Rule2025-00704
Addition of Entities to and Revision of Entry on the Entity List
Primary source
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Published
January 16, 2025
Effective
January 16, 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 11 entities under 11 entries to the Entity List. These entries are listed on the Entity List under the destination of China, People's Republic of (China) (11). 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 revises one existing entry on the Entity List under the destination of India.
Full Text
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<title>Federal Register, Volume 90 Issue 10 (Thursday, January 16, 2025)</title>
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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 4617-4620]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00704]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 250108-0010]
RIN 0694-AJ76
Addition of Entities to and Revision of Entry on 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 11 entities under
11 entries to the Entity List. These entries are listed on the Entity
List under the destination of China, People's Republic of (China) (11).
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 revises one existing entry on the
Entity List under the destination of India.
DATES: This rule is effective January 16, 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#2c697e6f6c4e455f0248434f024b435a"><span class="__cf_email__" data-cfemail="581d0a1b183a312b763c373b763f372e">[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 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 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 part
744 (Control Policy: End-User and End-Use Based) and part 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 Beijing Zhipu Huazhang Technology Co.,
Ltd.; Beijing Lingxin Intelligent Technology Co., Ltd.; Beijing Yuanyin
Intelligent Technology Co., Ltd.; Beijing Zhipu
[[Page 4618]]
Future Technology Co., Ltd.; Beijing Zhipu Linghang Technology Co.,
Ltd.; Beijing Zhipu Qingyan Technology Co., Ltd.; Hangzhou Zhipu
Huazhang Technology Co., Ltd.; Nanjing Zhihu Information Technology
Co., Ltd.; Shanghai Zhipu Huanyu Technology Co., Ltd.; and Shenzhen
Zhipu Future Technology Co., Ltd., to the Entity List, under the
destination of China. These additions are being made because these
entities advance the People's Republic of China's military
modernization through the development and integration of advanced
artificial intelligence research. This activity is contrary to the
national security and foreign policy interests of the United States
under Section 744.11 of the EAR. A license is required for all items
subject to the EAR, with a license review policy of a presumption of
denial.
The ERC determined to add Beijing Keyi Hongyuan Optoelectronics
Co., Ltd. to the Entity List, under the destination of China.
Specifically, this entity is co-developing lithography technology for
advanced-node fabrication facilities in China. This technology will
enable indigenous production in China of advanced integrated circuits
for military end-use. This activity is contrary to the national
security and foreign policy interests of the United States under Sec.
744.11 of the EAR. A license is required for all items subject to the
EAR, with a license review policy of a presumption of denial.
For the reasons described above, this final rule adds the following
11 entities under 11 entries to the Entity List and includes, where
appropriate, aliases:
China
<bullet> Beijing Keyi Hongyuan Optoelectronics Co., Ltd.,
<bullet> Beijing Lingxin Intelligent Technology Co., Ltd.,
<bullet> Beijing Yuanyin Intelligent Technology Co., Ltd.,
<bullet> Beijing Zhipu Future Technology Co., Ltd.,
<bullet> Beijing Zhipu Huazhang Technology Co., Ltd.,
<bullet> Beijing Zhipu Linghang Technology Co., Ltd.,
<bullet> Beijing Zhipu Qingyan Technology Co., Ltd.,
<bullet> Hangzhou Zhipu Huazhang Technology Co., Ltd.,
<bullet> Nanjing Zhihu Information Technology Co., Ltd.,
<bullet> Shanghai Zhipu Huanyu Technology Co., Ltd., and
<bullet> Shenzhen Zhipu Future Technology Co., Ltd.
Modifications to the Entity List
The ERC determined to modify one existing entry on the Entity List,
``The following Department of Atomic Energy entities'' under the
destination of India. Specifically, the ERC determined to remove the
three entities listed within the entry (``Indian Rare Earths,''
``Indira Gandhi Atomic Research Center (IGCAR),'' and ``Bhabha Atomic
Research Center (BARC)'') but continue to list the relevant facilities
(Nuclear reactors (including power plants) not under International
Atomic Energy Agency (IAEA) safeguards, (excluding Kundankulam 1 and
2); fuel reprocessing and enrichment facilities; and heavy water
production facilities and their collocated ammonia plants) in the
entry.
