) * * *
(1) General review policy. The license review policy for each
listed entity or address that presents a high diversion risk is
identified in the License Review Policy column on the Entity List.
* * * * *
(e) Removal or modification requests. Any entity listed on the
Entity List or the owner or operator of any address that presents a
high diversion risk listed on the Entity List may request that its
listing be removed or modified. All such requests, including reasons
therefor, must be in writing and sent to: Chair, End-User Review
Committee, Bureau of Industry and Security, U.S. Department of
Commerce, 14th Street and Pennsylvania Avenue NW, Room 3886,
Washington, DC 20230.
* * * * *
(f) Addresses that present a high diversion risk. In limited
circumstances, such as when multiple entities on the Entity List use
the same address, or the name of an entity at a particular address is
unknown to BIS, BIS may determine that such an address presents a high
risk of diversion and publish the address on the Entity List without an
associated entity name. These entries will apply license requirements,
license review policies, and restrictions on the use of license
exceptions for all entities using that address. When submitting a
license application, the applicant should name the specific entity on
the application. In the license application field for additional
information, the applicant should state that the address is on the
Entity List.
0
9. Amend supplement no. 4 to part 744 by:
0
a. Revising the introductory text;
0
b. Under CHINA, PEOPLE'S REPUBLIC OF by adding, in alphabetical order,
entries for ``Address 01''; ``Address 02''; Address 03''; ``Address
04''; ``Address 05''; ``Address 06''; ``Address 07''; ``Address 08'';
``Advantage Trading Company Limited''; ``Duling Technology (HK)
Limited''; and ``FY International Trading Company''; and ``Shenzhen
Daotong Intelligent Aviation Technology Co., Ltd.'';
0
c. Under CYPRUS, revising the entry for ``Rosneft Trade Limited'';
0
d. Under RUSSIA, by:
0
i. Revising the entries for ``Achim Development, OOO''; ``CJSC
[[Page 51653]]
VANKORNEFT''; ``Daltransgaz, OAO''; ``Druzhba, AO''; ``Gaz-Oil, OOO'';
``Gazprom Dobycha Irkutsk, OOO''; ``Gazprom Dobycha Krasnodar, OOO'';
``Gazprom Dobycha Kuznetsk, OOO''; ``Gazprom Dobycha Nadym, OOO'';
``Gazprom Dobycha Noyabrsk, OOO''; ``Gazprom Dobycha Urengoi, OOO'';
``Gazprom Dobycha Yamburg, OOO''; ``Gazprom Energo, OOO''; ``Gazprom
Flot, OOO''; ``Gazprom Gaznadzor, OOO''; ``Gazprom Gazobezopasnost,
OOO''; ``Gazprom Geologorazvedka, OOO''; ``Gazprom Inform, OOO'';
``Gazprom Invest, OOO''; ``Gazprom Kapital, OOO''; ``Gazprom
Komplektatsiya, OOO''; ``Gazprom Mezhregiongaz, OOO''; ``Gazprom
Neft''; ``Gazprom, OAO''; ``Gazprom Pererabotka, OOO''; ``Gazprom
Personal, OOO''; ``Gazprom Promgaz, AO''; ``Gazprom Russkaya, OOO'';
``Gazprom Sotsinvest, OOO''; ``Gazprom Svyaz, OOO''; ``Gazprom Svyaz,
OOO''; ``Gazprom Telekom, OOO''; ``Gazprom Transgaz Kazan, OOO'';
``Gazprom Transgaz Krasnodar, OOO''; ``Gazprom Transgaz Makhachkala,
OOO''; ``Gazprom Transgaz Nizhni Novgorod, OOO''; ``Gazprom Transgaz
Samara, OOO''; ``Gazprom Transgaz Sankt-Peterburg, OOO''; ``Gazprom
Transgaz Saratov''; ``Gazprom Transgaz Stavropol, OOO''; ``Gazprom
Transgaz Surgut, OOO''; ``Gazprom Transgaz Tomsk, OOO''; ``Gazprom
Transgaz Ufa, OOO''; ``Gazprom Transgaz Ukhta, OOO''; ``Gazprom
Transgaz Volgograd, OOO''; ``Gazprom Transgaz Yugorsk, OOO''; ``Gazprom
Tsentrremont, OOO''; ``Gazprom Vniigaz, OOO'';
``Kaliningradnefteprodukt OOO''; ``Kamchatgazprom, OAO''; ``Kinef
OOO''; ``Kirishiavtoservis OOO''; ``Krasnoyarskgazprom, PAO'';
``Lazurnaya OOO''; and ``Lengiproneftekhim OOO'';
0
ii. Adding, in alphabetical order, entry for ``LLC
Volgogradpromproyekt'';
0
iii. Revising the entries for ``Lukoil, OAO''; ``Media-Invest OOO'';
``Neft-Aktiv LLC''; ``Niigazekonomika, OOO''; ``Novgorodnefteprodukt
OOO''; ``OJSC Achinsk Refinery''; ``OJSC Angarsk Petrochemical
Company''; ``OJSC Kuybyshev Refinery''; ``OJSC Novokuybyshev
Refinery''; ``OJSC Orenburgneft''; ``OJSC RN Holding''; ``OJSC
Samotlorneftegaz''; ``OJSC Syzran Refinery''; ``PJSC
Verkhnechonskneftegaz''; ``Pskovnefteprodukt OOO''; ``RN-Komsomolsky
Refinery LLC''; ``RN-Yuganskneftegaz LLC''; ``Rosneft''; ``SNGB AO'';
``SO Tvernefteprodukt OOO''; ``Sovkhoz Chervishevski PAO'';
``Strakhovove Obshchestvo Surgutneftegaz OOO''; ``Surgutmebel OOO'';
``Surgutneftegas''; ``Vostokgazprom, OAO''; ``Yamalgazinvest, ZAO'';
and ``Yuzhno-Kirinskoye Field, in the Sea of Okhotsk''; and
0
e. Under SWITZERLAND, revising the entry for ``Rosneft Trading S.A.''.
The revisions read as follows:
Supplement No. 4 to Part 744--Entity List
This supplement lists certain entities or addresses subject to
license requirements for specified items under parts 744 and 746 of
the EAR. License requirements for these entities include exports,
reexports, and transfers (in-country) unless otherwise stated. A
license is required, to the extent specified on the Entity List, to
export, reexport, or transfer (in-country) any item subject to the
EAR when an entity or a party to the transaction is operating at an
address that is listed on the Entity List under an address entry is
a party to the transaction as described in Sec. 748.5(c) through
(f) of the EAR. See Sec. 744.11 for licensing requirements in the
context of a ``standards-related activity.'' This list is revised
and updated on a periodic basis in this supplement by adding new or
amended notifications and deleting notifications no longer in
effect.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Federal Register
Country Entity License requirement License review policy citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHINA, PEOPLE'S REPUBLIC OF. * * * * * *
Address 01, Unit D, 16/F One Capital For items on the CCL Presumption of denial......... 89 FR [INSERT FR PAGE
Place, 18 Luard Rd, Wan Chai, Hong Kong. and listed in NUMBER AND June 18,
supplement no. 7 to 2024].
part 746 of the EAR.
Address 02, Unit 04, 7/F Bright Way For items on the CCL Presumption of denial......... 89 FR [INSERT FR PAGE
Tower, No. 33 Mong Kok Road, Kowloon, and listed in NUMBER AND June 18,
Hong Kong. supplement no. 7 to 2024].
part 746 of the EAR.
Address 03, Room 19C Lockhart Centre 301- For items on the CCL Presumption of denial......... 89 FR [INSERT FR PAGE
307, Lockhart Rd. Wan Chai, Hong Kong. and listed in NUMBER AND June 18,
supplement no. 7 to 2024].
part 746 of the EAR.
Address 04, Room 803, Chevalier House 45- For items on the CCL Presumption of denial......... 89 FR [INSERT FR PAGE
51, Chatham Road South, Tsim Sha Tsui, and listed in NUMBER AND June 18,
Hong Kong. supplement no. 7 to 2024].
part 746 of the EAR.
Address 05, Flat/RM 2309, 23/F, Ho King For items on the CCL Presumption of denial......... 89 FR [INSERT FR PAGE
Commercial Centre, 2-16 Fa Yuen Street, and listed in NUMBER AND June 18,
Mong Kok, Kowloon, Hong Kong. supplement no. 7 to 2024].
part 746 of the EAR.
Address 06, Office 4, 16/F Ho King For items on the CCL Presumption of denial......... 89 FR [INSERT FR PAGE
Commercial Centre, 2-16 Fayuen Street, and listed in NUMBER AND June 18,
Hong Kong. supplement no. 7 to 2024].
part 746 of the EAR.
Address 07, Room 1318-19, 13F, Hollywood For items on the CCL Presumption of denial......... 89 FR [INSERT FR PAGE
Plaza, 610 Nathan Road, Mong Kok, and listed in NUMBER AND June 18,
Kowloon, Hong Kong. supplement no. 7 to 2024]
part 746 of the EAR.
Address 08, Room 1318-20, 13F, Hollywood For items on the CCL Presumption of denial......... 89 FR [INSERT FR PAGE
Plaza, 610 Nathan Road, Mong Kok and listed in NUMBER AND June 18,
Kowloon, Hong Kong. supplement no. 7 to 2024].
part 746 of the EAR.
Advantage Trading Company Limited a.k.a., For all items subject Policy of denial for all items 89 FR [INSERT FR PAGE
the following one alias:--Jin Ying to the EAR. (See Sec. subject to the EAR apart from NUMBER AND June 18,
Trading Co., Ltd. Sec. 744.8(b), food and medicine designated 2024].
No. 6 Kin Tai Street, Shop 185 G/F, Hand 744.11, 734.9(g),\3\ as EAR99, which will be
Wai Industrial Centre, Tuen Mun, New 746.8(a)(3), and reviewed on a case-by-case
Territories, Hong Kong. 744.21(b) of the EAR). basis. See Sec. Sec.
746.8(b) and 744.21(e).
[[Page 51654]]
* * * * * *
Duling Technology (HK) Limited, 2-16 For all items subject Policy of denial for all items 89 FR [INSERT FR PAGE
Fayuen Street, Room 4, 16th Floor, Ho to the EAR (See Sec. subject to the EAR apart from NUMBER AND June 18,
King Commercial Centre, Mongkok, Sec. 744.8(b), food and medicine designated 2024].
