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The Federal Register
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Publication Date:
06/30/2022
Agencies:
Bureau of Industry and Security
Dates:
This rule is effective on June 28, 2022.
Effective Date:
06/28/2022
Document Type:
Rule
Document Citation:
87 FR 38920
Page:
38920-38934
(15 pages)
CFR:
15 CFR 744
Agency/Docket Number:
Docket No. 220627-0141
RIN:
0694-AI88
Document Number:
2022-14069
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Docket Number:
BIS-2022-0022
Supporting/Related Materials:
Addition of Entities, Revision and Correction of Entries, and...
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Bureau of Industry and Security, Department of Commerce.
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding 36 entities under 41 entries to the Entity List. These 36 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. These entities will be listed on the Entity List under the destinations of the People's Republic of China (China), Lithuania, Pakistan, the Russian Federation (Russia), Singapore, the United Arab Emirates (UAE), the United Kingdom, Uzbekistan, and Vietnam. Some entities are added under multiple entries, accounting for the difference in the total number of entities and entries in this rule. This rule also revises eleven existing entries under the destinations of Belarus, China, Russia, and Slovakia and corrects one existing entry on the Entity List under the destination of
Start Printed Page 38921
Pakistan. Lastly, this rule removes two entities and one address for a non-listed entity, consisting of one removal of an entity and one removal of an address under the destination of China, and one removal under the destination of Pakistan. The removals from the Entity List are made in connection with requests for removal that BIS received pursuant to the EAR and a review of the information provided in those requests.
This rule is effective on June 28, 2022.
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:
ERC@bis.doc.gov .
The Entity List (supplement no. 4 to part 744 of the EAR) 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. The EAR ( 15 CFR parts 730-774 ) impose additional license requirements on and limit the availability of most license exceptions for exports, reexports, and transfers (in-country) to listed entities.
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. Any license application for an export, reexport, or transfer (in-country) involving an entity on the Entity List that is subject to an additional EAR license requirement will also be reviewed in accordance with the license review policies in the sections of the EAR applicable to those license requirements. For example, for Russian entities on the Entity List, if the export, reexport, or transfer (in-country) is subject to a license requirement in § 746.6, 746.8 or 746.10, the license application will be reviewed in accordance with the license review policies in those sections (as applicable) in addition to the specified license review policy under the Entity List entry.
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. Paragraphs (b)(1) through (5) of § 744.11 include an illustrative list of activities that could be contrary to the national security or foreign policy interests of the United States.
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.
The ERC determined to add the following six entities under ten entries to the Entity List on the basis of § 744.11(b) and under the destinations of China, Lithuania, Russia, the United Kingdom, Uzbekistan, and Vietnam: Connec Electronic Ltd. (added under China and the United Kingdom); King Pai Technology Co., Ltd. (added under China, Russia, and Vietnam); Sinno Electronics Co., Ltd. (added under China and Lithuania); Winninc Electronic (added under China); World Jetta (H.K.) Logistics Limited (added under China); and Promcomplektlogistic Private Company (added under Uzbekistan) for providing support to Russia's military and/or defense industrial base. Specifically, these entities have previously supplied items to Russian entities of concern before February 24, 2022 and continue to contract to supply Russian entity listed and sanctioned parties after Russia's further invasion of Ukraine. This activity is contrary to U.S. national security and foreign policy interests under § 744.11(b) of the EAR. These six entities and their identified subsidiaries are added to the Entity List with a license requirement for all items subject to the EAR. BIS will review license applications for items for these entities under a policy of denial apart from food and medicine designated as EAR99, which will be reviewed on a case-by-case basis. No license exceptions are available for exports, reexports, or transfers (in-country) to these entities.
The ERC determined to add the following twelve entities to the Entity List on the basis of § 744.11(b) under the destination of China: At One Electronics; Blueschip Company Limited; Chen Zhouqian; Chipwinone Electronics; Chuangxinda Electronics-Tech Co., Ltd.; Ehang International Trade
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