Rule2024-31468
Revisions 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
January 6, 2025
Effective
January 6, 2025
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 13 entities under 13 entries to the Entity List. These entries are listed on the Entity List under the destinations of Burma (1), China, People's Republic of (China) (11), and Pakistan (1). These entities have been determined by the U.S. Government to be acting contrary to the national security and/ or foreign policy interests of the United States. This rule also amends the EAR by making certain editorial corrections and clarifications. BIS is making the corrections and clarifications in order to minimize confusion and not impede the free flow of commerce.
Full Text
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<title>Federal Register, Volume 90 Issue 3 (Monday, January 6, 2025)</title>
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[Federal Register Volume 90, Number 3 (Monday, January 6, 2025)]
[Rules and Regulations]
[Pages 559-563]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31468]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 241217-0329]
RIN 0694-AJ99
Revisions 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 13 entities under
13 entries to the Entity List. These entries are listed on the Entity
List under the destinations of Burma (1), China, People's Republic of
(China) (11), and Pakistan (1). These entities have been determined by
the U.S. Government to be acting contrary to the national security and/
or foreign policy interests of the United States. This rule also amends
the EAR by making certain editorial corrections and clarifications. BIS
is making the corrections and clarifications in order to minimize
confusion and not impede the free flow of commerce.
DATES: This rule is effective January 6, 2025.
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#4500170605272c366b212a266b222a33"><span class="__cf_email__" data-cfemail="efaabdacaf8d869cc18b808cc1888099">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Entity List (supplement no. 4 to part 744 of the EAR (15 CFR
parts 730-774)) identifies entities for which there is reasonable cause
to believe, based on specific and articulable facts, 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) of
the EAR. 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.
Additions to the Entity List
The ERC determined to add Telecom International Myanmar Company
Limited, under the destination of Burma, to the Entity List. This
addition is based on actions and activities that are contrary to the
national security and foreign policy interests of the United States
under Sec. 744.11 of the EAR. Specifically, this entity is being added
for providing surveillance services and financial support to Burma's
military regime, enabling the regime to carry out human rights abuses
through the tracking and identification of target individuals and
groups. A license is required for the export, reexport and transfer
(in-country) of all items subject to the EAR to this entity and license
applications will be reviewed under a presumption of denial.
The ERC has determined to add Chengdu RML Technology Co., Ltd.;
Chengdu Yaguang Electronics Co., Ltd.; Hefei Starwave Communication
Technology Co., Ltd.; and Yaguang Technology Group Co., Ltd., all under
the destination of China, to the Entity List. These entities are added
for acquiring and attempting to acquire U.S.-origin items in support of
China's military modernization. Specifically, Chengdu RML Technology
Co., Ltd. has supplied the People's Liberation Army (PLA) with
precision-guided missiles and satellite communication systems. Chengdu
Yaguang Electronics Co., Ltd. and its parent company, Yaguang
Technology Group Co., Ltd., have supplied the PLA and multiple Chinese
parties on the Entity List with dual-use electronic components. Lastly,
Hefei Starwave Communication Technology Co., Ltd. has supplied radio
frequency/microwave products explicitly for military equipment
application to the PLA and Chinese parties on the Entity List. These
activities are contrary to the national security and foreign policy
interests of the United States under Sec. 744.11 of the EAR. These
entities are added with a license requirement for the export, reexport
and transfer (in-country) of all items subject to the EAR and a license
review policy of a presumption of denial.
The ERC determined to add the following seven entities, all under
the destination of China, to the Entity List: Chinese Academy of
Sciences Changchun Institute of Optics, Fine Mechanics, and Physics; Ji
Hua Laboratory; Nanjing Simite Optical Instruments Co., Ltd.; Peng
Cheng Laboratory; Shanghai Institute of Optics and Fine Mechanics;
Suzhou Ultranano Precision Optoelectronics Technology Co., Ltd.; and
Wuhu Kewei Zhaofu Electronics Co., Ltd. These entities are being added
for acquiring and attempting to acquire U.S.-origin items in support of
China's military modernization. In addition, these entities have
demonstrable ties to activities of concern, including hypersonic
weapons development, design and modeling of vehicles in hypersonic
flight, using proprietary software to model weapons design and damage;
and otherwise supporting
[[Page 560]]
China's military-civil fusion efforts. These activities are contrary to
the national security and foreign policy interests of the United States
under Sec. 744.11 of the EAR. These entities are added with a license
requirement for the export, reexport, and transfer (in-country) of all
items subject to the EAR and a license review policy of presumption of
denial.
Finally, the ERC determined to add Emerging Future Solutions
Private Limited, under the destination of Pakistan, to the Entity List.
