Rule2024-25445
Implementation of Additional Export Controls Against Russia and Belarus Under the Export Administration Regulations (EAR); and Clarifications
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 1, 2024
Effective
November 1, 2024
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
In this final rule, the Bureau of Industry and Security (BIS) makes changes to the export controls against Russia and Belarus under the Export Administration Regulations (EAR). This final rule expands the scope of the Russian and Belarusian Industry Sector Sanctions by imposing controls on nine key precursors for riot control agents and a chemical weapon that Russia has deployed against Ukraine in violation of the Chemical Weapons Convention (CWC). This final rule also makes adjustments to exclusions, exceptions, and licensing policy for exports, reexports, or transfers (in-country) to certain components of the governments of Country Group A:5 and A:6 destinations that are in Russia and Belarus. Lastly, this final rule clarifies that the Russia/ Belarus-Military End User and Procurement Foreign-Direct Product (FDP) rule and the EAR's other Entity List FDP rules' license requirements extend to or within any destination or to any end user or party that otherwise meets the criteria. This final rule is being published concurrently with a BIS final rule, "Additions and Revisions of Entities to the Entity List" (RIN 0694-AJ94), which includes additional changes related to export controls related to Russia and Belarus.
Full Text
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[Federal Register Volume 89, Number 212 (Friday, November 1, 2024)]
[Rules and Regulations]
[Pages 87279-87282]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25445]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 744 and 746
[Docket No. 241028-0281]
RIN 0694-AJ93
Implementation of Additional Export Controls Against Russia and
Belarus Under the Export Administration Regulations (EAR); and
Clarifications
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 export controls against Russia and Belarus under
the Export Administration Regulations (EAR). This final rule expands
the scope of the Russian and Belarusian Industry Sector Sanctions by
imposing controls on nine key precursors for riot control agents and a
chemical weapon that Russia has deployed against Ukraine in violation
of the Chemical Weapons Convention (CWC). This final rule also makes
adjustments to exclusions, exceptions, and licensing policy for
exports, reexports, or transfers (in-country) to certain components of
the governments of Country Group A:5 and A:6 destinations that are in
Russia and Belarus. Lastly, this final rule clarifies that the Russia/
Belarus-Military End User and Procurement Foreign-Direct Product (FDP)
rule and the EAR's other Entity List FDP rules' license requirements
extend to or within any destination or to any end user or party that
otherwise meets the criteria. This final rule is being published
concurrently with a BIS final rule, ``Additions and Revisions of
Entities to the Entity List'' (RIN 0694-AJ94), which includes
additional changes related to export controls related to Russia and
Belarus.
DATES: This rule is effective November 1, 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#54233d38383d35397a33263d32323d3a14363d277a303b377a333b22"><span class="__cf_email__" data-cfemail="3047595c5c59515d1e5742595656595e705259431e545f531e575f46">[email protected]</span></a>.
For questions on the Entity List changes in this final rule,
contact the 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#befbecfdfedcd7cd90dad1dd90d9d1c8"><span class="__cf_email__" data-cfemail="e8adbaaba88a819bc68c878bc68f879e">[email protected]</span></a>.
For emails, include ``Russia and Belarus, October 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 export controls 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 export controls on Belarus under
the EAR in a final rule, ``Implementation of Sanctions Against
Belarus'' (``Belarus Sanctions Rule'') (87 FR 13048, March 6, 2022).
Since March 2022, BIS has published numerous 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
BIS is amending the EAR (15 CFR parts 730-744) to strengthen export
controls against Russia and Belarus by expanding the scope of the
Russian and Belarusian Industry Sector Sanctions and clarify the
applicability of the Entity List FDP rules. BIS in this final rule is
also making adjustments to exclusions, exceptions, and licensing policy
for exports, reexports, or transfers (in-country) of items for the
official business of diplomatic or consular missions of the governments
of Country Group A:5 and A:6 destinations that are located in Russia
and Belarus.
The Export Control Reform Act (ECRA) provides the legal basis for
BIS's principal authorities and serves as the authority under which BIS
issues this rule.