Kowloon, Hong Kong. 744.11, 734.9(g),\3\ as EAR99, which will be
746.8(a)(3), and reviewed on a case-by-case
744.21(b) of the EAR). basis. See Sec. Sec.
746.8(b) and 744.21(e).
* * * * * *
FY International Trading Company, a.k.a., For all items subject Policy of denial for all items 89 FR [INSERT FR PAGE
the following one alias:--FYIT. to the EAR (See Sec. subject to the EAR apart from NUMBER AND June 18,
Cac Kitt Building, Room 21B7, Shenzhen Sec. 744.8(b), food and medicine designated 2024].
Guangdong China; and No. 48 Street, 744.11, 734.9(g),\3\ as EAR99, which will be
Office No. 6, 12th Floor, Wealth 746.8(a)(3), and reviewed on a case-by-case
Commercial Centre, Kowloon, Hong Kong; 744.21(b) of the EAR). basis. See Sec. Sec.
and 707 to 713 Nathan Road, Flat Room B, 746.8(b) and 744.21(e).
26th Floor, Silvercorp International
Tower, Mong Kok, Kowloon, Hong Kong; and
426 Shanghai Street, Flat 2002C, 20F,
Multifield Commercial Centre, Mongkok,
Kowloon, Hong Kong; and No. 16 Shing Yip
Street, Workshop 603F, Block A, East Sun
Industrial Centre, Kowloon, Hong Kong;
and Flat F 10 Floor Hung Cheong
Industrial Centre Phase I 12Tsing Yeung,
Tuen Mun, N.T. Hong Kong.
* * * * * *
Shenzhen Daotong Intelligent Aviation For all items subject Presumption of denial......... 89 FR [INSERT FR PAGE
Technology Co., Ltd., a.k.a., the to the EAR. (See Sec. NUMBER AND June 18,
following two aliases: 744.11 of the EAR). 2024].
--Autel Robotics; and
--Daotong Intelligence.
6th Floor, No. 1, Chuangxiangdi, Yanxiang
Intelligent Valley, No. 11 Gaoxin West
Road, Guangming New District, Shenzhen,
China; and Building C1 & B1, Nanshan
Zhiyuan, No.1001, Xueyuan Avenue, Xili
Street, Nanshan District, Shenzhen,
China; and Unit 701-702, 7/F, Grandtech
Center, 8 On Ping Street, Shatin, N.T.,
Hong Kong; and Unit 06, Floor 4, 501,
7th Floor, No. 8 Xibinhe Road,
Yongdingmen, Dongcheng District,
Beijing, China; and Room 405, No. 5,
Jixiang 3rd Road, Yixin Community,
Pingdi Street, Longgang District,
Shenzhen, China; and No. 11303, Unit 1,
Building 3, Moore Center, northwest
corner of Keji 6th Road, Fenghui South
Road, High-tech Zone, Xi'an City,
Shaanxi Province, China; and No. 701 on
the east side and 701 on the west side
of the electronics factory in Building
3, Yanxiang Technology Industrial Park,
Gaoxin Road, Dongzhou Community,
Guangming Street, Guangming District,
Shenzhen, China.
* * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
CYPRUS...................... * * * * * *
Rosneft Trade Limited, f.k.a., TNK Trade For all items subject See Sec. 746.8(b)(2) of the 80 FR 52968, 9/2/15.
Limited. Elenion Building 5 Themistokli to the EAR when used EAR. 89 FR [INSERT FR PAGE
Dervi, 2nd floor, Lefkosia, Nicosia in projects specified NUMBER AND June 18,
1066, Cyprus. in Sec. 746.8(a)(4) 2024].
of the EAR.
* * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
RUSSIA...................... * * * * * *
Achim Development, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601 preview
following two aliases: to the EAR when used EAR. citation details, 9/7/
--Achim Development; and in projects specified 16. 89 FR [INSERT FR
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) PAGE NUMBER AND June
Otvetstvennostyu `Achim Development'. of the EAR. 18, 2024].
d.7 ul.Promyshlennaya, Novy Urengoi,
Yamalo-Nenetski a.o. 629306, Russia.
* * * * * *
CJSC VANKORNEFT, a.k.a., the following For all items subject See Sec. 746.8(b)(2) of the 80 FR 52968
two aliases: to the EAR when used EAR. preview citation
--Vankorneft; and in projects specified details, 9/2/15. 89
--ZAO Vankorneft. Dobrovolcheskoy Brigady in Sec. 746.8(a)(4) FR [INSERT FR PAGE
St., 15, Krasnoyarsk Territory 660077, of the EAR. NUMBER AND June 18,
Russia. 2024].
* * * * * *
Daltransgaz, OAO, a.k.a., the following For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601
two aliases: to the EAR when used EAR. preview citation
--Daltransgaz; and in projects specified details, 9/7/16. 89
--Otkrytoe Aktsionernoe Obshchestvo in Sec. 746.8(a)(4)5 FR [INSERT FR PAGE
`Daltransgaz'. d. 1 ul.Solnechnaya S. of the EAR. NUMBER AND June 18,
Ilinka, Khabarovski Raion Khabarovski 2024].
krai 680509, Russia.
* * * * * *
[[Page 51655]]
Druzhba, AO, a.k.a., the following two For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Aktsionernoe Obshchestvo `Druzhba'; and in projects specified NUMBER AND June 18,
--Druzhba. Rogozinino, Moscow 143397, in Sec. 746.8(a)(4) 2024].
Russia. of the EAR.
* * * * * *
Gaz-Oil, OOO (f.k.a., Zakrytoe For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
Aktsionernoe Obshchestvo Gaz Oil), to the EAR when used EAR. 89 FR [INSERT FR PAGE
a.k.a., the following two aliases: in projects specified NUMBER AND June 18,
--Gaz-Oil; and in Sec. 746.8(a)(4) 2024].
--Obshchestvo S Ogranichennoi of the EAR.
Otvetstvennostyu `Gaz-Oil'. d.10 B
ul.Nametkina, Moscow 117420, Russia.
* * * * * *
Gazprom Dobycha Irkutsk, OOO (f.k.a., For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
Otkrytoe Aktsionernoe Obshchestvo to the EAR when used EAR. 89 FR [INSERT FR PAGE
Irkutskgazprom), a.k.a., the following in projects specified NUMBER AND June 18,
two aliases: in Sec. 746.8(a)(4) 2024].
--Gazprom Dobycha Irkutsk; and of the EAR.
--Obshchestvo S Ogranichennoi
Otvetstvennostyu `Gazprom Dobycha
Irkutsk'. d.14 ul.Nizhnyaya
Naberezhnaya, Irkutsk, Irkutskaya obl
664011, Russia.
Gazprom Dobycha Krasnodar, OOO, a.k.a., For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
the following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Dobycha Krasnodar; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Dobycha of the EAR.
Krasnodar'. d.53 ul.Shosse Neftyanikov,
Krasnodar, Krasnodarski krai 350051,
Russia.
Gazprom Dobycha Kuznetsk, OOO, a.k.a., For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
the following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Dobycha Kuznetsk; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Dobycha of the EAR.
Kuznetsk'. d.4 prospekt Oktyabrski,
Kemerovo, Kemerovskaya obl 650066,
Russia.
Gazprom Dobycha Nadym, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Dobycha Nadym; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Dobycha of the EAR.
Nadym'. d.1 ul.Zvereva, Nadym, Yamalo-
Nenetski a.o. 629730, Russia.
Gazprom Dobycha Noyabrsk, OOO, a.k.a., For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
the following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Dobycha Noyabrsk; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Dobycha of the EAR.
Noyabrsk'. d.20 ul. Respubliki,
Noyabrsk, Yamalo-Nenetski a.o. 629802,
Russia.
Gazprom Dobycha Urengoi, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Dobycha Urengoy; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Dobycha of the EAR.
Urengoi'. d.8 ul.Zheleznodorozhnaya,
Novy Urengoi, Yamalo-Nenetski a.o.
629307, Russia.
Gazprom Dobycha Yamburg, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Dobycha Yamburg; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Dobycha of the EAR.
Yamburg'.
d.9 ul. Geologorazvedchikov, Novy
Urengoi, Yamalo-Nenetski a.o 629306,
Russia.
Gazprom Energo, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Energo; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Energo'. 8 of the EAR.
Korp. 1 ul.Stroitelei, Moscow 117939,
Russia.
Gazprom Flot, OOO (f.k.a., Obshchestvo S For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
Ogranichennoi Otvetstvennostyu Gazflot), to the EAR when used EAR. 89 FR [INSERT FR PAGE
a.k.a., the following two aliases: in projects specified NUMBER AND June 18,
--Gazprom Flot; and in Sec. 746.8(a)(4) 2024].
--Obshchestvo S Ogranichennoi of the EAR.
Otvetstvennostyu `Gazprom Flot'. d. 12 A
ul.Nametkina, Moscow 117420, Russia.
Gazprom Gaznadzor, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Gaznadzor; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Gaznadzor'. 41 of the EAR.
str. 1 prospekt Vernadskogo, Moscow
119415, Russia.
Gazprom Gazobezopasnost, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Gazobezopasnost; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom of the EAR.
Gazobezopasnost'. d. 8 korp. 1
ul.Stroitelei, Moscow 119311, Russia.
[[Page 51656]]
Gazprom Geologorazvedka, OOO (f.k.a., For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
Obshchestvo S Ogranichennoi to the EAR when used EAR. 89 FR [INSERT FR PAGE
Otvetstvennostyu Gazprom Dobycha in projects specified NUMBER AND June 18,
Krasnoyarsk), a.k.a., the following two in Sec. 746.8(a)(4) 2024].
aliases: of the EAR.
--Gazprom Geologorazvedka; and
--Obshchestvo S Ogranichennoi
Otvetstvennostyu `Gazprom
Geologorazvedka'. d.70 ul.Gertsena,
Tyumen, Tyumenskaya obl. 625000, Russia.
Gazprom Inform, OOO (f.k.a., Zakrytoe For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
Aktsionernoe Obshchestvo to the EAR when used EAR. 89 FR [INSERT FR PAGE
Informgazinvest), a.k.a., the following in projects specified NUMBER AND June 18,
two aliases: in Sec. 746.8(a)(4) 2024].
