Addition of `Military End User' (MEU) List to the Export Administration Regulations and Addition of Entities to the MEU List, 83793-83804 [2020-28052]
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Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 744 and 756
[Docket No. 201215–0344]
RIN 0694–AI34
Addition of ‘Military End User’ (MEU)
List to the Export Administration
Regulations and Addition of Entities to
the MEU List
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
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AGENCY:
SUMMARY: In this final rule, the Bureau
of Industry and Security (BIS) amends
the Export Administration Regulations
(EAR) by adding a new ‘Military End
User’ (MEU) List that includes the first
tranche of entities. The U.S.
Government has determined that these
entities are ‘military end users’ for
purposes of the ‘military end user’
control in the EAR that applies to
specified items for exports, reexports, or
transfers (in-country) to the People’s
Republic of China (China), Russia, and
Venezuela when such items are
destined for a ‘military end user.’ The
existing ‘military end-use’ and ‘military
end user’ controls under the EAR,
including BIS’s authority to inform the
public of a license requirement for an
item due to an unacceptable risk of
diversion to a ‘military end user’ via
amendment to the EAR, are essential for
protecting U.S. national security
interests. The addition of the new MEU
List via amendment to the EAR and this
first tranche of entities is also
responsive to requests received from the
public. This final rule will add one
hundred and two ‘military end users’ to
the MEU List consisting of fifty-seven
under China and forty-five under
Russia. However, the establishment of
the MEU List does not imply that other
parties, not included on the list, are not
subject to the ‘military end-use’ and
‘military end user’ controls under the
EAR.
DATES: This rule is effective December
23, 2020.
FOR FURTHER INFORMATION CONTACT:
Eileen Albanese, Director, Office of
National Security and Technology
Transfer Controls, Bureau of Industry
and Security, Department of Commerce,
Phone: (202) 482–0092 or Email:
eileen.albanese@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
In this rule, the Bureau of Industry
and Security (BIS) amends the Export
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Administration Regulations (EAR) by
adding the new ‘military end user’ list
as supplement no. 7 to part 744—
Military End User (MEU) List. This final
rule also adds the first tranche of
entities to this new list. This final rule
will add one hundred and two ‘military
end users’ to the MEU List consisting of
fifty-seven military end users in China
and forty-five in Russia. These entities
have been determined by the U.S.
Government to be ‘military end users,’
and therefore exports, reexports, or
transfers (in-country) of the designated
items to these parties are exports,
reexports or transfers (in-country) to the
national armed services (army, navy,
marine, air force, or coast guard), the
national guard, the national police,
government intelligence or
reconnaissance organizations, or a
person or entity whose actions or
functions are intended to support
‘military end-uses’ as defined in
§ 744.21(f).
Section 744.21(a) sets forth a license
requirement to exports, reexports, or
transfers (in-country) identified in
supplement no. 2 to part 744 to China,
Russia, and Venezuela, when the
exporter, reexporter, or transferor has
‘‘knowledge’’ that the item is destined
for a ‘military end use’ (as defined in
§ 744.21(f)) or ‘military end user’ (as
defined in § 744.21(g)). Additionally,
pursuant to § 744.21(b), BIS may inform
persons that a license is required for the
export, reexport, or transfer (in-country)
of any item because there is an
unacceptable risk of use in or diversion
to such an end use or end user. With the
creation of the MEU List described
below, BIS ‘is informing’ exporters,
reexporters, and transferors that a
license will be required to export,
reexport, or transfer (in-country) any
item described in supplement no. 2 to
part 744 to these ‘military end users’
that will be identified on the new MEU
List.
This rule does not change the scope
of § 744.21. The addition of the new
MEU List in supplement no. 7 to part
744 and this initial tranche of one
hundred and two ‘military end users’ is
part of the § 744.21(b) ‘is informed’
process and does not imply that other
parties, not included on the list, are not
subject to the prohibition in § 744.21(a).
Adding the new MEU List via an
amendment to the EAR is an effective
way for BIS to inform all potential
exporters, reexporters, and transferors
that all exports, reexports, or transfers
(in-country) of designated items to these
entities represent an unacceptable risk
of use in or diversion to a ‘military end
use’ or a ‘military end user’ for purposes
of § 744.21, and therefore require a
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license. All of the one hundred and two
entities added to the MEU List in
today’s final rule are ‘military end users’
within the definition of § 744.21(g), and
were thus already subject to the
‘military end use’ and ‘military end
user’ requirements under § 744.21. Prior
to this final rule, exporters, reexporters,
or transferors were responsible for
identifying these entities as ‘military
end users’ themselves, assuming they
were not otherwise individually
informed pursuant to the ‘is informed’
process under § 744.21(b). Exporters,
reexporters, or transferors will still be
responsible for ensuring their
transactions are in compliance with the
license requirements set forth in
§ 744.21 because BIS cannot list every
‘military end user’ or party representing
a risk of diversion thereto in the MEU
List, or identify all situations which
could lead to an item being used for a
‘military end use.’ The determinations
that certain entities are ‘military end
users’ are only relevant to the stated
EAR controls and do not apply to
exports, reexports, or transfers subject to
International Traffic in Arms
Regulations (ITAR) or other controls.
The addition of the new MEU list and
this first tranche of one hundred and
two entities is also responsive to
requests received from the public and
draws upon decisions made by BIS in
reviewing license applications under
§ 744.21. Specifically, exporters,
reexporters, or transferors requested in
numerous advisory opinions received
by BIS on the application of § 744.21
since April 28, 2020, as well as from
BIS’s TACs, that BIS identify ‘military
end users’ by name and address in the
regulations, where possible, to facilitate
compliance. For example, BIS has
received over 80 advisory opinions and
emailed requests for guidance on the
April 28 MEU rule, including requests
asking whether 34 specific entities are
considered ‘military end users’ for
purposes of § 744.21. In addition, since
the revisions to the MEU provisions
became effective on June 29, 2020 (the
date the April 28, 2020 final rule (85 FR
23459) that expanded the ‘military enduse’ and ‘military end-user’ control
under § 744.21), there have been several
hundred license applications filed
under § 744.21 (MEU license
applications).
BIS interacts with various exporters,
reexporters, or transferors who may
provide information on potential
‘military end users’ in license
applications or requests for advisory
opinions submitted to BIS, as well as
the additional information resources
available to the U.S. Government;
therefore, as specified in § 744.21(b),
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when BIS identifies an entity as a
‘military end user,’ it may use the ‘is
informed’ process to publish Federal
Register notices adding these ‘military
end users’ to the new MEU List under
supplement no. 7 to part 744. BIS agrees
that identifying ‘military end users’ on
the MEU List, where possible, will ease
the public’s compliance burden and
make for a more effective ‘military end
use’ and ‘end user’ control under
§ 744.21.
The issuance of a separate public list
in the EAR identifying parties
previously listed in ‘is informed’ letters
or for whom licenses were denied due
to their status as a ‘military end user’
under the EAR is desirable because
individual ‘is informed’ letters,
licensing determinations for specific
transactions, and BIS responses to
advisory opinion and email requests are
private and confidential to the
requester. Publishing a list of parties
that already have been determined to be
‘military end-users’ allows the public to
be informed of BIS’s determinations in
these individual cases. Therefore, the
most practical and effective approach is
to publish a Federal Register notice
adding these ‘military end users’ to the
MEU List, so all potential exporters,
reexporters, or transferors are informed
simultaneously.