The three sets of changes this final rule makes are described in
section II as follows:
A. Additions to supplement no. 6 to part 746 to control nine key
precursors for riot control agents and a chemical weapon that Russia
has deployed against Ukraine;
B. Changes related to governments of Country Group A:5 and A:6
destinations for certain exclusions, license exception eligibility, and
licensing policy; and
C. Clarifying that the Entity List FDP rules' license requirement
extends to or within any destination or to any end user or party that
otherwise meets the criteria.
II. Amendments to the EAR
A. Additions to Supplement No. 6 to Part 746 To Control Key Precursors
for Riot Control Agents and a Chemical Weapon That Russia Has Deployed
Against Ukraine
The U.S. Department of Commerce is expanding controls under the EAR
to include certain chemical precursors that are essential for the
``production'' of chemical riot control agents (RCAs) and chloropicrin
that Russia has deployed against Ukraine in violation of the Chemical
Weapons Convention (CWC). These new regulatory restrictions, which are
specific to Russia and Belarus, aim to limit the use of these chemical
precursors in the context of the war in Ukraine.
RCAs such as tear gas and other crowd dispersal chemicals have the
potential for misuse in the context of armed conflict. While RCAs are
commonly used by law enforcement, their use as a method of warfare is
prohibited by Article I of the CWC. Chloropicrin is a toxic chemical
included on Schedule 3 of the CWC's Annex on Chemicals. Its use against
Ukrainian armed forces constitutes use of a chemical weapon and is also
prohibited under Article I of the CWC.
On April 4, 2024, the Department of State published its annual
report to Congress on Compliance with the Chemical Weapons Convention
(CWC), which stated that Russia had used RCAs as a method of warfare
against Ukrainian forces in violation of the CWC. This report concluded
that ``the United States assesses that Russia has repeatedly used RCAs
as a method of warfare across the frontlines in Ukraine.'' On May 1,
2024, the Department of State announced that it had made a
determination pursuant to the Chemical and Biological Weapons Control
and Warfare Elimination Act of 1991 (CBW Act of 1991) (22 U.S.C. 5604-
5605) that Russia had used chloropicrin against Ukrainian troops in
violation of the CWC (see May 1, 2024 State Dept. Fact Sheet (Imposing
New Measures on Russia for its Full-Scale War and Use of Chemical
Weapons Against Ukraine)). On June 7, 2024, in connection with this
determination under the CBW Act of 1991, the Acting
[[Page 87280]]
Under Secretary of State for Political Affairs imposed restrictions on
Russia, including on arms sales and related financing. The Federal
Register Notice announcing these restrictions made reference to the
export controls that Commerce maintains on Russia under parts 744 and
746 (see 89 FR 48701, June 7, 2024).
Russia's use of RCAs as a method of warfare and its use of
chloropicrin as a chemical weapon during its war of aggression in
Ukraine raise concerns about Russia's further production and
weaponization of these chemicals. Controlling the export of key
chemical precursors, therefore, represents a critical step toward
preventing the misuse of these chemicals in furtherance of Russia's
military efforts.
This final rule builds upon a BIS final rule that imposed controls
on two precursors of chloropicrin, nitromethane and picric acid, as
part of a set of restrictions on Russia and Belarus by targeting
chemicals that could be useful for Russia's chemical and biological
weapons production capabilities or diverted from Belarus to Russia for
these activities of concern (87 FR 57068, September 16, 2022). Adding
additional chemical precursors of chloropicrin in this current rule
further supports that objective.
In assessing whether to impose these new controls, it is important
to acknowledge that the chemical precursors listed for control play a
significant role in civilian applications. For example, these chemical
precursors are used in the production of pharmaceuticals for treating
respiratory ailments and in anesthetic formulations. In agriculture,
these precursor chemicals can function as pest control agents or can be
used for the production of fertilizers, both crucial to food security
and medical treatments. Recognizing these civilian applications, these
new controls are narrowly tailored to apply only to Russia and Belarus.
The restrictions address the CWC Treaty's objective regarding the need
to guard against the potential misuse of these chemical precursors
while ensuring continuing exports, reexports, and transfers (in-
country) as part of supply chains related to legitimate use under the
CWC, particularly in medical and agricultural sectors, in all
destinations, which for purposes of license applications for Russia and
Belarus is addressed under the case-by-case license review policy under
Sec. 746.8(b)(3)(iii).