--Gazprom Inform; and of the EAR.
--Obshchestvo S Ogranichennoi
Otvetstvennostyu `Gazprom Inform'. d. 13
str. 3 ul.Bolshaya Cheremushkinskaya,
Moscow 117447, Russia.
Gazprom Invest, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Invest; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Invest'. d. 6 of the EAR.
litera D ul.Startovaya, St. Petersburg
196210, Russia.
Gazprom Kapital, OOO (f.k.a., Obshchestvo For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
S Ogranichennoi Otvetstvennostyu Kap to the EAR when used EAR. 89 FR [INSERT FR PAGE
Infin), a.k.a., the following two in projects specified NUMBER AND June 18,
aliases: in Sec. 746.8(a)(4) 2024].
--Gazprom Kapital; and of the EAR.
--Obshchestvo S Ogranichennoi
Otvetstvennostyu `Gazprom Kapital'.
Sosenskoe Pos, Pos. Gazoprovod, D. 101
Korp. 9, Moscow 142770, Russia.
Gazprom Komplektatsiya, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Komplektatsiya; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom of the EAR.
Komplektatsiya'. 8 Korp. 1
ul.Stroitelei, Moscow 119991, Russia.
Gazprom Mezhregiongaz, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Mezhregiongaz; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom of the EAR.
Mezhregiongaz'. d. Dom 24 korp. Liter A
nab.Admirala Lazareva, St. Petersburg
197110, Russia.
Gazprom Neft (a.k.a. Gazprom Neft OAO; For all items subject See Sec. 746.8(b)(2) of the 79 FR 55612, 9/17/14.
a.k.a. JSC Gazprom Neft; a.k.a. Open to the EAR when used EAR. 89 FR [INSERT FR PAGE
Joint-Stock Company Gazprom Neft; f.k.a. in projects specified NUMBER AND June 18,
Sibirskaya Neftyanaya Kompaniya OAO) in Sec. 746.8(a)(4) 2024].
Address: Let. A. Galernaya, 5, ul, St. of the EAR.
Petersburg 190000, Russia
Alt Address: Ul. Pochtamtskaya, 3-5, St.
Petersburg 190000, Russia
Alt Address: 3-5 Pochtamtskaya St., St.
Petersburg 190000, Russia
Alt Address: 125 A. Profsoyuznaya Street,
Moscow 117647, Russia.
* * * * * *
Gazprom, OAO (a.k.a. Open Joint Stock For all items subject See Sec. 746.8(b)(2) of the 79 FR 55612, 9/17/14.
Company Gazprom; a.k.a. OAO Gazprom; to the EAR when used EAR. 89 FR [INSERT FR PAGE
a.k.a. Gazprom) in projects specified NUMBER AND June 18,
Address: 16 Nametkina St., Moscow, Russia in Sec. 746.8(a)(4) 2024].
GSP-7, 117997, Russia of the EAR.
Alt Address: 16 Nametkina ul., Moscow
117991, Russia.
Gazprom Pererabotka, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Pererabotka; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Pererabotka'. of the EAR.
d.16 ul.Ostrovskogo, Surgut, Khanty-
Mansiski Avtonomny okrug--Yugra a.o.
628417, Russia.
Gazprom Personal, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Personal; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Personal'. 16, of the EAR.
Gsp-7 ul.Nametkina, Moscow 117997,
Russia.
Gazprom Promgaz, AO (f.k.a., Otkrytoe For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
Aktsionernoe Obshchestvo Gazprom to the EAR when used EAR. 89 FR [INSERT FR PAGE
Promgaz), a.k.a., the following two in projects specified NUMBER AND June 18,
aliases: in Sec. 746.8(a)(4) 2024].
--Aktsionernoe Obshchestvo `Gazprom of the EAR.
Promgaz' and
--Gazprom Promgaz. d. 6 ul.Nametkina,
Moscow 117420, Russia.
[[Page 51657]]
Gazprom Russkaya, OOO (f.k.a., For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
Obshchestvo S Ogranichennoi to the EAR when used EAR. 89 FR [INSERT FR PAGE
Otvetstvennostyu Kovyktneftegaz), in projects specified NUMBER AND June 18,
a.k.a., the following two aliases: in Sec. 746.8(a)(4) 2024].
--Gazprom Russkaya; and of the EAR.
--Obshchestvo S Ogranichennoi
Otvetstvennostyu `Gazprom Russkaya'. 3
korp.2 ul.Varshavskaya, St. Petersburg
196128, Russia.
Gazprom Sotsinvest, OOO (f.k.a., For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
Gazprominvestarena OOO), a.k.a., the to the EAR when used EAR. 89 FR [INSERT FR PAGE
following two aliases: in projects specified NUMBER AND June 18,
--Gazprom Sotsinvest; and in Sec. 746.8(a)(4) 2024].
--Obshchestvo S Ogranichennoi of the EAR.
Otvetstvennostyu `Gazprom Sotsinvest'.
d. 20 litera A nab.Aptekarskaya, St.
Petersburg 197022, Russia.
Gazprom Svyaz, OOO, a.k.a., the following For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Svyaz; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Svyaz'. d.16 of the EAR.
ul.Nametkina, Moscow 117997, Russia.
Gazprom Telekom, OOO (f.k.a., Zakrytoe For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
Aktsionernoe Obshchestvo Gaztelekom), to the EAR when used EAR. 89 FR [INSERT FR PAGE
a.k.a., the following two aliases: in projects specified NUMBER AND June 18,
--Gazprom Telecom; and in Sec. 746.8(a)(4) 2024].
--Obshchestvo S Ogranichennoi of the EAR.
Otvetstvennostyu `Gazprom Telekom'. d.
62 str. 2 shosse Starokaluzhskoe, Moscow
117630, Russia.
Gazprom Transgaz Kazan, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Transgaz Kazan; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Transgaz of the EAR.
Kazan'. d.41 ul.Adelya Kutuya, Kazan,
Tatarstan resp 420073, Russia.
Gazprom Transgaz Krasnodar, OOO, a.k.a., For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
the following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Transgaz Krasnodar; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Transgaz of the EAR.
Krasnodar'. d.36 ul.Im Dzerzhinskogo,
Krasnodar, Krasnodarski krai 350051,
Russia.
Gazprom Transgaz Makhachkala, OOO For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
(f.k.a., Obshchestvo S Ogranichennoi to the EAR when used EAR. 89 FR [INSERT FR PAGE
Otvetstvennostyu Gazprom Transgaz in projects specified NUMBER AND June 18,
Makhachkala), a.k.a., the following two in Sec. 746.8(a)(4) 2024].
aliases: of the EAR.
--Gazprom Transgaz Makhachkala; and
--Obshchestvo S Ogranichennoi
Otvetstvennostyu `Gazprom Transgaz
Makhachkala'.ul.O.Bulacha, Makhachkala,
Dagestan resp. 367030, Russia.
Gazprom Transgaz Nizhni Novgorod, OOO, For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
a.k.a., the following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Transgaz Nizhny Novgorod; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Transgaz of the EAR.
Nizhni Novgorod'. d.11 ul.Zvezdinka,
Nizhni Novgorod, Nizhegorodskaya obl.
603950, Russia.
Gazprom Transgaz Samara, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Transgaz Samara; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Transgaz of the EAR.
Samara'. d. 106 A str. 1 ul.Novo-
Sadovaya, Samara, Samarskaya obl.
443068, Russia.
Gazprom Transgaz Sankt-Peterburg, OOO, For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
a.k.a., the following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Transgaz Saint Petersburg; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Transgaz Sankt- of the EAR.
Peterburg'. 3 korp.2 ul.Varshavskaya,
St. Petersburg 196128, Russia.
Gazprom Transgaz Saratov, OOO, a.k.a., For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
the following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Transgaz Saratov; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Transgaz of the EAR.
Saratov'. d.118 A prospekt Im 50 Let
Oktyabrya, Saratov, Saratovskaya obl.
410052, Russia.
Gazprom Transgaz Stavropol, OOO, a.k.a., For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
the following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Transgaz Stavropol; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Transgaz of the EAR.
Stavropol'. d.6 prospekt Oktyabrskoi
Revolyutsii, Stavropol, Stavropolski
krai 355000, Russia.
[[Page 51658]]
Gazprom Transgaz Surgut, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Transgaz Surgut; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Transgaz of the EAR.
Surgut'. d.1 ul.Universitetskaya,
Surgut, Khanty-Mansiski Avtonomny okrug--
Yugra a.o. 628406, Russia.
Gazprom Transgaz Tomsk, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Transgaz Tomsk; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Transgaz of the EAR.
Tomsk'. d.9 prospekt Frunze, Tomsk,
Tomskaya obl. 634029, Russia.
Gazprom Transgaz Ufa, OOO (f.k.a., For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
Obshchestvo S Ogranichennoi to the EAR when used EAR. 89 FR [INSERT FR PAGE
Otvetstvennostyu Bashtransgaz Otkrytogo in projects specified NUMBER AND June 18,
Aktsionernogo Obshchestva Gazprom), in Sec. 746.8(a)(4) 2024].
a.k.a., the following two aliases: of the EAR.
--Gazprom Transgaz Ufa; and
--Obshchestvo S Ogranichennoi
Otvetstvennostyu `Gazprom Transgaz Ufa'.
59 ul.Rikharda Zorge, Ufa, Bashkortostan
resp. 450054, Russia.
Gazprom Transgaz Ukhta, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Transgaz Ukhta; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Transgaz of the EAR.
Ukhta'. d.39/2 prospekt Lenina, Ukhta,
Komi resp 169312, Russia.
Gazprom Transgaz Volgograd, OOO, a.k.a., For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
the following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Transgaz Volgograd; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Transgaz of the EAR.
Volgograd'. 58 ul.Raboche-Krestyanskaya,
Volgograd, Volgogradskaya obl. 400074,
Russia.
Gazprom Transgaz Yugorsk, OOO (f.k.a., For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
Obshchestvo S Ogranichennoi to the EAR when used EAR. 89 FR [INSERT FR PAGE
Otvetstvennostyu Tyumentransgaz), in projects specified NUMBER AND June 18,
a.k.a., the following two aliases: in Sec. 746.8(a)(4) 2024].
--Gazprom Transgaz Yugorsk; and of the EAR.