As described below, BIS is also
amending the EAR to provide clarity on
the process it follows to add entities to
the MEU List, to ensure consistent
treatment of those parties, and to allow
listed parties to request removal from
the list. The initial list of ‘military end
users’ being added to the MEU List in
today’s rule is not exhaustive, and
exporters, reexporters, and transferors
must still conduct due diligence for
parties not on the list (see § 744.21(b)
and supplement no. 3 to part 732—BIS’s
‘‘Know Your Customer’’ Guidance and
Red Flags). As a result, compliance
remains the obligation of the exporter,
reexporter or transferor. Exclusion from
the MEU list is not indicative of
whether or not a license is required. For
example, parties not listed on the MEU
List in this final rule, but included on
the lists made public pursuant to
Section 1237 of the National Defense
Authorization Act of Fiscal Year 1999,
50 U.S.C. 1701 note, would raise a Red
Flag under the EAR and would require
additional due diligence by the
exporter, reexporter, or transferor to
determine whether a license is required
under § 744.21. Additional parties may
be added to or deleted from the MEU
List pursuant to a determination made
by the End-User Review Committee
(ERC) as described below.
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EAR Changes To Add MEU List
In § 744.21 (Restrictions on certain
‘military end use’ or ‘military end user’
in the People’s Republic of China,
Russia, or Venezuela), this final rule
revises paragraph (b) (Additional
prohibition on those informed by BIS)
by adding a new paragraph (b)(1)
(Military End-User’ (MEU) List). Under
new paragraph (b)(1), this final rule
specifies that BIS may designate entities
subject to the additional prohibition
under paragraph (b) based on a
determination by the ERC that the entity
is a ‘military end user,’ and thus inform
the public that those entities are subject
to the license requirements under
paragraph (b). New paragraph (b)(1)
specifies that these ‘military end users’
will be added to the MEU List in
supplement no. 7 to part 744 in Federal
Register notices published by BIS. The
introductory text of paragraph (b)(1) also
reaffirms that the listing of entities in
supplement no. 7 to part 744 is not an
exhaustive listing of ‘military end users’
or entities engaged in ‘military end uses’
and specifies that exporters, reexporters,
or transferors must still conduct their
own due diligence for entities not
identified on the MEU List to determine
whether a license in necessary pursuant
to the criteria set forth in § 744.21.
This final rule adds new paragraph
(b)(1)(i) (End-User Review Committee),
in § 744.21, to identify the member
agencies of the End-User Review
Committee (ERC) and to specify the role
the ERC will play in determining what
entities should be added to MEU List, as
well as approving any modifications or
removals that may be warranted to the
MEU List after entities are added. This
final rule clarifies in new paragraph
(b)(1)(i) that decisions by the ERC for
purposes of the MEU List will be made
following the procedures identified in
§ 744.21 and in supplement no. 5 to part
744—Procedures for End-User Review
Committee Entity List and ‘Military
End-User’ (MEU) List Decisions. The
ERC is an existing interagency group
that also makes determinations for the
Entity List in supplement no. 4 to part
744 as described in § 744.16 and in
supplement no. 5 to part 744. Because
of the ERC’s expertise in dealing with
end users of concern, BIS determined it
was warranted to expand the ERC’s area
of responsibility for parties of concern
to also include determinations for the
new MEU List.
This final rule adds new paragraph
(b)(1)(ii) (License requirement), in
§ 744.21, to specify the license
requirements that apply for entities
listed in supplement no. 7 to part 744.
This final rule specifies that a license is
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required to export, reexport, or transfer
(in-country) any item listed in
supplement no. 2 to part 744 to entities
identified on the MEU List, which is in
addition to the license requirement
applicable to such items intended for
any ‘military end user’ or ‘military end
use’ in China, Russia, or Venezuela
which are not on the MEU List, as
described in § 744.21(a). BIS is
exercising its authority under
§ 744.21(b) to inform exporters,
reexporters, and transferors that entities
on the MEU List are ‘military end users’
for purposes of § 744.21, and thus
exports, reexports, or transfers (in
country) of the specified items to those
entities require a license because they
represent an unacceptable risk of use in
or diversion to a ‘military end use’ or
‘military end user’ in China, Russia, or
Venezuela. This final rule under
paragraph (b)(1)(ii) also clarifies the
scope of the license requirement in
§ 744.21(b), by specifying that it applies
when an entity that is listed on the MEU
List is a party to the transaction as
described in § 748.5(c) through (f) of any
item listed in supplement no. 2 to part
744.
This final rule specifies in the
introductory text of supplement no. 7 to
part 744 that no EAR license exceptions
are available for exports, reexports, or
transfers (in-country) to listed entities
on the MEU List for items specified in
supplement no. 2 to part 744, except
license exceptions for items authorized
under the provisions of License
Exception GOV set forth in
§ 740.11(b)(2)(i) and (ii) as specified in
§ 744.21(c).
This final rule clarifies in the
introductory text of supplement no. 7 to
part 744 that license applications for
entities listed on the MEU list will be
subject to the license application
procedure and license review standards
specified in paragraphs (d) and (e) of
§ 744.21.
This final rule adds a new paragraph
(b)(2) (Requests for removal from or
modification for ‘Military End User’
(MEU) List), in § 744.21, to specify the
process and method for any entity listed
on the MEU List to request that its
listing be removed or modified. In the
introductory text of new paragraph
(b)(2), this final rule specifies that any
listed MEU entity may submit a removal
or modification request. The
introductory text of paragraph (b)(2)
specifies these requests must be
submitted to the ERC at the address
provided. If an entity listed on the MEU
List wants to petition BIS for its removal
or modification, the entity must address
the criteria in § 744.21 of the EAR by
addressing, as applicable, why the
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entity is not a ‘military end user’ or
involved in ‘military end-uses.’
This final rule adds a new paragraph
(b)(2)(i) (Review), in § 744.21, to specify
that the ERC will review such requests
in accordance with the procedures set
forth in supplement no. 5 to part 744,
which is also consistent with the
process for requesting removal or
modification of Entity List entries.
The final rule adds a new paragraph
(b)(2)(ii) (BIS action), in § 744.21, to
specify how an entity that has submitted
a removal or modification request will
be notified in writing by the Deputy
Assistant Secretary for Export
Administration once the decision on the
request is made. This paragraph
(b)(2)(ii) also specifies that the BIS
decision will be the final agency action
on the request.
In § 756.2 (Appeal from an
Administrative Action), as a conforming
change for the addition of paragraph
(b)(2) in § 744.21, this final rule adds
that decisions on requests to remove or
modify a MEU List entry to the list of
administrative actions are not subject to
part 756 appeals under paragraph (a)(3).
Paragraph (a)(3) also specifies that
requests for removals of modifications
from the Entity List and Unverified List
are not subject to part 756 appeals, so
adding the MEU List to this paragraph
will create consistent treatment under
this section for these three EAR lists.
