Rule2024-29136
Additions to the Entity List
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 11, 2024
Effective
December 11, 2024
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding 8 entities to the Entity List, under the destinations of Burma (2), China, People's Republic of (China) (2), and Russia (4). These entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.
Full Text
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<title>Federal Register, Volume 89 Issue 238 (Wednesday, December 11, 2024)</title>
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[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Rules and Regulations]
[Pages 99702-99705]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29136]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 241205-0313]
RIN 0694-AJ96
Additions to the Entity List
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
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SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) by adding 8 entities to the
Entity List, under the destinations of Burma (2), China, People's
Republic of (China) (2), and Russia (4). These entities have been
determined by the U.S. Government to be acting contrary to the national
security or foreign policy interests of the United States.
DATES: This rule is effective December 11, 2024.
FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary for Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone: (202) 482-5991,
Email: <a href="/cdn-cgi/l/email-protection#81c4d3c2c1e3e8f2afe5eee2afe6eef7"><span class="__cf_email__" data-cfemail="d194839291b3b8a2ffb5beb2ffb6bea7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Entity List
The Entity List (supplement no. 4 to part 744 of the EAR (15 CFR
parts 730-774)) identifies entities for which there is reasonable cause
to believe, based on specific and articulable facts, that the entities
have been involved, are involved, or pose a significant risk of being
or becoming involved in activities contrary to the national security or
foreign policy interests of the United States, pursuant to Sec.
744.11(b). The EAR imposes additional license requirements on, and
limits 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 listing 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 listing to the
Entity List. BIS amends 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.
Entity List Decisions
Additions to the Entity List
The ERC determined to add Sky Aviator Company Limited and Synpex
Shwe Company Ltd., under the destination of Burma, to the Entity List.
These additions are being made because Sky Aviator Company Limited, and
Synpex Shwe Company Ltd., have supplied the Burmese military with parts
and components that have enabled the military to carry out human rights
violations, including brutal aerial attacks against the civilian
population. These activities are contrary to the foreign policy
interests of the United States under Sec. 744.11 of the EAR. Licenses
to export, reexport or transfer (in-country) items subject to the EAR
to both of these entities will be required for all items subject to the
EAR, and license applications will be reviewed with a license review
policy of presumption of denial.
The ERC determined to add Beijing Zhongdun Security Technology
Group Co., Ltd. and Zhejiang Uniview Technologies Co., Ltd., under the
destination of China, to the Entity List. Beijing Zhongdun Security
Technology Group Co., Ltd. is being added because it develops and sells
products and services that enable China's public security establishment
to carry out human rights violations. Zhejiang Uniview Technologies
Co., Ltd. is being added because it enables human rights violations,
including high-technology surveillance targeted at the general
population, Uyghurs, and members of other ethnic and religious minority
groups. These activities are contrary to the foreign policy interests
of the United States under Sec. 744.11 of the EAR. Licenses to export,
reexport or transfer (in-country) items subject to the EAR to both of
these entities will be required for all items subject to the EAR, and
license applications will be reviewed with a license review policy of
presumption of denial.
The ERC determined to add Aviasnab LLC and Joint Stock Company
Gorizont, under the destination of Russia, to the Entity List. These
additions are being made because Aviasnab LLC and Joint Stock Company
Gorizont have supplied
[[Page 99703]]
the Burmese military with parts and components that have enabled the
military to carry out human rights violations, including brutal aerial
attacks against the civilian population. These activities are contrary
to the foreign policy interests of the United States under Sec. 744.11
of the EAR. Licenses to export, reexport or transfer (in-country) items
subject to the EAR to both of these entities will be required for all
items subject to the EAR, and license applications will be reviewed
with a license review policy of presumption of denial.
The ERC determined to add NTechLab LLC and Technology Videoanalysis
LLC, under the destination of Russia, to the Entity List. These
additions are being made because NtechLab LLC and Technology
Videoanalysis LLC develop and supply facial recognition software to the
Russian government that uses these products and services to track and
target peaceful protesters and activists. The products and services
that these companies provide have become integral to Russia's mass-
surveillance apparatus. These activities are contrary to the 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.
For the reasons described above, this final rule adds the following
8 entities including aliases where appropriate, to the Entity List:
Burma
<bullet> Sky Aviator Company Limited; and
<bullet> Synepex Shwe Company Ltd.
China
<bullet> Beijing Zhongdun Security Technology Group Co., Ltd.; and
<bullet> Zhejiang Uniview Technologies Co., Ltd.
Russia
<bullet> Aviasnab LLC;
<bullet> Joint Stock Company Gorizont;
<bullet> NtechLab LLC; and
<bullet> Technology Videoanalysis LLC.
Savings Clause
For the changes being made in this final rule, shipments of items
removed from eligibility for a License Exception or export, reexport,
or transfer (in-country) without a license (NLR) as a result of this
regulatory action that were en route aboard a carrier to a port of
export, reexport, or transfer (in-country), on December 11, 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)
before January 10, 2025. Any such items not actually exported,
reexported or transferred (in-country) before midnight, on January 10,
2025, require a license in accordance with this final rule.