--Obshchestvo S Ogranichennoi
Otvetstvennostyu `Gazprom Transgaz
Yugorsk'. d.15 ul.Mira, Yugorsk, Khanty-
Mansiski Avtonomny okrug, Yugra a.o.
628260, Russia.
Gazprom Tsentrremont, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Tsentrremont; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Gazprom Tsentrremont'. of the EAR.
d.1 ul.Moskovskaya, Shchelkovo,
Moskovskaya obl 141112, Russia.
Gazprom Vniigaz, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Gazprom Vniigaz; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu `Nauchno- of the EAR.
Issledovatelski Institut Prirodnykh
Gazov I Gazovykh Tekhnologi--Gazprom
Vniigaz'. P Razvilka, Leninski Raion,
Moskovskaya obl. 142717, Russia.
* * * * * *
Kaliningradnefteprodukt OOO, a.k.a., the For all items subject Presumption of denial......... 83 FR 6952, 2/16/18.
following three aliases: to the EAR when used 83 FR 12479, 3/22/18.
--Kaliningradnefteprodukt LLC; in projects specified 89 FR [INSERT FR PAGE
--Limited Liability Company in Sec. 746.8(a)(4) NUMBER AND June 18,
Kaliningradnefteproduct; and of the EAR. 2024].
--LLC Kaliningradnefteproduct
.........................................
22-b Komsomolskaya Ulitsa, Central
District, Kaliningrad, Russia.
* * * * * *
Kamchatgazprom, OAO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Kamchatgazprom; and in projects specified NUMBER AND June 18,
--Otkrytoe Aktsionernoe Obshchestvo in Sec. 746.8(a)(4) 2024].
'Kamchatgazprom'. d.19 ul.Pogranichnaya, of the EAR.
Petropavlovsk-Kamchatski, Kamchatski
krai 683032, Russia.
* * * * * *
Kinef OOO, a.k.a., the following three For all items subject Presumption of denial......... 83 FR 6952, 2/16/18.
aliases: to the EAR when used 83 FR 12479, 3/22/18.
--Kinef, LLC; in projects specified 89 FR [INSERT FR PAGE
--Limited Liability Company Production in Sec. 746.8(a)(4) NUMBER AND June 18,
Association Kirishinefteorgsintez; and of the EAR. 2024].
--LLC Kinef.
.........................................
d. 1 Shosse Entuziastov, Kirishi,
Leningradskaya Oblast 187110, Russia.
* * * * * *
[[Page 51659]]
Kirishiavtoservis OOO, a.k.a., the For all items subject Presumption of denial......... 83 FR 6952, 2/16/18.
following two aliases: to the EAR when used 83 FR 12479, 3/22/18.
--Limited Liability Company in projects specified 89 FR [INSERT FR PAGE
Kirishiavtoservis; and in Sec. 746.8(a)(4) NUMBER AND June 18,
--LLC Kirishiavtoservis. of the EAR. 2024].
.........................................
lit A, 12 Smolenskaya Ulitsa, St.
Petersburg 196084.
* * * * * *
Krasnoyarskgazprom, PAO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Krasnoyarskgazprom; and in projects specified NUMBER AND June 18,
--Publichnoe Aktsionernoe Obshchestvo in Sec. 746.8(a)(4) 2024].
'Krasnoyarskgazprom. d.1 pl.Akademika of the EAR.
Kurchatova, Moscow 123182, Russia.
* * * * * *
Lazurnaya, OOO, a.k.a., the following two For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Obshchestvo S Ogranichennoi in projects specified NUMBER AND June 18,
Otvetstvennostyu 'Lazurnaya'; and in Sec. 746.8(a)(4) 2024].
--``Lazurnaya''. d.103 prospekt Kurortny, of the EAR.
Sochi, Krasnodarski krai 354024, Russia.
Lengiproneftekhim OOO, a.k.a., the For all items subject Presumption of denial......... 83 FR 6952, 2/16/18.
following three aliases: to the EAR when used 83 FR 12479, 3/22/18.
--Institut Po Proektirovaniyu Predpriyaty in projects specified 89 FR [INSERT FR PAGE
Neftepererabatyvayuschey I in Sec. 746.8(a)(4) NUMBER AND June 18,
Neftekhimicheskoy Promyshlennosti, of the EAR. 2024].
Limited Liability Company;
--Limited Liability Company Oil Refining
and Petrochemical Facilities Design
Institute; and
--LLC Lengiproneftekhim.
.........................................
d. 94, Obvodnogo Kanala, nab, St.
Petersburg 196084, Russia.
* * * * * *
LLC Volgogradpromproyekt, a.k.a. the For all items subject Policy of denial for all items 89 FR [INSERT FR PAGE
following five aliases: to the EAR. (See Sec. subject to the EAR apart from NUMBER AND June 18,
--Obshchestvo S Ogranichennoi Sec. 734.9(g),\3\ food and medicine designated 2024].
Otvetstvennostyu 746.8(a)(3), and as EAR99, which will be
``Volgogradpromproekt''; 744.2l(b) of the EAR). reviewed on a case-by-case
--OOO Volgogradpromproyekt; basis. See Sec. Sec.
--OOO Volgogradpromproekt; 746.8(b) and 744.21(e).
--OOO VPP; and
--VPP.
47 Promyslovaya Street, Volgograd,
Volgograd Region, 400057, Russia.
Lukoil, OAO (a.k.a. Lukoil; a.k.a. Lukoil For all items subject See Sec. 746.8(b)(2) of the 79 FR 55612, 9/17/14.
Oil Company; a.k.a. Neftyanaya Kompaniya to the EAR when used EAR. 89 FR [INSERT FR PAGE
Lukoil OOO; a.k.a. NK Lukoil OAO) in projects specified NUMBER AND June 18,
......................................... in Sec. 746.8(a)(4) 2024].
Address: 11 Sretenski boulevard, Moscow of the EAR.
101000, Russia
* * * * * *
Media-Invest OOO, a.k.a., the following For all items subject Presumption of denial......... 83 FR 6952, 2/16/18.
two aliases: to the EAR when used 83 FR 12479, 3/22/18.
--Limited Liability Company Media-Invest; in projects specified 89 FR [INSERT FR PAGE
and in Sec. 746.8(a)(4) NUMBER AND June 18,
--LLC Media-Invest. of the EAR. 2024].
.........................................
17 Bld 1 Zubovsky Blvd, Moscow 119847,
Russia.
* * * * * *
Neft-Aktiv LLC, a.k.a., the following two For all items subject See Sec. 746.8(b)(2) of the 80 FR 52968, 9/2/15.
aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--OOO Neft in projects specified NUMBER AND June 18,
--Aktiv; and in Sec. 746.8(a)(4) 2024].
--RN-Aktiv OOO. Ulica Kaluzhskaya M., d., of the EAR.
15, str. 28, Moscow 119071, Russia.
* * * * * *
Niigazekonomika, OOO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Niigazeconomika; and in projects specified NUMBER AND June 18,
--Obshchestvo S Ogranichennoi in Sec. 746.8(a)(4) 2024].
Otvetstvennostyu 'Nauchnoissledovatelski of the EAR.
Institut Ekonomiki I Organizatsii
Upravleniya V Gazovoipromyshlennosti'.
d. 20 korp. 8 ul. Staraya Basmannaya,
Moscow 107066, Russia.
* * * * * *
Novgorodnefteprodukt OOO, a.k.a., the For all items subject Presumption of denial......... 83 FR 6952, 2/16/18.
following three aliases: to the EAR when used 83 FR 12479, 3/22/18.
--Limited Liability Company in projects specified 89 FR [INSERT FR PAGE
Novgorodnefteproduct; in Sec. 746.8(a)(4) NUMBER AND June 18,
--LLC Novgorodnefteproduct; and of the EAR. 2024].
--Novgorodnefteprodukt LLC.
.........................................
d. 20 Germana Ulitsa, Veliky Novgorod,
Novgorodskaya Oblast 173002, Russia.
* * * * * *
[[Page 51660]]
OJSC Achinsk Refinery, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 80 FR 52968, 9/2/15.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Achinsk Refinery; and in projects specified NUMBER AND June 18,
--OAO Achinsk Oil Refinery VNK. Achinsk in Sec. 746.8(a)(4) 2024].
Refinery industrial area, Bolsheuluisky of the EAR.
district, Krasnoyarsk territory 662110,
Russia.
OJSC Angarsk Petrochemical Company, For all items subject See Sec. 746.8(b)(2) of the 80 FR 52968, 9/2/15.
a.k.a., the following one alias: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Angarsk Refinery. Angarsk, Irkutsk in projects specified NUMBER AND June 18,
region 665830, Russia; and 6 ul. K. in Sec. 746.8(a)(4) 2024].
Marksa, Angarsk 665830, Russia. of the EAR.
OJSC Kuybyshev Refinery, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 80 FR 52968, 9/2/15.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Kuibyshev Refinery; and in projects specified NUMBER AND June 18,
--OJSC Kuibyshev Refinery. 25 in Sec. 746.8(a)(4) 2024].
Groznenskaya st., Samara 443004, Russia. of the EAR.
OJSC Novokuybyshev Refinery, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 80 FR 52968, 9/2/15.
following one alias: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Novokuibyshevsk Refinery. in projects specified NUMBER AND June 18,
Novokuibyshevsk, Samara region 446207, in Sec. 746.8(a)(4) 2024].
Russia. of the EAR.
OJSC Orenburgneft, a.k.a., the following For all items subject See Sec. 746.8(b)(2) of the 80 FR 52968, 9/2/15.
two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--OAO JSC Orenburgneft; and in projects specified NUMBER AND June 18,
--Orenburgneft. Magistralnaya St., 2, in Sec. 746.8(a)(4) 2024].
Buzuluk, the Orenburg Region 461040, of the EAR.
Russia; and st. Magistralynaya 2,
Buzuluk 461040, Russia.
* * * * * *
OJSC RN Holding, a.k.a., the following For all items subject See Sec. 746.8(b)(2) of the 80 FR 52968, 9/2/15.
one alias: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--RN Holding OAO. 60 Oktyabrskaya ul., in projects specified NUMBER AND June 18,
Uvat 626170, Russia. in Sec. 746.8(a)(4) 2024].
of the EAR.
OJSC Samotlorneftegaz, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 80 FR 52968, 9/2/15.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Samotlorneftegaz; and in projects specified NUMBER AND June 18,
--Samotlorneftegaz JSC. Lenina St. 4, the in Sec. 746.8(a)(4) 2024].