Therefore, this final rule adds a new paragraph (i) (Precursors for
riot control agents and chloropicrin as follows) to supplement no. 6 to
part 746 to control certain precursors of CS (o-
Chlorobenzylidenemalononitrile or o-Chlorobenzalmalononitrile) (CAS
2698-41-1); CN (Phenylacyl chloride or w-Chloroacetophenone) (CAS 532-
27-4); and Trichloro(nitro)methane (Chloropicrin--CAS 76-06-2) and CR
(Dibenzoxazpine--CAS 257-07-8). Specifically, this final rule adds
paragraphs (i)(1) through (9) to describe these chemical precursors
that will be controlled under the EAR's Russian and Belarusian Industry
Sector Sanctions. The chemical precursors listed below may be utilized
in the production of RCAs and chloropicrin:
1. Malononitrile (CAS 109-77-3)
2. 2-Chlorobenzaldehyde (CAS 89-98-5)
3. 2-Chlorobenzyl Alcohol (CAS 17849-38-6)
4. 2-Chlorobenzylamine (CAS 89-97-4)
5. Benzene, 1-chloro-2-(dimethoxymethyl) (CAS 70380-66-4)
6. Acetophenone (CAS 98-86-2)
7. Chloroacetyl Chloride (CAS 79-04-9)
8. Chloroform (CAS 67-66-3)
9. o-Aminophenol (CAS 95-55-6)
These expanded controls will supplement the existing CCL controls
under ECCNs 1A984, 1C607, and 1C350. BIS estimates that these changes
will result in an increase of ten license applications submitted to BIS
annually.
B. Changes Related to Governments of Country Group A:5 and A:6
Destinations for Certain Exclusions, License Exception Eligibility, and
Licensing Policy
This final rule makes the following changes to reduce the licensing
burden on certain government entities located in Russia and Belarus by
granting them the same eligibility for certain exclusions, license
exceptions, and licensing policy as is currently available for private
sector entities headquartered in Country Group A:5 and A:6 countries.
1. Addition of license exception eligibility in Sec.
746.8(c)(2)(vi) for official business of diplomatic or consular
missions of the governments of Country Group A:5 and A:6 destinations
In Sec. 746.8, this final rule expands the scope of paragraph
(c)(2)(vi) to add the phrase ``or for the official business of
diplomatic or consular missions of the governments of Country Group A:5
and A:6 destinations'' that are operating in Russia or Belarus as
entities eligible under this paragraph to receive items under License
Exception Encryption commodities, software, and technology (ENC). In
order to receive items under License Exception ENC, the export,
reexport, or transfer (in-country) would also need to not be restricted
under Sec. 740.2 and meet all of the applicable terms and conditions
of License Exception ENC under Sec. 740.17. The addition of license
exception eligibility for the embassies and consulates of Country Group
A:5 and A:6 destinations is consistent with U.S. national security and
foreign policy interests. BIS decided to make this change after
reviewing a question from the public that asked whether License
Exception ENC could be used for an export that otherwise met the terms
of License Exception ENC for an export to an embassy for the official
use of a Country Group A:5 and A:6 destination. Prior to this final
rule, paragraph (c)(2) of Sec. 746.8 would have excluded the use of
License Exception ENC by such government entities.
BIS estimates that these changes will result in a decrease of five
license applications submitted to BIS annually.
2. Addition to exclusion in Sec. 746.8(a)(12)(ii) for official
business of diplomatic or consular missions of the governments of
Country Group A:5 and A:6 destinations.
In Sec. 746.8(a)(12)(ii) (Mass market encryption commodities and
software, and software designated EAR99), this final rule revises this
paragraph to add a new exclusion under paragraph (a)(12)(ii)(F) to
specify that exports, reexports, and transfers (in-country) for the
official business of diplomatic or consular missions of the governments
of Country Group A:5 and A:6 destinations that are operating in Russia
or Belarus are also within the scope of this paragraph (a)(12)
exclusion. This final rule also revises paragraph (a)(12)(ii)(D) to
remove the word `or' and revises paragraph (a)(12)(E) to remove the
period and add a semi-colon and the word `or' at the end of the
paragraph to reflect the addition of new paragraph (a)(12)(ii)(F).