The ERC determined to remove three entities from the entry based on
information received pursuant to Sec. 744.16(e) of the EAR and the
review that the ERC conducted in accordance with the procedures
described in supplement no. 5 to part 744 of the EAR. Modifying the
Department of Atomic Energy entry to remove Indian Rare Earths, IGCAR,
and BARC will support U.S. foreign policy objectives by reducing
barriers to advance energy cooperation, including joint research and
development and science and technology cooperation, towards shared
energy security needs and goals. It will also enable closer cooperation
between the United States and India to secure more resilient critical
minerals and clean energy supply chains, following through on a leader-
level commitment to hasten bilateral collaboration at a time when these
supply chains have grown increasingly fragile. The United States and
India share a commitment to advance peaceful nuclear cooperation and
associated research and development activities, with strengthened
science and technology cooperation over the past several years which
has benefitted both countries and their partner countries around the
world. The removal of the three entities from the entry aligns with and
supports the overall ambition and strategic direction of the U.S.-India
partnership.
Prior to their removal, a license was required for all items
subject to the EAR to these three entities regardless of the item's end
use. With the removal of BARC, IGCAR, and India Rare Earths from the
entry on the Entity List, a license is no longer required for exports
to these three entities unless the end use is listed in Sec. 744.2 of
the EAR. Section 744.2 of the EAR prohibits exports, reexports, and
transfers (in-country) of items subject to the EAR to defined nuclear
proliferation activities, to any destination, other than countries in
supplement no.3 to part 744. As India is not listed in supplement no.3
to part 744, exporters, re-exporters and transferors (in-country) are
reminded that they are required to seek a license if they know or have
reason to know that the exported item(s) will be used in any of the
activities listed in Sec. 744.2 of the EAR for all end-users in India,
regardless of whether they are listed on the Entity List or not.
India has openly tested nuclear weapons and openly declared that it
possesses nuclear weapons. India has publicized its nuclear energy and
nuclear fuel-cycle plans. Information on India's nuclear activities is
readily available from a variety of reputable sources. Furthermore,
India has publicized the list of civil nuclear facilities that are
subject to IAEA safeguards. This list is available on the IAEA website
as INFCIRC/754. Exporters should seek guidance from BIS if they are
unsure if the exported item(s) will be used in nuclear explosive
activities and/or unsafeguarded nuclear activities.
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 16, 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 18, 2025. Any such items not actually exported,
reexported, or transferred (in-country) before midnight, on February
18, 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
[[Page 4619]]
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 (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. 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 by:
0
a. Under CHINA, PEOPLE'S REPUBLIC OF, by adding, in alphabetical order,
entries for ``Beijing Keyi Hongyuan Optoelectronics Co., Ltd.;''
``Beijing Lingxin Intelligent Technology Co., Ltd.;'' ``Beijing Yuanyin
Intelligent Technology Co., Ltd.,'' ``Beijing Zhipu Future Technology
Co., Ltd.,'' ``Beijing Zhipu Huazhang Technology Co., Ltd.,'' ``Beijing
Zhipu Linghang Technology Co., Ltd.,'' ``Beijing Zhipu Qingyan
Technology Co., Ltd.,'' ``Hangzhou Zhipu Huazhang Technology Co.,
Ltd.,'' ``Nanjing Zhihu Information Technology Co., Ltd.,'' ``Shanghai
Zhipu Huanyu Technology Co., Ltd.,'' and ``Shenzhen Zhipu Future
Technology Co., Ltd.,'' and
0
b. Under India, revising the entry for ``The following Department of
Atomic Energy entities.''
The additions and modification 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
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* * * * * * *
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CHINA, PEOPLE'S
REPUBLIC OF.
* * * * * *
Beijing Keyi Hongyuan For all items Presumption of denial.. 90 FR [INSERT FR
Optoelectronics Co., Ltd., subject to the PAGE NUMBER]
a.k.a., the following EAR (See Sec. January 16,
three aliases: 744.11 of the 2025.
--RSLaser; EAR).
--Beijing RSLaser
Photoelectric Technology;
and
--Beijing RSLaser Opto-
Electronics.
No. 19, Rongxing North 1st
Street, Daxing District,
Beijing, China.
* * * * * *
Beijing Lingxin Intelligent For all items Presumption of denial.. 90 FR [INSERT FR
Technology Co., Ltd., subject to the PAGE NUMBER]
7th Floor, Building 9, No. EAR. (See Sec. January 16,
1, Zhongguancun East Road, 744.11 of the 2025.
Haidian District, Beijing, EAR).
China; and Room 4-1106,
11th Floor, No. 28 Chengfu
Road, Haidian District,
Beijing, China.
* * * * * *
Beijing Yuanyin Intelligent For all items Presumption of denial.. 90 FR [INSERT FR
Technology Co., Ltd., subject to the PAGE NUMBER]
Room 07-128, 101, 7th EAR. (See Sec. January 16,
Floor, No. 219 Wangfujing 744.11 of the 2025.
Street, Dongcheng EAR).
District, Beijing, China;
and Room 801, 8th Floor,
Building 9, No. 1,
Zhongguancun East Road,
Haidian District, Beijing,
China.