Tyumen Region, Khanty-Mansiysk, of the EAR.
Autonomous District, Nizhnevartovsk
628606, Russia.
* * * * * *
OJSC Syzran Refinery, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 80 FR 52968, 9/2/15.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Open Joint-Stock Oil and Gas Company in projects specified NUMBER AND June 18,
Syzran; and in Sec. 746.8(a)(4) 2024].
--Syzran Refinery. 1 Astrakhanskaya st., of the EAR.
Syzran, Samara region 446009, Russia;
and Moskvorechje street 105, Building 8,
Moscow 115523, Russia.
* * * * * *
PJSC Verkhnechonskneftegaz, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 80 FR 52968, 9/2/15.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--OJSC Verkhnechonskneftegaz; and in projects specified NUMBER AND June 18,
--Verkhnechonskneftegaz. Baikalskaya St., in Sec. 746.8(a)(4) 2024].
295 B, Irkutsk 664050, Russia. of the EAR.
* * * * * *
Pskovnefteprodukt OOO, a.k.a., the For all items subject Presumption of denial......... 83 FR 6952, 2/16/18.
following two aliases: to the EAR when used 83 FR 12479, 3/22/18.
--Limited Liability Company Marketing in projects specified 89 FR [INSERT FR PAGE
Association Pskovnefteproduct; and in Sec. 746.8(a)(4) NUMBER AND June 18,
--LLC Pskovnefteproduct. of the EAR. 2024].
.........................................
4 Oktyabrsky Prospekt, Pskov 180000,
Russia.
* * * * * *
RN-Komsomolsky Refinery LLC, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 80 FR 52968, 9/2/15.
following three aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Komsomolsk Refinery; in projects specified NUMBER AND June 18,
--LLC RN-Komsomolsk Refinery; and in Sec. 746.8(a)(4) 2024].
--RN-Komsomolski NPZ OOO. 115 of the EAR.
Leningradskaya st., Komsomolsk-on-Amur,
Khabarovsk region 681007, Russia.
RN-Yuganskneftegaz LLC, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 80 FR 52968, 9/2/15.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--RN-Yuganskneftegaz OOO; and in projects specified NUMBER AND June 18,
--Yuganskneftegaz. Lenina St., 26, in Sec. 746.8(a)(4) 2024].
Nefteyugansk, Tyumen Region, 628309, of the EAR.
Russia.
* * * * * *
Rosneft (a.k.a. Open Joint-Stock Company For all items subject See Sec. 746.8(b)(2) of the 79 FR 55612, 9/17/14.
Rosneft Oil Company; a.k.a. OAO Rosneft to the EAR when used EAR. 89 FR [INSERT FR PAGE
Oil Company; a.k.a. Oil Company Rosneft; in projects specified NUMBER AND June 18,
a.k.a. OJSC Rosneft Oil Company; a.k.a. in Sec. 746.8(a)(4) 2024].
Rosneft Oil Company) of the EAR.
.........................................
Address: 26/1, Sofiyskaya Embankment,
117997, Moscow, Russia
* * * * * *
SNGB AO, a.k.a., the following three For all items subject Presumption of denial......... 83 FR 6952, 2/16/18.
aliases: to the EAR when used 83 FR 12479, 3/22/18.
--Closed Joint Stock Company in projects specified 89 FR [INSERT FR PAGE
Surgutneftegasbank (ZAO SNGB); in Sec. 746.8(a)(4) NUMBER AND June 18,
--Joint Stock Company Surgutneftegasbank; of the EAR. 2024].
and
--JSC BANK SNGB.
.........................................
19 Kukuyvitskogo Street, Surgut 628400,
Russia.
[[Page 51661]]
SO Tvernefteprodukt OOO, a.k.a., the For all items subject Presumption of denial......... 83 FR 6952, 2/16/18.
following two aliases: to the EAR when used 83 FR 12479, 3/22/18.
--Limited Liability Company Marketing in projects specified 89 FR [INSERT FR PAGE
Association Tvernefteproduct; and in Sec. 746.8(a)(4) NUMBER AND June 18,
--LLC MA Tvernefteproduct. of the EAR.. 2024].
.........................................
6 Novotorzhskaya Ulitsa, Tver, Russia.
* * * * * *
Sovkhoz Chervishevski PAO, a.k.a., the For all items subject Presumption of denial......... 83 FR 6952, 2/16/18.
following three aliases: to the EAR when used 83 FR 12479, 3/22/18.
--OJSC Sovkhoz Chervishevsky; in projects specified 89 FR [INSERT FR PAGE
--Open Joint Stock Company Sovkhoz in Sec. 746.8(a)(4) NUMBER AND June 18,
Chervishevsky; and of the EAR. 2024].
--Sovkhoz Chervishevsky, JSC.
.........................................
d. 81 Sovetskaya Ulitsa, S.
Chervichevsky, Tyumensky Rayon,
Tyumensky Oblast 625519, Russia.
* * * * * *
Strakhovove Obshchestvo Surgutneftegaz For all items subject Presumption of denial......... 83 FR 6952, 2/16/18.
OOO, a.k.a., the following three to the EAR when used 83 FR 12479, 3/22/18.
aliases: in projects specified 89 FR [INSERT FR PAGE
--Insurance Company Surgutneftegas, LLC; in Sec. 746.8(a)(4) NUMBER AND June 18,
--Limited Liability Company Insurance of the EAR. 2024].
Company Surgutneftegas; and
--LLC Insurance Company Surgutneftegas.
.........................................
9/1 Lermontova Ulitsa, Surgut 628418,
Russia.
* * * * * *
Surgutmebel OOO, a.k.a., the following For all items subject Presumption of denial......... 83 FR 6952, 2/16/18.
four aliases: to the EAR when used 83 FR 12479, 3/22/18.
--Limited Liability Company Syrgutmebel; in projects specified 89 FR [INSERT FR PAGE
--LLC Surgutmebel; in Sec. 746.8(a)(4) NUMBER AND June 18,
--LLC Syrgutmebel; and of the EAR. 2024].
--Surgutmebel, LLC.
.........................................
Vostochnaya Industrial 1 Territory 2,
Poselok Barsovo, Surgutsky District,
Yugra, Khanty-Mansiysky Autonomos Okrug,
Russia.
Surgutneftegas (a.k.a. Open Joint Stock For all items subject See Sec. 746.8(b)(2) of the 79 FR 55612, 9/17/14.
Company Surgutneftegas; a.k.a. Otkrytoe to the EAR when used EAR. 89 FR [INSERT FR PAGE
Aktsionernoe Obshchestvo Surgutneftegaz; in projects specified NUMBER AND June 18,
a.k.a. Surgutneftegas OAO; a.k.a. in Sec. 746.8(a)(4) 2024].
Surgutneftegas OJSC; a.k.a. of the EAR.
Surgutneftegaz OAO)
.........................................
Address: ul. Grigoriya Kukuyevitskogo, 1,
bld. 1, Khanty-Mansiysky Autonomous
Okrug--Yugra, the city of Surgut,
Tyumenskaya Oblast 628415, Russia
Alt Address: korp. 1 1 Grigoriya
Kukuevitskogo ul., Surgut, Tyumenskaya
oblast 628404, Russia.
Alt Address: Street Kukuevitskogo 1,
Surgut, Tyumen Region 628415, Russia
* * * * * *
Vostokgazprom, OAO, a.k.a., the following For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Otkrytoe Aktsionernoe Obshchestvo in projects specified NUMBER AND June 18,
'Vostokgazprom'; and in Sec. 746.8(a)(4) 2024].
--Vostokgazprom. of the EAR.
.........................................
d.73 ul.Bolshaya Podgornaya, Tomsk,
Tomskaya obl. 634009, Russia.
* * * * * *
Yamalgazinvest, ZAO, a.k.a., the For all items subject See Sec. 746.8(b)(2) of the 81 FR 61601, 9/7/16.
following two aliases: to the EAR when used EAR. 89 FR [INSERT FR PAGE
--Yamalgazinvest; and in projects specified NUMBER AND June 18,
--Zakrytoe Aktsionernoe Obshchestvo in Sec. 746.8(a)(4) 2024].
'Yamalgazinvest'. d. 41 korp. 1 prospekt of the EAR.
Vernadskogo, Moscow 117415, Russia.
* * * * * *
Yuzhno-Kirinskoye Field, in the Sea of For all items subject Presumption of denial......... 80 FR 47404, 8/7/15.
Okhotsk. to the EAR. (See Sec. 89 FR [INSERT FR PAGE
746.8(a)(4) of the NUMBER AND June 18,
EAR). 2024].
* * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
SWITZERLAND................. * * * * * *
Rosneft Trading S.A., 2, Rue Place du For all items subject See Sec. 746.8(b)(2) of the 80 FR 52968, 9/2/15.
Lac, 1204, Geneva, Switzerland. to the EAR when used EAR. 89 FR [INSERT FR PAGE
in projects specified NUMBER AND June 18,
in Sec. 746.8(a)(4) 2024].
of the EAR.
* * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 51662]]
* * * * *
0
10. Supplement no. 5 is amended by revising the second paragraph to
read as follows:
Supplement No. 5 to Part 744--Procedures for End-User Review Committee
Entity List and `Military End User' (MEU) List Decisions
* * * * *
When determining to add an entry or modify an existing entry, to
the Entity List or MEU List, the ERC will also specify the section
or sections of the EAR that provide the basis for that
determination. All additions and modifications to the MEU List are
done pursuant to Sec. 744.21(b). The license requirements, the
license application review policy, or the availability of license
exceptions for entities or address entries on the MEU List are
specified in Sec. 744.21 under paragraphs (b) to [euro]. In
addition, for the Entity List, if the section or sections that form
the basis for an addition or modification do not specify the license
requirements, the license application review policy, or the
availability of license exceptions, the ERC will specify the license
requirements, the license application review policy and which
license exceptions (if any) will be available for shipments to that
entry.
* * * * *
PART 746--EMBARGOES AND OTHER SPECIAL CONTROLS
0
11. The authority citation for 15 CFR part 746 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. 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 8, 2024, 89 FR
40355 (May 9, 2024).