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities
and serves as the authority under which BIS issues this rule. In
particular, 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, establishing and
maintaining a list of foreign persons and end-uses that are determined
to be a threat to the national security and foreign policy of the
United States pursuant to the policy set forth in section 1752(2)(A),
and restricting exports, reexports, and in-country transfers of any
controlled items to any foreign person or end-use so listed; apprising
the public of changes in policy, regulations, and procedures; and 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. This rule has been determined to be not significant for purposes
of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves an
information collection approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. BIS does not
anticipate a change to the burden hours associated with this collection
as a result of this rule. Information regarding the collection,
including all supporting materials, can be accessed at <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>.
3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
4. Pursuant to section 1762 of the Export Control Reform Act of
2018, this action is exempt from the Administrative Procedure Act (5
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity
for public participation, and delay in effective date.
5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:
PART 744--END-USE AND END-USER CONTROLS
0
1. 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
2. Supplement no. 4 is amended by:
0
a. Under BURMA, adding entries in alphabetical order for ``Sky Aviator
Company Limited'' and ``Synepex Shwe Company Ltd.''
0
b. Under CHINA, PEOPLE'S REPUBLIC OF adding entries in alphabetical
order for ``Beijing Zhongdun Security Technology Group Co., Ltd.'' and
``Zhejiang Uniview Technologies Co., Ltd.;'' and
0
c. Under RUSSIA, adding entries in alphabetical order for ``Aviasnab
LLC'', ``Joint Stock Company Gorizont'',
[[Page 99704]]
``NtechLab LLC'', and ``Technology Videoanalysis LLC''.
The additions read as follows:
Supplement No. 4 to Part 744--Entity List
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License review Federal Register
Country Entity License requirement policy citation
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Burma.................... * * * * * *
Sky Aviator Company Limited, a.k.a., the following four For all items Presumption of 89 FR [INSERT FR
aliases: subject to the denial. PAGE NUMBER] AND
--Sky Aviator Company Ltd.; EAR. (See Sec. December 11, 2024.
--Sky Aviator Co.; 744.11 of the EAR).
--Sky Aviator.; and
--Sky Aviator Co. Ltd.
No. (204/2), Myinthar 11th Street, 14/1 Ward, South Okkalarpa
Township, Yangon Region, Burma; and No. 286, Bogyoke Street,
Ward No. 2, Waibargi, North Okkalarpa Township, Yangon
Region, Burma.
* * * * * *
Synpex Shwe Company Ltd., a.k.a., the following one alias: For all items Presumption of 89 FR [INSERT FR
--SS Techniques Company Limited. subject to the denial. PAGE NUMBER] AND
Nat Yay Kann (1) Street, No.1259, (35) Quarter, North Dagon EAR. (See Sec. December 11, 2024.
Township, Yangon Region, Burma. 744.11 of the EAR).
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CHINA, PEOPLE'S REPUBLIC * * * * * *
OF.
Beijing Zhongdun Security Technology Group Co., Ltd., a.k.a , For all items Presumption of 89 FR [INSERT FR
the following one alias: subject to the denial. PAGE NUMBER] AND
--Beijing Zhongdun Security Technology Development Co. EAR. (See Sec. December 11, 2024.
No. 1, Shouti South Road, Haidian District, Beijing, China; 744.11 of the EAR).
and No. 1 Capital Gymnasium South Road, Beijing, China.
* * * * * *
Zhejiang Uniview Technologies Co., Ltd., a.k.a., the following For all items Presumption of 89 FR [INSERT FR
one alias: subject to the denial. PAGE NUMBER] AND
--Uniview. EAR. (See Sec. December 11, 2024.
No. 369, Xietong Road, Xixing Sub-district, Binjiang District, 744.11 of the EAR).
Hangzhou City, Zhejiang Province, 310051, China.
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RUSSIA................... * * * * *
Aviasnab LLC, Leningradskaya Street, Khimki, Moscow Region, For all items Presumption of 89 FR [INSERT FR
141400, Russia. subject to the denial. PAGE NUMBER] AND
EAR. (See Sec. December 11, 2024.
744.11 of the EAR).
* * * * * *
Joint Stock Company Gorizont, 2 ``J'' Omskaya Street, Rostov- For all items Presumption of 89 FR [INSERT FR
on-Don, 344068, Russia. subject to the denial. PAGE NUMBER] AND
EAR. (See Sec. December 11, 2024.
744.11 of the EAR).
* * * * * *
NtechLab LLC, a.k.a., the following two aliases: For all items Presumption of 89 FR [INSERT FR
--NtechLab; and subject to the denial. PAGE NUMBER] AND
--ntech lab. EAR. (See Sec. December 11, 2024.
Novolesnaya Ulitsa, Dom 2, Pomeshchenie 1/3, Moscow, 127055, 744.11 of the EAR).
Russia.
* * * * * *
Technology Videoanalysis LLC, a.k.a., the following two For all items Presumption of 89 FR [INSERT FR
aliases: subject to the denial. PAGE NUMBER] AND
--Tevian; and EAR. (See Sec. December 11, 2024.
--Technologii Videoanaliza. 744.11 of the EAR).
Skulptora Muchinoi Ulitsa, Dom 7, Floor 1 pomeshchenie II
komnata 2v, Moscow, 119634, Russia.
* * * * * *
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[[Page 99705]]
* * * * *
Matthew S. Borman,
Principal Deputy Assistant Secretary for Strategic Trade and Technology
Security.
[FR Doc. 2024-29136 Filed 12-10-24; 8:45 am]
BILLING CODE 3510-33-P
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