This final rule adds new supplement
no. 7 to part 744—‘Military End User’
(MEU) List. As described in detail
above, the MEU List identifies entities
that have been determined by the ERC
to be ‘military end users’ pursuant to
§ 744.21 of the EAR. That section
imposes additional license requirements
on, and limits the availability of most
license exceptions for, exports,
reexports, and transfers (in-country) to
listed entities on the MEU List, as
specified in supplement no. 7 to part
744 and § 744.21. Entities will be listed
on the new MEU List under the
destinations of China, Russia, or
Venezuela.
The license review policy for each
listed entity is identified in the
introductory text of supplement no. 7 to
part 744 and in § 744.21(b) and (e). The
new MEU List includes introductory
text, which specifies the scope of the
license requirements, limitations on the
use of EAR license exceptions, and the
license review policy that applies to the
entities. These requirements are also
reflected in § 744.21, but for ease of
reference, this final rule also includes
these in the introductory text of the
supplement. The MEU List consists of
three columns: Column 1 (Country)
identifies the three countries where
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entities may be listed (China, Russia,
Venezuela); column 2 (Entity) identifies
the names and addresses of the entities;
and column 3 (Federal Register citation)
identifies the Federal Register citation
for final rules that added or modified
entities on the MEU List. Unlike the
Entity List, the license requirements and
license review policy are the same for
all MEU entities, so there is no need to
include those columns in the MEU List.
Instead, that information is specified in
the introductory text of supplement no.
7 to part 744 and in § 744.21.
This final rule revises existing
supplement no. 5 to part 744
(Procedures For End-User Review
Committee Entity List Decisions), as a
conforming change to add references to
the new MEU List in supplement no. 7
to part 744. This final rule also makes
other minor conforming changes to
supplement no. 5 to part 744 to account
for ERC decisions for additions,
removals and modifications of MEU List
entries, including revising the title of
the supplement to reference the MEU
List and clarifying the process for how
the ERC reviews the Entity List for
making modifications by removing a
reference to annual reviews and simply
stating the ERC reviews the Entity List
and the MEU List regularly for
identifying needed modifications. This
final rule does not make any substantive
changes to the ERC procedures, except
for expanding the scope of ERC
responsibility and procedures, so they
also apply to additions, removals and
modifications of MEU List entries.
Addition of First Tranche of ‘Military
End Users’
As described above, the 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 MEU List in supplement no. 7 to
part 744. The ERC make all decisions to
add an entry to the MEU List by
majority vote and all decisions to
remove or modify an entry by
unanimous vote.
Additions to the MEU List
Under § 744.21(b) of the EAR, BIS
may inform persons either individually
by specific notice, through amendment
to the EAR published in the Federal
Register, or through a separate notice
published in the Federal Register, that
a license is required for specific exports,
reexports, or transfers (in-country) of
any item because there is an
unacceptable risk of use in or diversion
to a ‘military end use’ or ‘military end
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user’ in China, Russia, or Venezuela.
Under § 744.21(b)(1) of the EAR, BIS
may designate entities subject to this
additional prohibition under paragraph
(b) that have been determined by the
ERC to be a ‘military end user’ pursuant
to § 744.21. These entities will be added
to supplement no. 7 to part 744
(‘Military End User’ (MEU) List) in
Federal Register notices published by
BIS.
This rule implements the decision of
the ERC to add one hundred and two
entities to the MEU List. These one
hundred and two entities will be listed
on the MEU List under the destinations
of China and Russia, and a reserved
category for Venezuela will also be
added to the MEU List. The ERC made
the decision to add each of the one
hundred and two entities described
below under the standard set forth in
§ 744.21 of the EAR, including the
criteria for what constitutes a ‘military
end user’ under paragraph (g) and
‘military end use’ under paragraph (f).
The ERC determined to add the fiftyseven entities identified below, under
the destination of China, because the
ERC has determined these entities are
‘military end users’ based on the criteria
in § 744.21(g) and (f).
The ERC determined to add the fortyfive entities identified below, under the
destination of Russia, because the ERC
has determined these entities are
‘military end users’ based on the criteria
in § 744.21(g) and (f).
No license exceptions are available for
exports, reexports, or transfers (incountry) to listed entities on the MEU
List for items specified in supplement
no. 2 to part 744, except license
exceptions for items authorized under
the provisions of License Exception
GOV set forth in § 740.11(b)(2)(i) and (ii)
of the EAR.
For the one hundred and two entities
added to the MEU List by this rule, BIS
imposes a license review policy of a
presumption of denial as set forth in
§ 744.21(e).
The acronym ‘‘a.k.a.’’ (also known as)
is used in entries on the MEU List to
identify aliases, thereby assisting
exporters, reexporters, and transferors in
identifying entities on the MEU List.
For the reasons described above, this
final rule adds the following one
hundred and two entities to the MEU
List:
China
• Academy of Aerospace Solid
Propulsion Technology (AASPT);
• The following eight subordinate
institutions of Aero-Engine Company of
China: AECC Aero Science &
Technology Co. Ltd.; AECC Aviation
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Power Co. Ltd.; AECC Beijing Institute
of Aeronautical. Materials; AECC China
Gas Turbine Establishment; AECC
Commercial Aircraft Engine Co. Ltd.;
AECC Harbin Dongan Engine Co., Ltd.;
AECC Shenyang Liming Aero Engine
Co., Ltd.; and AECC South Industry
Company Limited;
• Anhui Yingliu Hangyuan Power;
• The following seven subordinate
institutions of Aviation Industry
Corporation of China:
AVIC Aircraft Co. Ltd.; AVIC Chengdu
Aircraft Industrial (GROUP) Co., Ltd.;
AVIC Flight Automatic Control
Research Institute (FACRI); AVIC
General Aircraft Huanan Industry Co.
Ltd.; AVIC General Aircraft Zhejiang
Institute Co., Ltd.; AVIC International
Holding Corporation; AVIC Leihua
Electronic Technology Research
Institute (LETRI);
• Baimtec Material Co., Ltd.;
• Beijing Aero Lever Precision Ltd.;
• Beijing Ander Tech. Co., Ltd.;
• Beijing Guang Ming Electronics Co.,
Ltd.;
• Beijing Siyuan Electronic Co., Ltd.;
• CAST Xi’an Spaceflight Engine
Factory;
• Chengdu Holy Aviation Science &
Tech;
• China Aviation Ind. Std. Parts;
• CSSC Xijiang Shipbuilding Co.,
Ltd.;
• Elink Electronic Technology Co.
Ltd.;
• Fly Raise International Limited;
• Fuhua Precision Man. Co.;
• Government Flying Service;
• Guangzhou Hangxin Aviation
Technology Co., Ltd.;
• Guizhou Aviation Tech. Dev. Nat.;
• Guizhou Liyang Intl Manufacturing
Co Ltd.;
• Hafei Aviation Industry Co., Ltd.
(HAFEI);
• Hangzhou Bearing Test & Research
Center Co., Ltd.;
• Harbin General Aircraft Industry
Co., Ltd.;
• Henan Aerospace Precision Mach;
• Hunan South General Aviation
Engine Co., Ltd.;
• Hutchison Optel Telecom
Technology Co., Ltd.;
• Jiangsu Meilong Aviation
Components Co.;
• Jiatai Aircraft Equipment Co., Ltd.;
• Jincheng Group Imp & Exp. Co.