Sec. 746.5 [Removed and Reserved]
0
12. Remove and reserve Sec. 746.5.
0
13. Section 746.8 is revised to read as follows:
Sec. 746.8 Sanctions against Russia and Belarus.
(a) License requirements. Except as described in the exclusions in
paragraph (a)(12), and 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 as specified under
paragraphs (a)(1) through (7). These license requirements follow an
order of review, which provides guidance on the relationship between
the different license requirements and which ones take precedence for
certain items. For purposes of paragraphs (a)(5) through (7) of this
section, a license is not required for any item that is listed in
supplement nos. 4, 5 or 6 to this part that is also classified under an
Export Control Classification Number (ECCN) on the Commerce Control
List (CCL) in supplement no. 1 to part 774 of the EAR. See paragraph
(a)(1) of this section and part 742 for license requirements for
exports, reexports, and transfers to or within Russia or Belarus for
items classified in ECCNs, as well as part 744 for end-use and end-user
controls that may apply to your transaction. Paragraphs (a)(1) and (2)
of this section, are also used for determining license requirements for
exports, reexports, and transfers to or within Russia or Belarus of any
item that is listed in supplement nos. 4, 5, or 6 to this part and is
classified in an ECCN on the CCL in supplement no. 1 to part 774 of the
EAR. License requirements in paragraph (a)(4) that apply to exports,
reexports, and transfers (in-country) involved in certain end-uses
should be reviewed only after license requirements in paragraphs (a)(1)
through (a)(3) and (a)(5) through (a)(7) are reviewed.
(1) Items classified in any ECCN on the CCL. A license is required
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.
(2) Russia/Belarus/Temporarily occupied Crimea region of Ukraine
foreign ``direct product'' (FDP) rule. A license is required to
reexport, export from abroad, or transfer (in-country) to any
destination any foreign-produced item subject to the EAR under the
Russia/Belarus/Temporarily occupied Crimea region of Ukraine under the
FDP rule described in Sec. 734.9(f) of the EAR.
(3) Russia/Belarus-Military End User FDP rule. A license is
required to reexport, export from abroad, or transfer (in-country) to
or within any destination any foreign-produced item subject to the EAR
under Sec. 734.9(g) of the EAR.
Note 1 to paragraph (a)(3). A `military end user' for purposes
of this paragraph is any entity listed on the Entity List in
supplement no. 4 to part 744 of the EAR with a Footnote 3
designation.
(4) Oil and Gas. (i) Certain exploration or production of oil or
gas. 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) Additional prohibition on those informed by BIS. 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 this section in Russia or Belarus. Specific
notice is to be given only by, or at the direction of, the Principal
Deputy Assistant Secretary for Strategic Trade and Technology Security
or the Deputy Assistant Secretary for Strategic Trade. When such notice
is provided orally, it will be followed by a written notice within two
working days signed by either the Principal Deputy Assistant Secretary
for Strategic Trade and Technology Security or the Deputy Assistant
Secretary for Strategic Trade. However, the absence of any such
notification does not excuse persons from compliance with the license
requirements of this section.
(5) Industrial Goods. 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.
(6) Itemized Items. 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.
(7) `Luxury goods.' A license is required to export, reexport, or
transfer (in-country) any item subject to the EAR listed in supplement
no. 5 to this part to or within Russia or Belarus.
Note 2 to paragraph (a)(7): For purposes of paragraph (a)(7) of
this section, a `luxury
[[Page 51663]]
good' means any item that is identified in supplement no. 5 to this
part.
(8) through (11) [RESERVED]
(12) Exclusions from license requirements and scope of U.S.-origin
controlled content. Paragraphs (a)(12)(i), (ii), and (iii)(A) of this
section exclude certain exports, reexports, and transfers (in-country)
from the scope of the license requirements of this section. Paragraph
(a)(12)(iii)(B) excludes certain items from the scope of U.S.-origin
content for purposes of de minimis calculations from certain
destinations.
(i) Deemed exports and deemed reexports. The license requirements
in paragraph (a) do not apply to deemed exports or reexports. However,
the exclusion for deemed exports and deemed reexports is limited to the
license requirements specified only in this section of the EAR. 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 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 (b).
(ii) Mass market encryption commodities and software. Commodities
specified under ECCN 5A991, and commodities and software classified
under ECCNs 5A992.c or 5D992.c that have been `classified in accordance
with Sec. 740.17,' do not require a license to or within Russia or
Belarus for the following civil end-users:
(A) Wholly owned U.S. subsidiaries, branches, or sales offices;
(B) Joint ventures between two or more U.S. companies, including
the wholly owned subsidiaries, branches, or sales offices of such joint
ventures;
(C) Joint ventures between U.S. companies and companies
headquartered in countries from Country Group A:5 and A:6 in supplement
no. 1 to part 740 of the EAR, including the wholly owned subsidiaries,
branches, or sales offices of such joint ventures;
(D) 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
(E) Joint ventures between two or more companies headquartered in
Country Group A:5 and A:6 in supplement no. 1 to part 740, including
the wholly owned subsidiaries, branches, or sales offices of such joint
ventures.
(iii) Global Export Control Coalition (GECC). The countries listed
in supplement no. 3 to this part have committed to implementing
substantially similar export controls on Russia, Belarus, and the
temporarily occupied Crimea region of Ukraine under their domestic
laws. Therefore, exports or reexports from the countries listed in
supplement no. 3 to this part or transfers (in-country) within the
countries listed in this supplement are not subject to the following
license requirements in paragraph (a) of this section unless a limit to
the exclusion is described in the Scope column in supplement no. 3 to
this part:
(A) Foreign direct product rules. The license requirement described
in paragraphs (a)(2) and (3) of this section;
(B) De minimis. For purposes of determining U.S.-origin controlled
content under supplement no. 2 to part 734 of the EAR, when making a de
minimis calculation for reexports and exports from abroad to Russia or
Belarus, the license requirements in paragraphs (a)(1) and (a)(4)
through (7) of this section are not used to determine controlled U.S.-
origin content in a foreign-made item, provided the criteria of
paragraphs (a)(12)(B)(1) and (2) of this section are met:
(1) The U.S.-origin content is described in an Anti-Terrorism (AT)-
only ECCN or is designated EAR99. For purposes of this paragraph, AT-
only items mean any ECCN that only specifies either only AT in the
reason for control paragraph of the ECCN or is classified under ECCN
9A991; and
(2) The foreign made item will be reexported or exported from
abroad from a destination described in supplement no. 3 to this part.
(b) Licensing policy. (1) License applications required under
paragraph (a)(3) of this section will be reviewed under a policy of
denial in all cases.
(2) Applications for the export, reexport, or transfer (in-country)
of any item pursuant to paragraph (a)(4) of this section that require 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.
(3) Applications for the export, reexport, or transfer (in-country)
of any item pursuant to paragraphs (a)(1), (2), and (5) through (7) of
this section will be reviewed under a policy of denial. However, the
following types of license applications submitted pursuant to
paragraphs (a)(1), (2), and (5) through (7) 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:
(i) Applications for export, reexport, or transfer (in-country) of
items that may be necessary for health and safety reasons, including
the safety of flight, maritime safety, and civil nuclear safety;
(ii) Applications for the disposition of items by companies not
headquartered in Country Group D:1, D:5, E:1, or E:2 in supplement no.
1 to part 740 that are winding down or closing all operations in Russia
or Belarus;
(iii) Applications for items that meet humanitarian needs,
including applications for items that are predominantly agricultural or
medical in nature;
(iv) Applications for government-to-government activities or to
support government space cooperation;
(v) Replacement licenses for exports and reexports to and transfers
within Russia and Belarus of items described in HTS-6 Codes or items
described in supplement no. 6 to part 746 that were added to the EAR
and made subject to license requirements after the validation date of
the BIS license.
(vi) Applications for items destined to:
(A) Wholly owned U.S. subsidiaries, branches, or sales offices;
(B) Foreign subsidiaries, branches, or sales offices of U.S.
companies that are joint ventures with other U.S. companies;
(C) 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;
(D) 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
(E) 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; and
(vii) Applications for companies headquartered in Country Groups
A:5 and A:6 to support civil telecommunications infrastructure.
Note 3 to paragraph (b): See also Sec. 750.7(c)(1)(xi) of the
EAR for the divesture of items within Russia or Belarus or the
transfer of items within Russia or Belarus for
[[Page 51664]]
the purpose of reexporting such items from Russia or Belarus. For
purposes of Sec. 750.7(c)(1)(xi), divesture means the action or
process of selling off subsidiary business interests or investments
involving items subject to the EAR.
(c) License exceptions. Consistent with Sec. 740.2(b), BIS may
revise, suspend, or revoke License Exception availability under this
section consistent with U.S. national security and foreign policy
interests, including on a case-by-case basis, to prevent Russian or
Belarusian persons from circumventing the restrictions in this section.
(1) No license exceptions may overcome the license requirements in
paragraph (a)(3) of this section, except as specified in the entry for
a Footnote 3 entity on the Entity List in supplement no. 4 to part 744
of the EAR.
(2) No license exceptions may overcome the license requirements in
paragraphs (a)(1), (2), and (4) through (7) of this section except the
following:
(i) License Exception TMP for items for use by the news media as
set forth in Sec. 740.9(a)(9) of the EAR may overcome the license
requirements in paragraphs (a)(1), (2), (7) of this section.
(ii) License Exception GOV (Sec. 740.11(b) of the EAR) may
overcome the license requirements in paragraphs (a)(1), (2), and (4)
through (7) of this section.
(iii) 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. 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) may overcome the license requirements in paragraphs (a)(1), (2),
and (7) of this section.
(iv) License Exception BAG, excluding firearms and ammunition
(Sec. 740.14, excluding paragraph (e), of the EAR) may overcome the
license requirements in paragraphs (a)(1) and (2) of this section.
(v) License Exception AVS, excluding any aircraft registered in,
owned or controlled by, or under charter or lease by Russia or Belarus
or a national of Russia or Belarus (Sec. 740.15(a) and (b) of the EAR)
may overcome the license requirements in paragraphs (a)(1) and (2) of
this section.
(vi) License Exception encryption commodities, software, and
technology (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. Sec. 740.13(c) and 740.17 of the EAR) may overcome the
license requirements is paragraphs (a)(1) and (2) of this section.
(vii) License Exception CCD (Sec. 740.19 of the EAR) may overcome
the license requirements in paragraphs (a)(1), (2), and (4) through (7)
of this section.