3. Addition of governments of Country Group A:5 and A:6
destinations to the case-by-case licensing policy under Sec.
746.8(b)(3)(vi).
In Sec. 746.8(b)(3)(vi), this final rule revises the case-by-case
licensing policy for license applications submitted pursuant to
paragraphs (a)(1), (2), and (4) through (8) of this section, to add a
new paragraph (b)(3)(vi)(F). With this revision, the case-by-case
license review policy to determine whether the transaction in question
would benefit the Russian or Belarusian government or defense sector
will also apply to applications involving items destined for official
business of governments of Country Group A:5 and A:6 destinations that
are operating in Russia or Belarus. This final rule also revises
paragraph (b)(3)(vi)(D) to remove the word `or' and revises paragraph
(b)(3)(vi)(E) to remove
[[Page 87281]]
the period and add a semi-colon and the word `or' at the end of the
paragraph to reflect the addition of new paragraph (b)(3)(vi)(F).
C. Clarifying That the Entity List-Related FDP Rules License
Requirement Extends to or Within Any Destination or to Any End User or
Party That Otherwise Meets the Criteria
This final rule revises Sec. Sec. 744.11 and 746.8 of the EAR to
clarify that the three Entity List-related FDP rules' license
requirements extend to or within any destination or to any end user or
party. This final rule makes clarifying changes to Sec. 744.11 by
revising paragraphs (a)(2)(i) (Footnote 1 entities) and (a)(2)(iv)
(Footnote 4 entities) to specify that parties may not, without a
license, reexport, export from abroad, or transfer (in-country) to or
within any destination or to any end user or party any foreign-produced
item subject to the EAR pursuant to the referenced FDP rules under
Sec. 734.9(e)(1) or (2), respectively. Specifically, this final rule
adds the phrase `to or within any destination or to any end user or
party' to clarify the scope of this license requirement. This final
rule makes the same clarifying revision in Sec. 746.8(a)(3) (Russia/
Belarus-Military End User and Procurement FDP rule) (Footnote 3
entities).
BIS estimates these changes described in section II.C will not
result in any change to the number of license applications submitted to
BIS annually.
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 November 1, 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 December 2, 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. In particular, and as noted elsewhere, Section 1753
of ECRA (50 U.S.C. 4812) authorizes the regulation of exports,
reexports, and transfers (in-country) of items subject to U.S.
jurisdiction. Further, Section 1754(a)(1)-(16) of ECRA (50 U.S.C.
4813(a)(1)-(16)) authorizes, inter alia: (1) the establishment of a
list of controlled items; (2) the prohibition of unauthorized exports,
reexports, and transfers (in-country); (3) the requirement of licenses
or other authorizations for exports, reexports, and transfers (in-
country) of controlled items; (4) the apprising of the public of
changes in policy, regulations, and procedures; and (5) any other
action necessary to carry out ECRA that is not otherwise prohibited by
law. Pursuant to Section 1762(a) of ECRA (50 U.S.C. 4821(a)), these
changes can be imposed in a final rule without prior notice and
comment.
Rulemaking Requirements
1. BIS has examined the impact of this rule as required by
Executive Orders (E.O.) 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 (PRA) (44 U.S.C.
3501 et seq.), 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 for a manual or
electronic submission; and
<bullet> 0607-0152 ``Automated Export System (AES) Program,'' which
carries a burden hour estimate of 3 minutes per electronic submission.
BIS estimates that these new controls on Russia and Belarus under
the EAR will result in an increase of five 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 under 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 744
Exports, Reporting and recordkeeping requirements, Terrorism.
15 CFR Part 746
Exports, Reporting and recordkeeping requirements.
Accordingly, parts 744 and 746 of the Export Administration
Regulations (15 CFR parts 730 through 774) are revised to read as
follows:
PART 744--END-USE AND END-USER CONTROLS
0
1. The authority citation for part 744 continues to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
[[Page 87282]]
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 November 8, 2022, 87 FR 68015, 3 CFR, 2022 Comp., p. 563; Notice
of September 18, 2024, 89 FR 77011 (September 20, 2024).