Ltd.;
• Laboratory of Toxicant Analysis,
Institute of Pharmacology and
Toxicology;
• Molecular Devices Shanghai
Corporation;
• Nanjing Engineering Institute of
Aircraft Systems (NEIAS);
• National Satellite Meteorological
Bureau;
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• Second Institute of Oceanography,
Ministry of Natural Resources;
• Shaanxi Aero Electric Co., Ltd.;
• Shaanxi Aircaft Industry Co Ltd.;
• Shanghai Aerospace Equip. Man.;
• Shanghai Aircraft Design and
Research Institute;
• Shanghai Aircraft Manufacturing
Co. Ltd. (SAMC);
• Shanghai Tianlang Electronic
Science Co., Ltd.;
• Shenyang Academy of
Instrumentation Science Co., Ltd.;
• Shenyang Aircraft Corporation;
• Shenyang Xizi Aviation Industry
Co., Ltd.;
• Sichuan Hangte Aviation Tech. Co.,
Ltd.;
• Star Tech Aviation Co., Ltd.;
• Sumec Instruments Equipment Co.
Ltd.;
• Suzhou Eric Mechanics and
Electronics Co. Ltd.;
• Wuxi Hyatech Co., Ltd.;
• Wuxi Paike New Mat. Tech. Co.,
Ltd.;
• Wuxi Turbine Blade Co. Ltd.;
• Xac Group Aviation Electronics
Import & Export Co. Ltd.;
• XAIC Tech (Xi’an) Industrial Co.,
Ltd.;
• Xian Aero-Engine Controls Co.,
Ltd.;
• Xian Aircraft Industrial Company
Limited;
• Xi’an Xae Flying Aviation
Manufacturing Technology Co., Ltd.;
• Xian Xr Aero-Components Co. Ltd.;
• Yibin Sanjiang Machine Co., Ltd.;
and
• Zhejiang Perfect New Material Co.,
Ltd.
Russia
• Admiralty Shipyard JSC;
• Aleksandrov Scientific Research
Technological Institute NITI;
• Argut OOO;
• Communication center of the
Ministry of Defense;
• Federal Research Center Boreskov
Institute of Catalysis;
• Federal State Budgetary Enterprise
of the Administration of the President of
Russia;
• Federal State Budgetary Enterprise
Special Flight Unit Rossiya of the
Administration of the President of
Russia;
• Federal State Unitary Enterprise
Dukhov Automatics Research Institute
(VNIIA);
• Foreign Intelligence Service (SVR);
• Forensic Center of Nizhniy
Novgorod Region Main Directorate of
the Ministry of Interior Affairs;
• Irkut Corporation;
• Irkut Research and Production
Corporation Public Joint Stock
Company;
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• Joint Stock Company Scientific
Research Institute of Computing
Machinery;
• JSC Central Research Institute of
Machine Building (JSC TsNIIMash);
• JSC Rocket and Space Centre—
Progress;
• Kamensk-Uralsky Metallurgical
Works J.S. Co.;
• Kazan Helicopter Plant PJSC;
• Komsomolsk-na-Amur Aviation
Production Organization (KNAAPO);
• Korporatsiya Vsmpo Avisma OAO;
• Ministry of Defence RF;
• Molot Oruzhie;
• NPO High Precision Systems JSC;
• NPO Splav JSC;
• Oboronprom OJSC;
• PJSC Beriev Aircraft Company;
• PJSC Irkut Corporation;
• PJSC Kazan Helicopters;
• POLYUS Research Institute of M.F.
Stelmakh Joint Stock Company;
• Promtech-Dubna, JSC;
• Public Joint Stock Company United
Aircraft Corporation;
• Radiotechnical and Information
Systems (RTI) Concern;
• Rapart Services LLC;
• Rosoboronexport OJSC (ROE);
• Rostec (Russian Technologies State
Corporation);
• Rostekh—Azimuth;
• Russian Aircraft Corporation MiG;
• Russian Helicopters JSC;
• Sukhoi Aviation JSC;
• Sukhoi Civil Aircraft;
• Tactical Missiles Corporation JSC;
• Tupolev JSC;
• UEC-Saturn;
• United Aircraft Corporation;
• United Engine Corporation; and
• United Instrument Manufacturing
Corporation.
Venezuela
This final rule adds and reserves a
blank entry listing Venezuela in the
Country column, but does not add any
‘military end users’ to the MEU List
under Venezuela at this time. This final
rule clarifies here that for purposes of
§ 744.21, entities of the U.S.-recognized
interim government of Venezuela are
not considered ‘military end users’ or
engaged in ‘military end uses’ for
purposes of the EAR.
Savings Clause
Shipments of items removed from
eligibility for a License Exception or
export or reexport without a license
(NLR) as a result of this regulatory
action that were en route aboard a
carrier to a port of export or reexport, on
December 23, 2020, pursuant to actual
orders for export or reexport to a foreign
destination, may proceed to that
destination under the previous
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Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations
eligibility for a License Exception or
export or reexport without a license
(NLR).
jbell on DSKJLSW7X2PROD with RULES
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. Sections 4801–4852). ECRA
provides the legal basis for BIS’s
principal authorities and serves as the
authority under which BIS issues this
rule.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
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
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been determined to be not
significant for purposes of Executive
Order 12866. This rule is not an
Executive Order 13771 regulatory action
because this rule is not significant under
Executive Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to nor 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 collections previously
approved by OMB under control
number 0694–0088, Simplified Network
Application Processing System, which
includes, among other things, license
applications and carries a burden
estimate of 42.5 minutes for a manual or
electronic submission, and OMB control
number 0694–0134, Entity List and
Unverified List Requests. Total burden
hours associated with the PRA and
OMB control number 0694–0088 are not
expected to increase as a result of this
rule, but are expected to slightly
increase under OMB control number
0694–0134 because of the estimated
thirteen removal or modification
requests for the MEU List that BIS may
receive each year. Each removal or
modification request is estimated to
VerDate Sep<11>2014
16:31 Dec 22, 2020
Jkt 253001
impose a burden of 15 hours, so 15 × 13
is estimated to result in a burden
increase of 195 hours under OMB
control number 0694–0134.
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 (50
U.S.C. 4801–4852), 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
15 CFR Part 744
Exports, Reporting and recordkeeping
requirements, Terrorism.
15 CFR Part 756
Administrative practice and
procedure, Exports, Penalties.
Accordingly, part 744 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
PART 744—[AMENDED]
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, 2020,
85 FR 59641 (September 22, 2020); Notice of
November 12, 2020, 85 FR 72897 (November
13, 2020).
2. Section 744.21 is amended by
revising paragraph (b) to read as follows:
■
§ 744.21 Restrictions on Certain ‘Military
End Use’ or ‘Military End User’ in the
People’s Republic of China, Russia, or
Venezuela.
*
*
*
*
*
(b) Additional prohibition on those
informed by BIS. BIS may inform you
either individually by specific notice,
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
83797
through amendment to the EAR
published in the Federal Register, or
through a separate notice published in
the Federal Register, that a license is
required for specific exports, reexports,
or transfers (in-country) of any item
because there is an unacceptable risk of
use in or diversion to a ‘military end
use’ or ‘military end user’ in China,
Russia, or Venezuela. Specific notice
will be given only by, or at the direction
of, the Deputy Assistant Secretary for
Export Administration. When such
notice is provided orally, it will be
followed by written notice within two
working days signed by the Deputy
Assistant Secretary for Export
Administration or the Deputy Assistant
Secretary’s designee. The absence of BIS
notification does not excuse the
exporter from compliance with the
license requirements of paragraph (a) of
this section.