This addition is made as a result of the entity's contributions to
Pakistan's ballistic missile program. This activity is contrary to U.S.
national security and foreign policy interests under Sec. 744.11 of
the EAR. This entity is added with a license requirement for the
export, reexport and transfer (in-country) of all items subject to the
EAR and a license application review policy of a presumption of denial.
For the reasons described above, this final rule adds the following
13 entities under 13 entries to the Entity List and includes, where
appropriate, aliases:
Burma
<bullet> Telecom International Myanmar Company Limited
China
<bullet> Chengdu RML Technology Co., Ltd.,
<bullet> Chengdu Yaguang Electronics Co., Ltd.,
<bullet> Chinese Academy of Sciences Changchun Institute of Optics,
Fine Mechanics, and Physics,
<bullet> Hefei Starwave Communication Technology Co., Ltd.,
<bullet> Ji Hua Laboratory,
<bullet> Nanjing Simite Optical Instruments Co., Ltd.,
<bullet> Peng Cheng Laboratory,
<bullet> Shanghai Institute of Optics and Fine Mechanics,
<bullet> Suzhou Ultranano Precision Optoelectronics Technology Co.,
Ltd.,
<bullet> Wuhu Kewei Zhaofu Electronics Co., Ltd., and
<bullet> Yaguang Technology Group Co., Ltd.
Pakistan
<bullet> Emerging Future Solutions Private Limited.
Corrections to the Entity List
This final rule also corrects one spelling error and two
punctuation errors in the addresses listed for the entry of Shenzhen
Guowei Sensing Technology Co., Ltd. This entity was originally added to
the Entity List on December 2, 2024, in a final rule published on
December 5, 2024 (89 FR 96830).
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 January 6, 2025,
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 February 5, 2025. Any such items not actually exported,
reexported, or transferred (in-country) before midnight, on February 5,
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 (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 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 (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 a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:
PART 744--CONTROL POLICY: END-USER AND END-USE BASED
0
1. The authority citation for 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.
[[Page 561]]
783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of
September 18, 2024, 89 FR 77011 (September 20, 2024); Notice of
November 7, 2024, 89 FR 88867 (November 8, 2024).
0
2. Supplement no. 4 to part 744 is amended:
0
a. Under BURMA, by adding, in alphabetical order, an entry for
``Telecom International Myanmar Company Limited;''
0
b. Under CHINA, PEOPLE'S REPUBLIC OF, by:
0
i. Adding, in alphabetical order, entries for ``Chengdu RML Technology
Co., Ltd.;'' ``Chengdu Yaguang Electronics Co., Ltd.;'' ``Chinese
Academy of Sciences Changchun Institute of Optics, Fine Mechanics, and
Physics;'' ``Hefei Starwave Communication Technology Co.;'' ``Ji Hua
Laboratory;'' ``Nanjing Simite Optical Instruments Co., Ltd.;'' ``Peng
Cheng Laboratory;'' and ``Shanghai Institute of Optics and Fine
Mechanics;''
0
ii. Revising the entry for ``Shenzhen Guowei Sensing Technology Co.,
Ltd.;'' and
0
iii. Adding in alphabetical order, entries for ``Suzhou Ultranano
Precision Optoelectronics Technology Co., Ltd.;'' ``Wuhu Kewei Zhaofu
Electronics Co., Ltd.;'' and ``Yaguang Technology Group Co., Ltd.;''
and
0
c. Under PAKISTAN, by adding, in alphabetical order, an entry for
``Emerging Future Solutions Private Limited.''
The additions and revision read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
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License Federal Register
Country Entity requirement License review policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
BURMA................. * * * * * *
Telecom International For all items Presumption of denial.. 90 FR [INSERT FR
Myanmar Company Limited, subject to the PAGE NUMBER AND
a.k.a., the following two EAR. (See Sec. 1/6/25.
aliases: 744.11 of the
--Mytel; and EAR).
--MyTel.
61-63 Zoological Garden
Road, Yangon, Burma.
* * * * * *
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* * * * * * *
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CHINA, PEOPLE'S * * * * * *
REPUBLIC OF.
Chengdu RML Technology Co., For all items Presumption of denial.. 90 FR [INSERT FR
Ltd., a.k.a., the subject to the PAGE NUMBER AND
following two aliases: EAR. (See Sec. 1/6/25.
--Chengdu Thunderbolt Micro 744.11 of the
Power Technology Co., EAR).
Ltd.; and
--RML Technology.