(viii) License Exception MED (Sec. 740.23 of the EAR) may overcome
the license requirements in paragraphs (a)(5) through (7) of this
section.
(d) License Applications. License applications submitted to BIS
under this section may include the phrase ``Sec. 746.8'' and identify
the paragraph (a) license requirement(s) from this section that are
applicable. You should include a description such as ``paragraph (a)(1)
or any of the other paragraph (a) paragraphs that may be applicable to
a license application'' in Block 9 (Special Purpose) of your license
application as described in supplement no. 1 to part 748 of the EAR.
0
14. Effective September 16, 2024, amend Sec. 746.8 by:
0
a. In paragraph (a) introductory text first and last sentences;
0
b. Adding paragraph (a)(8);
0
c. Revising paragraph (a)(12)(ii) introductory text;
0
d. Adding paragraph (a)(12)(iv);
0
e. Revising paragraph (b)(3) introductory text; and
0
f. Revising paragraph (c)(1).
The addition and revisions read as follows:
Sec. 746.8 Sanctions against Russia and Belarus.
(a) License requirements. Except as described in the exclusions in
paragraph (a)(12), and 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 as specified under
paragraphs (a)(1) through (8) of this section. * * * License
requirements in paragraph (a)(4) of this section that apply to exports,
reexports, and transfers (in-country) involved in certain end-uses
should be reviewed only after license requirements in paragraphs (a)(1)
through (3) and (5) through (8) of this section are reviewed.
* * * * *
(8) EAR99 designated software. (i) A license is required to export,
reexport, or transfer (in-country) to or within Russia or Belarus any
``software'' subject to the EAR and described in paragraph (a)(8)(ii)
of this section.
(ii) The following types of software subject to the EAR are in the
scope of paragraph (a)(8): Enterprise resource planning (ERP); customer
relationship management (CRM); business intelligence (BI); supply chain
management (SCM); enterprise data warehouse (EDW); computerized
maintenance management system (CMMS); project management software,
product lifecycle management (PLM); building information modelling
(BIM); computer aided design (CAD); computer-aided manufacturing (CAM);
and engineering to order (ETO). The scope of paragraph (a)(8) also
includes software updates of software identified in this paragraph that
are subject to the EAR and designated as EAR99.
* * * * *
(12) * * *
(ii) Mass market encryption commodities and software, and software
designated EAR99. Commodities specified under ECCN 5A991, and
commodities and software classified under ECCNs 5A992.c or 5D992.c that
have been `classified in accordance with Sec. 740.17,' as well as
software designated EAR99 and identified in paragraph (a)(8)(ii) of
this section do not require a license to export, reexport, or transfer
(in-country) to or within Russia or Belarus for the following civil
end-users:
* * * * *
(iv) Software designated EAR99. Software that is subject to the EAR
and designated EAR99 is excluded from the license requirement in
paragraph (a)(8) when destined to entities engaged exclusively in the
agriculture or medical industries.
(b) * * *
(3) Applications for the export, reexport, or transfer (in-country)
of any item pursuant to paragraphs (a)(1), (2),
[[Page 51665]]
and (a)(5) through (8) of this section will be reviewed under a policy
of denial. However, the following types of license applications
submitted pursuant to paragraphs (a)(1), (2), and (4) through (8) 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:
* * * * *
(c) * * *
(1) No license exceptions may overcome the license requirements in
paragraph (a)(3) of this section, except as specified in the entry for
a Footnote 3 entity on the Entity List in supplement no. 4 to part 744
of the EAR, or in paragraph (a)(8) of this section.
* * * * *
Sec. 746.10 [Removed and reserved]
0
15. Remove and reserve Sec. 746.10.
0
16. Supplement no. 2 to part 746 is amended by revising the heading,
paragraph (a) and first sentence of paragraph (b) to read as follows:
Supplement No. 2 to Part 746--Russian and Belarusian Industry Sector
Sanction List Pursuant to Sec. 746.8(a)(4)
(a) The source for the Harmonized Tariff Schedule (HTS)-6 codes
and descriptions in this list comes from the United States
International Trade Commission (USITC's) Harmonized Tariff Schedule
of the United States (2023). The items described in supplement no. 2
to part 746 include any modified or designed ``components,''
``parts,'' ``accessories,'' and ``attachments'' therefor regardless
of the 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, spacer, insulator,
grommet, bushing, spring, wire, or solder. The exclusion of
fasteners from this control does not apply to fasteners that are
designated under an HTS Code under this supplement. Although
generally fasteners (e.g., screws, bolts, nuts, nut plates, studs,
inserts, clips, rivets, pins), and washers, spacers, insulator,
grommets, bushings, springs, wires, and solders are excluded from
the scope of this supplement, certain part 744 license requirements
for Russia and Belarus extend to all items ``subject to the EAR,''
and would therefore not exclude these items from the license
requirements under that part (e.g., Sec. 744.21 of the EAR and the
Entity List license requirements, which in most cases extend to all
items ``subject to the EAR''). This supplement includes two columns
consisting of the HTS Codes and HTS Descriptions to assist
exporters, reexporters, and transferors in identifying the products
in this supplement. For information on HTS codes in general, you may
contact a local import specialist at U.S. Customs and Border
Protection at the nearest port. HTS-6 codes 730424, 731100, 761300,
841350, 841360, 841382, 841392, 842139, 843049, 843139, 843143,
847989, and 870520 are 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. 746.8(a)(4)
and (5) as applicable.
(b) The items identified in the HTS-6 Code column of this
supplement are subject to the license requirement under Sec.
746.8(a)(4). The other column--HTS Description--is intended to
assist exporters with their Automated Export System (AES) filing
responsibilities. * * *
* * * * *
0
17. Supplement no. 3 to part 746 is amended by revising the first
sentence of the introductory text to read as follows:
Supplement No. 3 to Part 746--Countries Excluded From Certain License
Requirements of Sec. Sec. 746.6, 746.7, and 746.8
Countries listed in this supplement have committed to
implementing substantially similar export controls on Russia and
Belarus under their domestic laws and are consequently excluded from
certain requirements in Sec. Sec. 746.6 and 746.8 of the EAR, as
described in Sec. Sec. 746.6(a)(4) and 746.8(a)(12)(iii). * * *
* * * * *
0
18. Supplement no. 4 to part 746 is amended by:
0
a. Revising the heading, paragraphs (a) and (b); and
0
b. Adding in numerical order the following entries to the table:
``250200,'' ``250300,'' ``250410,'' ``250490,'' ``250510,'' ``250590,''
``250610,'' ``250620,'' ``250700,'' ``251110,'' ``251120,'' ``251310,''
``251320,'' ``251400,'' ``251611,'' ``251612,'' ``251620,'' ``251690,''
``251710,'' ``251720,'' ``251730,'' ``251741,'' ``251749,'' ``251810,''
``251990,'' ``252020,'' ``252310,'' ``252321,'' ``252329,'' ``252330,''
``252390,'' ``252410,'' ``252490,'' ``252800,'' ``252910,'' ``252921,''
``252922,'' ``252930,'' ``253010,'' ``253090,'' ``260111,'' ``260112,''
``260120,'' ``260200,'' ``260300,'' ``260400,'' ``260500,'' ``260600,''
``260700,'' ``260800,'' ``260900,'' ``261000,'' ``261100,'' ``261220,''
``261310,'' ``261390,'' ``261400,'' ``261510,'' ``261590,'' ``261610,''
``261690,'' ``261710,'' ``261790,'' ``261800,'' ``261900,'' ``262011,''
``262019,'' ``262021,'' ``262029,'' ``262030,'' ``262040,'' ``262060,''
``262091,'' ``262099,'' ``262110,'' ``262190,'' ``270500,'' ``270600,''
``270710,'' ``270740,'' ``270750,'' ``270791,'' ``270799,'' ``270810,''
``270900,'' ``271012,'' ``271020,'' ``271091,'' ``271099,'' ``271111,''
``271112,'' ``271113,'' ``271114,'' ``271119,'' ``271121,'' ``271129,''
``271220,'' ``271311,'' ``271312,'' ``271320,'' ``271390,'' ``271410,''
``271490,'' ``720110,'' ``720120,'' ``720150,'' ``720211,'' ``720219,''
``720221,'' ``720229,'' ``720230,'' ``720241,'' ``720249,'' ``720250,''
``720260,'' ``720270,'' ``720280,'' ``720291,'' ``720293,'' ``720299,''
``720310,'' ``720390,'' ``720410,'' ``720421,'' ``720429,'' ``720430,''
``720441,'' ``720449,'' ``720450,'' ``720510,'' ``720521,'' ``720529,''
``720610,'' ``720690,'' ``721410,'' ``721420,'' ``721430,'' ``721491,''
``721499,'' ``721510,'' ``721590,'' ``721710,'' ``721720,'' ``721730,''
``721790,'' ``722100,'' ``722211,'' ``722219,'' ``722220,'' ``722240,''
``722300,'' ``722710,'' ``722720,'' ``722790,'' ``722920,'' ``730110,''
``730210,'' ``730230,'' ``730240,'' ``730290,'' ``730300,'' ``730431,''
``730439,'' ``730441,'' ``730449,'' ``730451,'' ``730459,'' ``730490,''
``730531,'' ``730590,'' ``730621,'' ``730629,'' ``730630,'' ``730640,''
``730661,'' ``730669,'' ``730690,'' ``730711,'' ``730719,'' ``730721,''
``730723,'' ``730729,'' ``730791,'' ``730792,'' ``730793,'' ``730799,''
``731210,'' ``731290,'' ``731300,'' ``731414,'' ``731419,'' ``731420,''