(1) ‘Military End-User’ (MEU) List BIS
may inform and provide notice to the
public that certain entities are subject to
the additional prohibition described
under this paragraph (b) following a
determination by the End-User Review
Committee (ERC) that a specific entity is
a ‘military end user’ pursuant to this
section and therefore any exports,
reexports, or transfers (in-country) to
that entity represent an unacceptable
risk of use in or diversion to a ‘military
end use’ or ‘military end user’ in China,
Russia, or Venezuela. Such entities may
be added to supplement no. 7 to part
744—‘Military End-User’ (MEU) List
through Federal Register notices
published by BIS, and will thus be
subject to a license requirement for
exports, reexports, or transfers (incountry) of items specified in
supplement no. 2 to part 744. The
listing of entities under supplement no.
7 to part 744 is not an exhaustive listing
of ‘military end users’ for purposes of
this section. Exporters, reexporters, and
transferors are responsible for
determining whether transactions with
entities not listed on supplement no. 7
to part 744 are subject to a license
requirement under paragraph (a) of this
section. The process in paragraph this
(b)(1) for placing entities on the MEU
List is only one method BIS may use to
inform exporters, reexporters, and
transferors of license requirements
under this section.
(i) End-User Review Committee (ERC).
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 MEU List. Decisions by the ERC for
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Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations
purposes of the MEU List will be made
following the procedures identified in
this section and in supplement no. 5 to
part 744—Procedures for End-User
Review Committee Entity List and
‘Military End User’ (MEU) List
Decisions.
(ii) License requirement for parties to
the transaction. The license requirement
for entities listed in supplement no. 7 to
part 744 applies to the export, reexport,
or transfer (in-country) of any item
subject to the EAR listed in supplement
no. 2 to part 744 when an entity that is
listed on the MEU List is a party to the
transaction as described in § 748.5(c)
through (f).
(2) Requests for removal from or
modification of ‘Military End User’
(MEU) List. Any entity listed on the
MEU List may request that its listing be
removed or modified. All such requests,
including reasons therefor, must be in
writing and sent to: Chair, End-User
Review Committee, Bureau of Industry
and Security, U.S. Department of
Commerce, 14th Street and
Pennsylvania Avenue NW, Room 3886,
Washington, DC 20230. In order for an
entity listed on the MEU List to petition
BIS for their removal or modification, as
applicable, the entity must address why
the entity is not a ‘military end user’ for
purposes of § 744.21.
(i) Review. The ERC will review such
requests for removal or modification in
accordance with the procedures set
forth in supplement no. 5 to this part.
(ii) BIS action. The Deputy Assistant
Secretary for Export Administration will
convey the decision on the request to
the requester in writing. That decision
will be the final agency action on the
request.
*
*
*
*
*
■ 3. Supplement no. 5 to part 744 is
revised to read as follows:
jbell on DSKJLSW7X2PROD with RULES
Supplement No. 5 to Part 744—
Procedures for End-User Review
Committee Entity List and ‘Military End
User’ (MEU) List Decisions
The End-User Review Committee
(ERC), composed of representatives of
the Departments of Commerce, State,
Defense, Energy and, where appropriate,
the Treasury, will make all decisions to
make additions to, removals from or
changes to the Entity List and the
‘Military End User’ (MEU) List. The ERC
will be chaired by the Department of
Commerce and will make all decisions
to add an entry to the Entity List and
MEU List by majority vote and all
decisions to remove or modify an entry
by unanimous vote.
When determining to add an entity to
the Entity List or MEU List or to modify
VerDate Sep<11>2014
16:31 Dec 22, 2020
Jkt 253001
an existing entry, the ERC will also
specify the section or sections of the
EAR that provide the basis for that
determination. All additions and
modifications to the MEU List are done
pursuant to § 744.21(b). The license
requirements, the license application
review policy, or the availability of
license exceptions for entities on the
MEU List are specified in § 744.21
under paragraphs (b) to (e). In addition,
for the Entity List if the section or
sections that form the basis for an
addition or modification do not specify
the license requirements, the license
application review policy, or the
availability of license exceptions, the
ERC will specify the license
requirements, the license application
review policy and which license
exceptions (if any) will be available for
shipments to that entity.
Any agency that participates in the
ERC may make a proposal for an
addition to, modification of, or removal
of an entry from the Entity List or MEU
List by submitting that proposal to the
chairperson.
The ERC will vote on each proposal
no later than 30 days after the
chairperson first circulates it to all
member agencies unless the ERC
unanimously agrees to postpone the
vote. If a member agency is not satisfied
with the outcome of the vote of the ERC
that agency may escalate the matter to
the Advisory Committee on Export
Policy (ACEP). A member agency that is
not satisfied with the decision of the
ACEP may escalate the matter to the
Export Administration Review Board
(EARB). An agency that is not satisfied
with the decision of the EARB may
escalate the matter to the President.
The composition of the ACEP and
EARB as well as the procedures and
time frames shall be the same as those
specified in Executive Order 12981 as
amended by Executive Orders 13020,
13026 and 13117 for license
applications. If at any stage, a decision
by majority vote is not obtained by the
prescribed deadline the matter shall be
raised to the next level.
A final decision by the ERC (or the
ACEP or EARB or the President, as may
be applicable in a particular case) to
make an addition to, modification of, or
removal of an entry from the Entity List
or MEU List shall operate as clearance
by all member agencies to publish the
addition, modification or removal as an
amendment to the Entity List or MEU
List even if, in the case of a decision by
the ERC to add an entry or any decision
by the ACEP or EARB, such decision is
not unanimous. Such amendments will
not be further reviewed through the
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Fmt 4700
Sfmt 4700
regular Export Administration
Regulations interagency review process.
A proposal by the ERC to make any
change to the EAR other than an
addition to, modification of, or removal
of an entry from the Entity List or MEU
List shall operate as a recommendation
and shall not be treated as interagency
clearance of an EAR amendment. The
chairperson of the ERC will be
responsible for circulating to all member
agencies proposals submitted to him or
her by any member agency. The
chairperson will be responsible for
serving as secretary to the ACEP and
EARB for all review of ERC matters. The
chairperson will communicate all final
decisions that require Entity List or
MEU List amendments, to the Bureau of
Industry and Security which shall be
responsible for drafting the necessary
changes to the Entity List and MEU List.
If the ERC decides in a particular case
that a party should be informed
individually instead of by EAR
amendment the chairperson will be
responsible for preparing the ‘‘is
informed’’ letter for the signature of the
Deputy Assistant Secretary for Export
Administration.