[[Page 4620]]
* * * * * *
Beijing Zhipu Future For all items Presumption of denial.. 90 FR [INSERT FR
Technology Co., Ltd., subject to the PAGE NUMBER]
Room 801, 8th Floor, EAR. (See Sec. January 16,
Building 9, No. 1, 744.11 of the 2025.
Zhongguancun East Road, EAR).
Haidian District, Beijing,
China.
Beijing Zhipu Huazhang For all items Presumption of denial.. 90 FR [INSERT FR
Technology Co., Ltd., subject to the PAGE NUMBER]
a.k.a., the following two EAR. (See Sec. January 16,
aliases: 744.11 of the 2025.
--Zhipu AI; and EAR).
--Beijing Knowledge Atlas
Technology Co., Ltd.
Floor 10, Building 9, No.
1, Zhongguancun East Road,
Haidian District, Beijing,
100080, China.
Beijing Zhipu Linghang For all items Presumption of denial.. 90 FR [INSERT FR
Technology Co., Ltd., subject to the PAGE NUMBER]
Room 306-4, 3rd Floor, EAR. (See Sec. January 16,
Building 6, No. 10 Kegu 744.11 of the 2025.
1st Street, Beijing EAR).
Economic and Technological
Development Zone, Beijing,
China.
Beijing Zhipu Qingyan For all items Presumption of denial.. 90 FR [INSERT FR
Technology Co., Ltd., subject to the PAGE NUMBER]
Room 202, 2nd Floor, EAR. (See Sec. January 16,
Building 13, No. 98 744.11 of the 2025.
Lianshihu West Road, EAR).
Mentougou District,
Beijing, China.
* * * * * * *
Hangzhou Zhipu Huazhang For all items Presumption of denial.. 90 FR [INSERT FR
Technology Co., Ltd., subject to the PAGE NUMBER]
Room 551, No. 857, 859, EAR. (See Sec. January 16,
Shixin North Road, 744.11 of the 2025.
Yingfeng Street, Xiaoshan EAR).
District, Hangzhou,
Zhejiang Province, China.
* * * * * * *
Nanjing Zhihu Information For all items Presumption of denial.. 90 FR [INSERT FR
Technology Co., Ltd., subject to the PAGE NUMBER]
Room 605, South Building EAR. (See Sec. January 16,
(Block E), Phase II, 744.11 of the 2025.
Dingye Baitai Biological EAR).
Building, No. 10 Xinghuo
Road, Jiangbei New
District, Nanjing, Jiangsu
Province, China; and Room
412, Main Building, Zhixin
Technology Building, No.
15 Xinghuo Road, Jiangbei
New District, Nanjing,
Jiangsu Province, China.
* * * * * * *
Shanghai Zhipu Huanyu For all items Presumption of denial.. 90 FR [INSERT FR
Technology Co., Ltd., subject to the PAGE NUMBER]
3rd Floor, Building 1, No. EAR. (See Sec. January 16,
400, Fangchun Road, China 744.11 of the 2025.
(Shanghai) Pilot Free EAR).
Trade Zone, Shanghai,
China.
* * * * * * *
Shenzhen Zhipu Future For all items Presumption of denial.. 90 FR [INSERT FR
Technology Co., Ltd., subject to the PAGE NUMBER]
Building A701, Vanke Cloud EAR. (See Sec. January 16,
City Phase 6, Dashi 2nd 744.11 of the 2025.
Road, Xili Community, Xili EAR).
Street, Nanshan District,
Shenzhen, Guangdong
Province, China; and
C1202, Building 2,
Shenzhen Software Industry
Base, No. 87, 89, and 91,
Gaoxin South 10th Road,
Nanshan District,
Shenzhen, Guangdong
Province, China.
* * * * * *
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* * * * * * *
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INDIA
* * * * * *
The following Department of For all items Case-by-case for all 63 FR 64322, 11/
Atomic Energy facilities: subject to the items listed on the 19/98
--Nuclear reactors EAR. CCL. Presumption of 65 FR 14444, 3/
(including power plants) approval for EAR99 17/00
not under International items. See Sec. 66 FR 50090, 10/
Atomic Energy Agency 744.2(d) of the EAR. 1/01
(IAEA) safeguards, 69 FR 56694, 9/
(excluding Kundankulam 1 22/04.
and 2); 90 FR [INSERT FR
--Fuel reprocessing and PAGE NUMBER]
enrichment facilities; and January 16,
--Heavy water production 2025.
facilities and their
collocated ammonia plants.
* * * * * *
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* * * * *
Matthew S. Borman,
Principal Deputy Assistant Secretary for Strategic Trade and Technology
Security.
[FR Doc. 2025-00704 Filed 1-15-25; 8:45 am]
BILLING CODE 3510-33-P
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