``731431,'' ``731439,'' ``731441,'' ``731442,'' ``731449,'' ``731450,''
``731511,'' ``731512,'' ``731519,'' ``731520,'' ``731581,'' ``731582,''
``731589,'' “731590,'' ``731600,'' ``731700,'' ``731811,''
``731812,'' ``731813,'' ``731814,'' ``731815,'' ``731816,'' ``731819,''
``731821,'' ``731822,'' ``731823,'' ``731829,'' ``731940,'' ``731990,''
``732010,'' ``732090,'' ``732111,'' ``732112,'' ``732119,'' ``732181,''
``732182,'' ``732189,'' ``732190,'' ``732211,'' ``732219,'' ``732310,''
``732391,'' ``732392,'' ``732393,'' ``732394,'' ``732399,'' ``732410,''
``732421,'' ``732490,'' ``732510,'' ``732591,'' ``732599,'' ``732611,''
``732619,'' ``732620,'' ``740100,'' ``740200,'' ``740311,'' ``740312,''
``740313,'' ``740319,'' ``740321,'' ``740322,'' ``740329,'' ``740400,''
``740500,'' ``740610,'' ``740620,'' ``741011,'' ``741012,'' ``741021,''
``741022,'' ``741110,'' ``741121,'' ``741122,'' ``741210,'' ``741220,''
``741300,'' ``741510,'' ``741529,'' ``741533,'' ``741539,'' ``741810,''
``741820,'' ``741920,'' ``741980,'' ``750110,'' ``750120,'' ``750210,''
``750220,'' ``750300,'' ``750400,'' ``760110,'' ``760120,'' ``760200,''
``760310,'' ``760320,'' ``760410,'' ``760421,'' ``760429,'' ``760611,''
``760612,'' ``760691,'' ``760711,'' ``760719,'' ``760810,''
[[Page 51666]]
``760820,'' ``760900,'' ``761410,'' ``761490,'' ``761510,'' ``761520,''
``761691,'' ``761699,'' ``780110,'' ``780191,'' ``780199,'' ``780200,''
``780600,'' ``790111,'' ``790112,'' ``790120,'' ``790200,'' ``790310,''
``790390,'' ``790400,'' ``790700,'' ``800200,'' ``810194,'' ``810196,''
``810197,'' ``810199,'' ``810320,'' ``810330,'' ``810391,'' ``810399,''
``810411,'' ``810419,'' ``810420,'' ``810430,'' ``810490,'' ``810520,''
``810530,'' ``810610,'' ``810690,'' ``810820,'' ``810830,'' ``810890,''
``811010,'' ``811020,'' ``811090,'' ``811100,'' ``811212,'' ``811213,''
``811219,'' ``811221,'' ``811222,'' ``811229,'' ``811231,'' ``811239,''
``811251,'' ``811252,'' ``811259,'' ``811261,'' ``811269,'' ``811292,''
``811299,'' ``811300,'' ``820110,'' ``820130,'' ``820140,'' ``820150,''
``820160,'' ``820190,'' ``820210,'' ``820231,'' ``820239,'' ``820240,''
``820291,'' ``820299,'' ``820310,'' ``820320,'' ``820330,'' ``820340,''
``820412,'' ``820420,'' ``820510,'' ``820520,'' ``820530,'' ``820540,''
``820551,'' ``820560,'' ``820570,'' ``820590,'' ``820600,'' ``820720,''
``820730,'' ``820740,'' ``820750,'' ``820770,'' ``820780,'' ``820900,''
``821000,'' ``821110,'' ``821191,'' ``821192,'' ``821193,'' ``821194,''
``821195,'' ``821210,'' ``821220,'' ``821290,'' ``821300,'' ``821410,''
``821420,'' ``821490,'' ``821510,'' ``821520,'' ``821591,'' ``821599,''
``830110,'' “830130,'' ``830140,'' ``830150,'' ``830160,''
``830210,'' ``830220,'' ``830241,'' ``830242,'' ``830249,'' ``830250,''
``830260,'' ``830300,'' ``830400,'' ``830510,'' ``830520,'' ``830590,''
``830610,'' ``830630,'' ``830810,'' ``830820,'' ``830890,'' ``831000,''
``831110,'' ``831120,'' ``831130,'' ``831190,'' ``860120,'' ``860310,''
``860390,'' ``860500,'' ``860711,'' ``860712,'' ``860719,'' ``860721,''
``860729,'' ``860730,'' ``860791,'' ``860799,'' ``860800,'' ``860900,''
``870110,'' ``870129,'' ``870191,'' ``870192,'' ``870193,'' ``870194,''
``870195,'' ``870210,'' ``870220,'' ``870230,'' ``870240,'' ``870290,''
``870790,'' ``870810,'' ``870821,'' ``870822,'' ``870829,'' ``870830,''
``870840,'' ``870850,'' ``870870,'' ``870880,'' ``870891,'' ``870892,''
``870893,'' ``870894,'' ``870895,'' ``870919,'' ``871000,'' ``871110,''
``871200,'' ``871491,'' ``871492,'' ``871493,'' ``871494,'' ``871495,''
``871496,'' ``871499,'' ``871610,'' ``871631,'' ``871640,'' ``871680,''
``890120,'' ``890130,'' ``890190,'' ``890200,'' ``890400,'' ``890510,''
``890610,'' ``890690,'' ``890710,'' ``890790,'' ``890800,'' ``930200,''
``930310,'' ``930320,'' ``930330,'' ``930390,'' ``930400,'' ``930510,''
``930520,'' ``930599,'' ``930621,'' ``930629,'' ``930630,'' ``930690,''
``930700,'' ``960350,'' and ``960390.''
The revisions and additions read as follows:
Supplement No. 4 to Part 746--Russian and Belarusian Industry Sector
Sanctions Pursuant to Sec. 746.8(a)(5)
(a) The source for the Harmonized Tariff Schedule (HTS)-6 codes
and descriptions in this list is the United States International
Trade Commission (USITC)'s Harmonized Tariff Schedule of the United
States (2023). The items described in supplement no. 4 to part 746
include any modified or designed ``components,'' ``parts,''
``accessories,'' and ``attachments'' therefor regardless of the 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, spacer, insulator,
grommet, bushing, spring, wire, or solder. The exclusion of
fasteners from this control does not apply to fasteners that are
designated under an HTS Code under this supplement. Although
generally fasteners (e.g., screws, bolts, nuts, nut plates, studs,
inserts, clips, rivets, pins), and washers, spacers, insulators,
grommets, bushings, springs, wires, and solders are excluded from
the scope of this supplement, certain part 744 license requirements
for Russia and Belarus apply to all items ``subject to the EAR,''
and would therefore not exclude these items from the license
requirements under that part (e.g., Sec. 744.21 and the Entity List
license requirements, which in most cases apply to all items
``subject to the EAR.''). This supplement includes two columns
consisting of the HTS Codes and HTS Descriptions to assist
exporters, reexporters, and transferors in identifying the products
in this supplement. For information on HTS codes in general, you may
contact a local import specialist at U.S. Customs and Border
Protection at the nearest port. HTS-6 codes 730424, 731100, 761300,
841350, 841360, 841382, 841392, 842139, 843049, 843139, 843143,
847989, and 870520 are listed in both this supplement and supplement
no. 2 to this part, so exporters, reexporters, and transferors must
comply with the license requirements under both Sec. 746.8(a)(4)
and (5) as applicable. HTS-6 Codes 590500, 840710, 840721, 840729,
840731, 840732, 840733, 840734, 840790, 840810, 840820, 840890,
840910, 840991, 840999, 841111, 841112, 841121, 841122, 841181,
841182, 841191, 841199, 841229, 841290, 841451, 841459, 841460,
841510, 841810, 841821, 841829, 841830, 841840, 841981, 842211,
842310, 842860, 843139, 844312, 844331, 844332, 844339, 845011,
845012, 845019, 845121, 845210, 847010, 847021, 847029, 847030,
847130, 847141, 847149, 847150, 847160, 847170, 847180, 847190,
847290, 847960, 848310, 848320, 848330, 848340, 848350, 848360,
848390, 850811, 850819, 850860, 850980, 851110, 851120, 851130,
851140, 851150, 851180, 851190, 851220, 851230, 851240, 851631,
851650, 851660, 851671, 851672, 851679, 851711, 851713, 851718,
851761, 851762, 851769, 851920, 851930, 851981, 851989, 852110,
852190, 852691, 852712, 852713, 852719, 852721, 852729, 852791,
852792, 852799, 852871, 852872, 852910, 853110, 854370, 854430,
870310, 870321, 870322, 870323, 870324, 870331, 870332, 870333,
870340, 870350, 870360, 870370, 870380, 870390, and 902000 are
listed in both this supplement and supplement no. 5 to this part, so
exporters, reexporters, and transferors must comply with the license
requirements under both Sec. Sec. 746.8(a)(5) and (7) as
applicable.
(b) The items identified in the HTS-6 Code column of this
supplement are subject to the license requirement under Sec.
746.8(a)(5). The other column--HTS Description--is intended to
assist exporters with their AES filing responsibilities. The license
requirements extend to HTS Codes at the 8 and 10 digit level (HTS-8
and HTS-10 codes, respectively) when such longer HTS Codes begin
with the HTS-6 Codes as their first 6 numbers. When a description
mentions parts related to one or more numerical headings, this means
parts related to any HS codes that begin with the digits in the
range specified. For example, `headings 8524 to 8528' means any HS
code, HTS code, or Schedule B which has 8524, 8525, 8526, 8527, or
8528 as the first four digits.
------------------------------------------------------------------------
HTS-6 code HTS description
------------------------------------------------------------------------
250200................... UNROASTED IRON PYRITES.
250300................... SULFUR OF ALL KINDS, OTHER THAN SUBLIMED
SULFUR, PRECIPITATED SULFUR AND COLLOIDAL
SULFUR.
250410................... NATURAL GRAPHITE, IN POWDER OR IN FLAKES.
250490................... NATURAL GRAPHITE, EXCEPT POWDER OR FLAKES.
250510................... SILICA SANDS AND QUARTZ SANDS, NATURAL.
250590................... SANDS, NATURAL, EXCEPT METAL BEARING OR
SILICA OR QUARTZ SANDS.
250610................... QUARTZ (OTHER THAN NATURAL SANDS).
250620................... QUARTZITE.
250700................... KAOLIN AND OTHER KAOLINIC CLAYS, WHETHER OR
NOT CALCINED.
[[Page 51667]]
* * * * * * *
251110................... NATURAL BARIUM SULFATE (BARYTES).
251120................... NATURAL BARIUM CARBONATE (WITHERITE).
* * * * * * *
251310................... PUMICE STONE.
251320................... EMERY, NATURAL CORUNDUM, NATURAL GARNET AND
OTHER NATURAL ABRASIVES.
251400................... SLATE, WHETHER OR NOT ROUGHLY TRIMMED OR
[…truncated; see source link]Indexed from Federal Register on June 18, 2024.
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.