A listed entity may present a request
to remove or modify its Entity List or
the MEU List entry along with
supporting information to the chairman
at Room 3886, U.S. Department of
Commerce, 14th Street and
Pennsylvania Avenue NW, Washington,
DC 20230. The chairperson shall refer
all such requests and supporting
information to all member agencies. The
member agencies will review and vote
on all such requests. The time frames,
procedures and right of escalation by a
member agency that is dissatisfied with
the results that apply to proposals made
by a member agency shall apply to these
requests. The decision of the ERC (or the
ACEP or EARB or the President, as may
be applicable in a particular case) shall
be the final agency decision on the
request and shall not be appealable
under part 756 of the EAR. The
chairperson will prepare the response to
the party who made the request. The
response will state the decision on the
request and the fact that the response is
the final agency decision on the request.
The response will be signed by the
Deputy Assistant Secretary for Export
Administration.
The End-User Review Committee will
conduct regular reviews of the Entity
List and MEU List for the purpose of
determining whether any listed entities
should be removed or modified. The
review will include analysis of whether
the criteria for listing the entity are still
applicable and research to determine
whether the name(s) and address(es) of
E:\FR\FM\23DER1.SGM
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Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations
each entity are accurate and complete
and whether any affiliates of each listed
entity should be added or removed.
■ 4. Add Supplement No. 7 to part 744
to read as follows:
The addition reads as follows:
Supplement No. 7 to Part 744—
‘Military End-User’ (MEU) List
The license requirement for entities
listed in supplement no. 7 to part 744
applies to the export, reexport, or
transfer (in-country) of any item subject
to the EAR listed in supplement no. 2
to part 744. A license is required to
export, reexport, or transfer (in-country)
any item subject to the EAR listed in
supplement no. 2 to part 744 when an
entity that is listed on the MEU List is
a party to the transaction as described
in § 748.5(c) through (f). No license
exceptions are available for exports,
reexports or transfers (in-country) to
listed entities on the MEU List for items
specified in supplement no. 2 to part
744, except license exceptions for items
authorized under the provisions of
License Exception GOV set forth in
§ 740.11(b)(2)(i) and (ii) of the EAR as
specified in § 744.21(c). The license
application procedure and license
review policy for entities specified in
supplement no. 2 to part 744 is
specified in § 744.21(d) and (e).
Country
Entity
Federal Register
citation
CHINA, PEOPLE’S REPUBLIC OF.
Academy of Aerospace Solid Propulsion Technology (AASPT), Tian Wang te Zi #1, Baqiao District,
Xian, China.
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
The following eight subordinate institutions of Aero-Engine Company of China:
Subordinate institution:
AECC Aero Science & Technology Co. Ltd., Cheng-fa Industrial Park, ShuLong Road, SanHe Block,
Sichuan, Chengdu, China..
AECC Aviation Power Co. Ltd., Xiujia Bay, Weiyong Dt., Xian 710021, China.
Subordinate institution:
AECC Beijing Institute of Aeronautical. Materials, No. 8 Hangcai Avenue, Beijing, Haidian District,
China.
Subordinate institution:
AECC China Gas Turbine Establishment, No. 1 Hangkong Road, Mianyang, Sichuan Province, China.
Subordinate institution:
AECC Commercial Aircraft Engine Co. Ltd., No. 3998 South Lianhua Road, Shanghai 200241,
Minhang District, China.
Subordinate institution:
AECC Harbin Dongan Engine Co., Ltd., No. 51 Baoguo Street, Haerbin 150036, China.
Subordinate institution:
AECC Shenyang Liming Aero Engine Co., Ltd., No. 6 Dongta Street, Shenyang 110043, China.
Subordinate instituion:
AECC South Industry Company Limited, 95 Xinghua West Road, Zhuzhou 412002, China.
Anhui Yingliu Hangyuan Power, 96 West Pihe Rd., Hengshan Town, Jiangxi, Shangrao, China ............
The following seven subordinate institutions of Aviation Industry Corporation of China:
Subordinate instituion:
AVIC Aircraft Co. Ltd., No. 1 Xifei Avenue, Xian 710089, Yanliang District, China.
Subordinate instituion:
AVIC Chengdu Aircraft Industrial (GROUP) Co., Ltd., No. 88 Weiyi Road, Huang Tianba, Chengdu
610091, China.
Subordinate instituion:
AVIC Flight Automatic Control Research Institute (FACRI), No. 92 Dianzi 1st Road, AVIC No 618 Institute, Xian 710065, China.
Subordinate instituion:
AVIC General Aircraft Huanan Industry Co. Ltd., No. 999, Jinhai Middle Road, Jinwan District, Building
201Z Huhai 519040, Guangdong Province, China.
Subordinate instituion:
AVIC General Aircraft Zhejiang Institute Co., Ltd., Floor 9, Building 1, 48 KeYuan Road, ZheJiang,
China.
Subordinate instituion:
AVIC International Holding Corporation, No. 18 Beichen East Road, Beijing 100101 Chaoyang District,
China.
Subordinate instituion:
AVIC Leihua Electronic Technology Research Institute (LETRI), No. 796 Liangxi Road, Binhu District
214063, China.
Baimtec Material Co., Ltd., No 5, Yongxiang North Road, Yongfeng Ind, Beijing 100094, China ............
jbell on DSKJLSW7X2PROD with RULES
83799
Beijing Aero Lever Precision Ltd., Houju St No. 3 Changping, High Tec Park, Beijing 102200, China ....
Beijing Ander Tech. Co., Ltd. No. C22, Yu An Rd., Area B, Tianzhu, Beijing 101318, China ..................
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16:31 Dec 22, 2020
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85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
83800
Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations
Entity
Federal Register
citation
Beijing Guang Ming Electronics Co., Ltd., No. 41 Yu Qiao Bei Li, Tongzhou District, Beijing 101100,
China.
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
Country
Beijing Siyuan Electronic Co., Ltd., Satellite Building, No. 63 Zhichun Road, Haidian District, Beijing
100086, China.
CAST Xi’an Spaceflight Engine Factory, a.k.a., the following one alias:
—7103 Factory.
7103 Factory No 6 Academy No 69, Shenzhou Second Road, Aerospace Base, Xian, China..
Chengdu Holy Aviation Science & Tech, No. 220, Tongjiang Road, Pengzhou City, Sichuan 611936,
China.
China Aviation Ind. Std. Parts No. 355, Baiyun S. Road, Baiyun Dist, Gui Yang 550014, China ............
CSSC Xijiang Shipbuilding Co., Ltd., No. 133 Fenghuang Road, Liuzhou City, Guangxi 572000, China
Elink Electronic Technology Co. Ltd., Room 717, Building 41, No. 8633 Zhongchun Road, Minhang
District, Shanghai, China.
Fly Raise International Limited, Unit 04 7/F Bright Way Tower, No. 33 Mong Kok Road, Kowloon
999077, Hong Kong.
Fuhua Precision Man. Co, Fanhua Ave and Wanfoshan Rd, Taohua Ind. Park, Hefei City, Jingkai Dist,
China.
Government Flying Service, 18 South Perimeter Road, Hong Kong Int’l Airport, Lantau, Hong Kong .....
Guangzhou Hangxin Aviation Technology Co., Ltd., No. 1 Guangbao Road, Guangzhou Luogang District, China.
Guizhou Aviation Tech. Dev. Nat., Shangbashan Road, Guiyang City, China ..........................................
Guizhou Liyang Intl Manufacturing Co Ltd., No. 1 Gaotie Road, Anshun City 561102 Guizhou, China ...