No. 19, Section 4, Huafu
Avenue, Chengdu, China;
and Shiyang Industrial
Park, No. 288, Yixin
Avenue, Chengdu, China;
and the First Floor, Jinhe
Hotel, 18 Jinhe Road,
Chengdu, China.
* * * * * *
Chengdu Yaguang Electronics For all items Presumption of denial.. 90 FR [INSERT FR
Co., Ltd., a.k.a., the subject to the PAGE NUMBER AND
following three aliases: EAR. (See Sec. 1/6/25.
--Chengdu Yaguang; 744.11 of the
--Chengdu OPTO Electronics EAR).
Co., Ltd.; and
--970 Factory.
No. 66, Donghong Road,
Chengdu, China; and No.
36, Beisen Road, Chengdu,
China.
* * * * * *
Chinese Academy of Sciences For all items Presumption of denial.. 90 FR [INSERT FR
Changchun Institute of subject to the PAGE NUMBER AND
Optics, Fine Mechanics, EAR. (See Sec. 1/6/25.
and Physics, a.k.a., the 744.11 of the
following three aliases: EAR).
--Changchun Institute of
Optics, Fine Mechanics,
and Physics, CAS;
--CAS Institute of Optics,
Fine Mechanics, and
Physics; and
--CIOMP.
3888 E Nanhu Road,
Changchun, China.
* * * * * *
Hefei Starwave For all items Presumption of denial.. 90 FR [INSERT FR
Communication Technology subject to the PAGE NUMBER AND
Co., Ltd., a.k.a., the EAR. (See Sec. 1/6/25.
following three aliases: 744.11 of the
--Starwave Comm Tech Corp; EAR).
--Star Wave Communication;
and
--Hefei Xingbo
Communication Technology
Co., Ltd.
No. 11, Mechanical and
Electrical Industrial
Park, No. 767, Yulan
Avenue, Hefei, China.
* * * * * *
Ji Hua Laboratory, a.k.a., For all items Presumption of denial.. 90 FR [INSERT FR
the following four subject to the PAGE NUMBER AND
aliases: EAR. (See Sec. 1/6/25.
--Guangdong Provincial 744.11 of the
Laboratory of Advanced EAR).
Manufacturing Science and
Technology;
--Guangdong Provincial Lab
of Chemicals and Fine
Chemicals;
--Ji Hua Lab; and
--Yan Chang Ji Hua Lab.
[[Page 562]]
No. 28, Huan Dao Nan Road,
Guangdong Province,
Foshan, 528000, China; and
No.28 Huandao South Road,
Guicheng Street, Nanhai
District, Foshan City,
Guangdong Province, China;
and No. 27/28 Island Ring
South Road, Guicheng St.,
Nanhai Dist., Foshan,
Guangdong, China; and No.
1 Xueyuan Road, Tuojiang
Street, Jinping District,
Shantou China; and No. 88
Keling Road, Science and
Technology City, Suzhou
High Tech, Foshan, China;
and 13 Chengye Road,
Shunde District, Foshan,
China; and The Core Area
of Sanlongwan High End
Innovation Center, Foshan,
China; and 13 Nanping West
Road, Foshan, China.
* * * * * *
Nanjing Simite Optical For all items Presumption of denial.. 90 FR [INSERT FR
Instruments Co., Ltd., subject to the PAGE NUMBER AND
a.k.a., the following two EAR. (See Sec. 1/6/25.
aliases: 744.11 of the
--SMT Optical Instruments; EAR).
and
--Nanjing Schmidt Optical
Instruments Co., Ltd.
Third Industrial
Concentration Zone,
Dongping Town, Lishui
District, Nanjing,
Jiangsu, China.
* * * * * *
Peng Cheng Laboratory, For all items Presumption of denial.. 90 FR [INSERT FR
a.k.a., the following five subject to the PAGE NUMBER AND
aliases: EAR. (See Sec. 1/6/25.
--Pengcheng Laboratory; 744.11 of the
--Peng Cheng Lab; EAR).
--Pengcheng Lab;
--Shenzhen Provincial
Laboratory of Cyberspace
Science and Technology;
and
--PCL
No. 2 Xingke First Street,
Nanshan District,
Shenzhen, Guangdong,
China; and Building 8,
Phase 1, Vanke Cloud City,
Liuxiandong, Xili Street,
Nanshan District,
Shenzhen, China; and Wan
Ke Yun Cheng, Yi Qi 8
Dong, Shenzhen, China.
Zhigu 2nd Street, Songbei
District, Harbin,
Heilongjiang, 15000,
China.
* * * * * *
Shanghai Institute of For all items Presumption of denial.. 90 FR [INSERT FR
Optics and Fine Mechanics, subject to the PAGE NUMBER AND
a.k.a., the following EAR. (See Sec. 1/6/25.
seven aliases: 744.11 of the
--SIOM; EAR).