0
2. Section 744.11 is amended by revising the first sentence of
paragraph (a)(2)(i) and the first sentence of paragraph (a)(2)(iv) 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.
* * * * *
(a) * * *
(2) * * *
(i) Footnote 1 entities. You may not, without a license or license
exception, reexport, export from abroad, or transfer (in-country) to or
within any destination or to any end user or party any foreign-produced
item subject to the EAR pursuant to Sec. 734.9(e)(1) of the EAR.
* * *
* * * * *
(iv) Footnote 4 entities. You may not, without a license, reexport,
export from abroad, or transfer (in-country) to or within any
destination or to any end user or party any foreign-produced item
subject to the EAR pursuant to Sec. 734.9(e)(2) of the EAR. * * *
* * * * *
PART 746--EMBARGOES AND OTHER SPECIAL CONTROLS
0
3. The authority citation for 15 CFR part 746 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117
Stat. 559; 22 U.S.C. 2151 note; 22 U.S.C. 6004; 22 U.S.C. 7201 et
seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3
CFR, 2004 Comp., p 168; Presidential Determination 2003-23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Presidential Determination 2007-7,
72 FR 1899, 3 CFR, 2006 Comp., p. 325; Notice of May 8, 2024, 89 FR
40355 (May 9, 2024).
0
4. Section 746.8 is amended by:
0
a. Revising paragraphs (a)(3), (a)(12)(ii)(D) and (E);
0
b. Adding paragraph (a)(12)(ii)(F);
0
c. Revising paragraphs (b)(3)(vi)(D) and (E);
0
d. Adding paragraph (b)(3)(vi)(F); and
0
e. Revising paragraph (c)(2)(vi).
The additions and revisions read as follows:
Sec. 746.8 Sanctions against Russia and Belarus.
(a) * * *
* * * * *
(3) Russia/Belarus-Military End User and Procurement FDP rule. A
license is required to reexport, export from abroad, or transfer (in-
country) to or within any destination or to any end user or party any
foreign-produced item subject to the EAR under Sec. 734.9(g) of the
EAR.
* * * * *
(12) * * *
(ii) * * *
(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;
(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; or
(F) For official business of diplomatic or consular missions of the
governments of Country Group A:5 and A:6 destinations.
* * * * *
(b) * * *
(3) * * *
(vi) * * *
(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;
(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; or
(F) For official business of governments of Country Group A:5 and
A:6 destinations.
(vii) Applications for companies headquartered in Country Groups
A:5 and A:6 to support civil telecommunications infrastructure.
* * * * *
(c) * * *
(2) * * *
(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; 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;
or for official business of diplomatic or consular missions of the
governments of Country Group A:5 and A:6 destinations (Sec. Sec.
740.13(c) and 740.17 of the EAR).
0
5. Supplement no. 6 to part 746 is amended by adding paragraph (i) to
read as follows:
Supplement No. 6 to Part 746--Russian and Belarusian Industry Sector
Sanctions Pursuant to Sec. 746.8(a)(6)
(i) Pre-cursors for riot control agents and chloropicrin as
follows:
(1) Malononitrile (CAS 109-77-3);
(2) 2-Chlorobenzaldehyde (CAS 89-98-5);
(3) 2-Chlorobenzyl Alcohol (CAS 17849-38-6);
(4) 2-Chlorobenzylamine (CAS 89-97-4);
(5) Benzene, 1-chloro-2-(dimethoxymethyl) (CAS 70380-66-4);
(6) Acetophenone (CAS 98-86-2);
(7) Chloroacetyl Chloride (CAS 79-04-9);
(8) Chloroform (CAS 67-66-3); and
(9) o-Aminophenol (CAS 95-55-6).
Matthew S. Borman,
Principal Deputy Assistant Secretary for Strategic Trade and Technology
Security.
[FR Doc. 2024-25445 Filed 10-30-24; 8:45 am]
BILLING CODE 3510-JT-P
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