Hafei Aviation Industry Co., Ltd. (HAFEI), Nancheng Rd No. 2, HARBIN 150066, Heilongjiang Province, China.
Hangzhou Bearing Test & Research Center Co., Ltd., No. 333 Hua Feng Road, Hangzhou, Zhejiang,
China.
Harbin General Aircraft Industry Co., Ltd., a.k.a., the following one alias:
—Harbin Hafei Aviation Industry Co. Ltd.
15 Youxie Street, Harbin 150066, Pingfang District, China.
Henan Aerospace Precision Mach, 15 Xinnan Road, Xinyang 464000, China .........................................
Hunan South General Aviation Engine Co., Ltd., Dongjiaduan, Hi-Tech Industry Zone, Zhuzhou, Hunan
412000, Lusong District, China.
Hutchison Optel Telecom Technology Co., Ltd., G–3, No. 67–1, Ke Yuan 3th Road, Chongqing Hitech
Industrial Development Zone, Chongqing 400041, China.
Jiangsu Meilong Aviation Components Co., No. 88 Wufengshang Road, Suzhou, Zhenjiang 212132,
China.
jbell on DSKJLSW7X2PROD with RULES
Jiatai Aircraft Equipment Co., Ltd., No. 1 ZhongHang Ave., Fancheng District, Xiangyang City, Hubei
Province, China.
Jincheng Group Imp & Exp. Co. Ltd. Floor 26th Jincheng Plaza, 216 Middle Longpan Road, Nanjing,
Jiangsu 210002, China.
Laboratory of Toxicant Analysis, Institute of Pharmacology and Toxicology, No. 27 Taiping Road, Beijing, Haidian District, China.
VerDate Sep<11>2014
16:31 Dec 22, 2020
Jkt 253001
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23DER1
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
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AND 12/23/2020].
85 FR [INSERT FR
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AND 12/23/2020].
85 FR [INSERT FR
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AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations
Entity
Federal Register
citation
Molecular Devices Shanghai Corporation, No. 239 GangAo Road, WaiGaoQiao Free Trade Zone,
Room 318, 3F, Building 2, Shanghai, China.
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
PAGE NUMBER
AND 12/23/2020].
85 FR [INSERT FR
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AND 12/23/2020].
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Nanjing Engineering Institute of Aircraft Systems (NEIAS), 33 Shuige Road, Jiangning Economic Development Zone, Nanjing 211106, China.
National Satellite Meteorological Bureau, No. 46 Baishiqiao Road, HaiDian District, Beijing 100081,
China.
Second Institute of Oceanography, Ministry of Natural Resources, No. 36 Baochubei Road, Hangzhou
310012, Hangzhou Xihu District, China.
Shaanxi Aero Electric Co., Ltd., 17th, Jinye 2 Road, Xian High Tech Zone Xian, China .........................
Shaanxi Aircaft Industry Co Ltd., P.O. 34, Hanzhong City 723213, Shaanxi Province, China .................
Shanghai Aerospace Equip. Man., No. 100 Huaning Road, Shanghai 200245, China .............................
Shanghai Aircraft Design and Research Institute, No. 5 Yun Jin Road, Shanghai 200232, China ..........
Shanghai Aircraft Manufacturing Co. Ltd. (SAMC), No. 919 Shangfei Road, Shanghai 201324, Pudong
New District, China.
Shanghai Tianlang Electronic Science Co., Ltd., 1500 Qinjiagang Road, Room 112 & 6, Shanghai,
Pudong New Area, China.
Shenyang Academy of Instrumentation Science Co., Ltd., No. 242, Baihai Street, Shenyang 110043,
Dadong District, China.
Shenyang Aircraft Corporation, 1 Lingbei Street, Shenyang 110000, Huanggu District, China ................
Shenyang Xizi Aviation Industry Co., Ltd., 76–43 Shenbei Road, Shenyang 110136, China ...................
Sichuan Hangte Aviation Tech. Co., Ltd., No. 269, 3rd Tengfei Road, Southwest Airport Economy Development Zone, Chengdu 61000, China.
Star Tech Aviation Co., Ltd., Unit E1, 15/F, 41–43 Au Pui Wan Street, On Wah IND Bldg, Shatin, New
Territories, Hong Kong 999077, Hong Kong.
Sumec Instruments Equipment Co. Ltd., 198 Changjiang Road, 14/F Nanjing 210018, China ................
Suzhou Eric Mechanics and Electronics Co. Ltd., No. 8 Huqiao Road, Suzhou, China ...........................
Wuxi Hyatech Co., Ltd., No. 35 Xindong an Road, Wuxi, China ...............................................................
Wuxi Paike New Mat. Tech. Co., Ltd., No. 22 Lianhe Rd., Hudai Ind. Park, Wuxi Binhu District, China
Wuxi Turbine Blade Co. Ltd., 1800 Huishan Ave., Economic Zone, Wuxi 214174, China .......................
Xac Group Aviation Electronics Import & Export Co. Ltd., 70# West Ave of Renmin, Xian 710089,
Yanliang District, China.
jbell on DSKJLSW7X2PROD with RULES
XAIC Tech (Xi’an) Industrial Co., Ltd. No. 1 Xifei Road, Xian Yanliang District, China ............................
Xian Aero-Engine Controls Co., Ltd., 750 Daqing Road, Xian, China .......................................................
Xian Aircraft Industrial Company Limited, No. 1 Xifei Avenue, Shanxi, Yanliang District, China ..............
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Xi’an Xae Flying Aviation Manufacturing Technology Co., Ltd., No.12 Fengcheng Road, Xian 710018,
Weiyang District, China.
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Xian Xr Aero- Components Co. Ltd., Hongqi East Road, Xian 710021, China .........................................
Yibin Sanjiang Machine Co., Ltd., No. 72 MinJiangBei Road, Yibin 64407, Sichuan, China ....................
Zhejiang Perfect New Material Co., Ltd., No. 28, Dingsheng Road, Leidian Town, Deqing County,
HuZhou City, China.
RUSSIA .............
Admiralty Shipyard JSC, 203, Fontanka Emb., 190121, St. Peterburg, Russia ........................................
Aleksandrov Scientific Research Technological Institute NITI, Koporskoe Highway, House 72, Sosnovy
Bor, Russia.
Argut OOO, 6 Mnevniki str end 6 fl, Moscow 123308, Russia ..................................................................
Communication center of the Ministry of Defense, Bolshoi Znamenskiy per. 21, Moscow, Russia ..........
Federal Research Center Boreskov Institute of Catalysis, pr. Lavrentieva 5, Novosibirsk 630090, Russia.
Federal State Budgetary Enterprise of the Administration of the President of Russia, 1-ya Reysovaya
Street, 1, Moscow 119027, Russia.
Federal State Budgetary Enterprise Special Flight Unit Rossiya of the Administration of the President
of Russia, 1-ya Reysovaya Street, 1, Moscow 119027, Russia.
Federal State Unitary Enterprise Dukhov Automatics Research Institute (VNIIA), 22, Sushchevskaya
UI, Moscow 127055RU.
Foreign Intelligence Service (SVR), Yasenevo 11 Kolpachny, Moscow, 0101000 ....................................