--CAS SIOM;
--Hangzhou Spectrometer
Laser PH;
--Lab of Information
Optics;
--Shanghai Institute of
Optics;
--Shanghai Institute of
Optics & Fine Mechanics;
and
--SIOM Chinese Academy of
Sciences.
No. 899, Huiwang East Road,
Jiading District,
Shanghai, China; and No.
390, Qinghe Road, Jiading
District, Shanghai,
201801, China; and 295
Tacheng Road, Jiading,
Shanghai, China; and 52
Sanlihe Road, Shanghai,
China; and 768 Zhaojiabang
Road, Shanghai, China; and
9900 North Shengxin Road,
Shanghai, China; and 200
Zhaoxian Rd, Jiading
District, Shanghai, China;
and No. 4775, Shuangzhu
Road, Shanghai, China; and
Rm. 904-905, Kuen Yang
International Business
Plaza, Shanghai, China.
* * * * * *
Shenzhen Guowei Sensing For all items Presumption of denial.. 89 FR 96837, 12/
Technology Co., Ltd., subject to the 5/2024.
a.k.a., the following one EAR. (See Sec. 90 FR [INSERT FR
alias: 744.11 of the PAGE NUMBER AND
--SMIT Sense. EAR). 1/6/25.
Room 22B, Guoshi Building,
No. 1801 Shahe West Road,
High-tech Zone Community,
Yuehai Street, Nanshan
District, Shenzhen, China;
and Floor 23, Building 3,
Chongwen Park, Nanshan
Intelligence Valley, No.
3370 Liuxian Avenue,
Shenzhen, China; and Floor
23, Building 3, Chongwen
Park, Nanshan Zhiyuan, No.
3370 Liuxian Avenue,
Shenzhen, China.
* * * * * *
Suzhou Ultranano Precision For all items Presumption of denial.. 90 FR [INSERT FR
Optoelectronics Technology subject to the PAGE NUMBER AND
Co., Ltd., a.k.a., the EAR. (See Sec. 1/6/25.
following two aliases: 744.11 of the
--Suzhou Chaona Precision EAR).
Optoelectronics Technology
Co., Ltd.; and
--Suzhou Ultranano.
[[Page 563]]
Room 2005, Building 6, No.
77 Heshun Road, Suzhou
Industrial Park, Suzhou,
Jiangsu, 215000, China;
and Room 301 Building 3,
No. 99 Jinyahu Avenue,
Suzhou Industrial Park,
Jiangsu Pilot Free Trade
Zone, China.
* * * * * *
Wuhu Kewei Zhaofu For all items Presumption of denial.. 90 FR [INSERT FR
Electronics Co., Ltd., subject to the PAGE NUMBER AND
West side of North Jiuhua EAR. (See Sec. 1/6/25.
Road, Economic and 744.11 of the
Technological Development EAR).
Zone, Wuhu, Anhui, China;
and No.10 Ruifu Road,
Longshan Avenue, Wuhu
Economic and Technological
Development Zone, Wuhu,
Anhui, 241000, China.
* * * * * *
Yaguang Technology Group For all items Presumption of denial.. 90 FR [INSERT FR
Co., Ltd., a.k.a., the subject to the PAGE NUMBER AND
following one alias: EAR. (See Sec. 1/6/25.
--Sunbird Yachting Co., 744.11 of the
Ltd. EAR).
Yacht Industrial Park,
Yuanjiang, China; and No.
18, Shijihu Road,
Yuanjiang City, Yiyang
City, China; and Yaguang
Science and Technology
Park, No. 1820 Yuelu West
Avenue, Changsha, China.
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
PAKISTAN.............. * * * * * *
Emerging Future Solutions For all items Presumption of denial.. 90 FR [INSERT FR
Private Limited, a.k.a., subject to the PAGE NUMBER AND
the following four EAR. (See Sec. 1/6/25.
aliases: 744.11 of the
--Emerging Future EAR).
Solutions;
--Emerging Future Solutions
(Pvt) Ltd Pakistan;
--Emerging Future Solutions
Pvt Ltd.; and
--Emerging Future Solutions
Limited.
Office No. 46-A, Street No.
5, Chaklala Scheme-III,
Rawalpindi, 46000,
Pakistan.
* * * * * *
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Matthew S. Borman,
Principal Deputy Assistant Secretary for Strategic Trade and Technology
Security.
[FR Doc. 2024-31468 Filed 1-3-25; 8:45 am]
BILLING CODE 3510-33-P
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