Forensic Center of Nizhniy Novgorod Region Main Directorate of the Ministry of Interior Affairs, Gorkiy
Street, 71, Nizhniy Novgorod 603950, Russia.
Irkut Corporation, Leningradsky Prospect 68, Moscow 125315, Russia ...................................................
Irkut Research and Production Corporation Public Joint Stock Company, 68 Leningradsky Prospect,
Moscow 125315, Russia.
Joint Stock Company Scientific Research Institute of Computing Machinery, Melnichnaya Street, 31,
Kirov 610025, Russia.
JSC Central Research Institute of Machine Building (JSC TsNIIMash), Pionerskaya Street, 4, korpus
22, Moskovskaya obl., Korolov 141070, Russia.
JSC Rocket and Space Centre—Progress, Zemetsa Street 18, Samarskaya Oblast, Samara 443009,
Russia.
Kamensk-Uralsky Metallurgical Works J.S. Co., 5 Zavodskaya St., Kamensk Uralsky, 623405
Sverdlovsk region, Russia.
Kazan Helicopter Plant PJSC, Tetsevskaya St, Kazan 420085, Russia ...................................................
jbell on DSKJLSW7X2PROD with RULES
Komsomolsk-na-Amur Aviation Production Organization
Komsomolsk-on-Amur, Khabarovsky Krai, Russia 618018.
(KNAAPO),
1
Sovetskaya
Street,
Korporatsiya Vsmpo Avisma OAO, Parkovaya Street 1, Verkhnaya Salda, Sverdlovsk region 624760,
Russia.
Ministry of Defence RF, 19 Znamenka Str, Moscow 119160, Russia .......................................................
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Molot Oruzhie, 612960, Kirov Oblast, Vyatskie Polyany, st. Lenin 135, Russia ........................................
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NPO High Precision Systems JSC, Kievskaya Street 7, Moscow, Russia ................................................
NPO Splav JSC, 33 ul. Shcheglov Kaya Zaseka Tula, 300004 Russia ....................................................
Oboronprom OJSC, 29/141 Vereiskaya Street, Moscow, 121357 Russia .................................................
PJSC Beriev Aircraft Company, 1 Aviatorov Square, Taganrog 347923, Russia ......................................
PJSC Irkut Corporation, Regional Aircraft 26 Leninskaya Sloboda, Moscow 115280, Russia .................
PJSC Kazan Helicopters, Tetsevskaya Street, 14, Kazan, Tatarstan Republic 420085, Russia ..............
POLYUS Research Institute of M.F. Stelmakh Joint Stock Company, Building 1, 3 Vvedenskogo
Street, Moscow, 117342, Russia.
Promtech-Dubna, JSC, Programmistov st., 4, room 364, Dubna, Moscow 141983, Russia .....................
Public Joint Stock Company United Aircraft Corporation, Bolshaya Pionerskaya, Moscow 115054, Russia.
Radiotechnical and Information Systems (RTI) Concern, 127083, Moscow, 8 marta, 10/1 Russia ..........
Rapart Services LLC, Aeroportovskaya str. 6/2, Solnechnogorskiy region, Dubrobki 141580, Russia .....
Rosoboronexport OJSC (ROE), Strada Strominka 27, Moscow, 107076 Russia ......................................
Rostekh—Azimuth, Building 2, 5 Suite X Room 15 Floor 2, Narishkinskaya Alleya, Moscow 125167,
Russia.
Rostec (Russian Technologies State Corporation), 24 Usacheva Street, Moscow, Russia 119048 .........
Russian Aircraft Corporation MiG, Leningradskoe highway, 6, building 1, Moscow, 125171 Russia .......
Russian Helicopters JSC, Bolshaya Pionerskaya, 1, Moscow, 123610 Russia ........................................
Sukhoi Aviation JSC, Polikarpov str., 23B, Moscow, 125284 Russia ........................................................
Sukhoi Civil Aircraft, 1 Sovetskaya Street, Komsomolsk-On-Amur 681018, Russia; and 15 Tupoleva
Street, OP JSC SCA, Zukhovskiy 140180, Russia; and 23b Bld 2 Polikarpova St, Moscow 125824,
Russia; and 26, Bld. 5, Leninskaya Sloboda Street, Moscow, 115280, Russia; and Antonova Avenue
1, Ulianovsk 432072, Russia; and Leningradskaya Street 80/4A, Komsomolsk-On-Amur 681007,
Russia.
Tactical Missiles Corporation JSC, KorolevIlyicha Street, 7, 141080, Russia ...........................................
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Tupolev JSC, Academician Tupolev Embankment 17, Moscow, 105005, Russia ....................................
UEC-Saturn, 163 Lenin Avenue, Rybinsk 152903, Yavoslavl Region, Russia ..........................................
United Aircraft Corporation, Bolshaya Pionerskaya str., 1, Moscow, 115054, Russia ..............................
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United Engine Corporation, 16, Budyonny Avenue, Moscow, 105118 Russia ..........................................
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United Instrument Manufacturing Corporation, Vereiskaya 29, str. 141, Moscow, Russia ........................
VENEZUELA .....
[RESERVED] ...............................................................................................................................................
PART 756—[AMENDED]
5. The authority citation for part 756
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.; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.
6. Section 756.2 is amended by
revising paragraph (a)(3) to read as
follows:
■
§ 756.2 Appeal from an administrative
action.
(a) * * *
(3) A decision on a request to remove
or modify an Entity List entry made
pursuant to § 744.16 of the EAR, a
decision on a request to remove or
modify an Unverified List entry made
pursuant to § 744.15 of the EAR, or a
request to remove or modify a Military
End User entry made pursuant to
§ 744.21(b) of the EAR.
*
*
*
*
*
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2020–28052 Filed 12–22–20; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 361
[Docket No. 201014–0270]
RIN 0625–AB18
Aluminum Import Monitoring and
Analysis System
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Final rule.
jbell on DSKJLSW7X2PROD with RULES
AGENCY:
SUMMARY: In this final rule, the U.S.
Department of Commerce (Commerce)
adopts the Aluminum Import
Monitoring and Analysis (AIM) system
by promulgating new regulations that
establish a website for the AIM system
that consists of an online aluminum
import license application platform and
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public AIM monitor; require importers,
customs brokers or their agents to apply
for and obtain an import license for each
entry of certain aluminum products into
the United States through the AIM
system website; require license
applicants to identify, among other
requirements, the country or countries
where the largest and the second largest
volume of primary aluminum used in
the manufacture of the imported
aluminum product was smelted (subject
to certain exceptions) and the country
where the aluminum product was most
recently cast; allow for the public
release of certain import license data on
an aggregate basis, as appropriate, on
the public AIM monitor; and apply the
license requirement to all imports of
basic aluminum products. Further,
Commerce is adopting the aluminum
import license application form in
accordance with the Paperwork
Reduction Act (PRA). Lastly, Commerce
is notifying parties that, after the AIM
system is in place, Commerce will seek
additional comment from parties on
potential improvements or changes to
the system in a subsequent notice.
DATES:
Effective date: January 25, 2021.
Applicability date: The AIM system
website will be operational on January
4, 2021. Therefore, potential license
applicants will be able to obtain their
user identification numbers and apply
for licenses beginning on January 4,
2021. Licenses will be required for all
covered aluminum imports on or after
January 25, 2021. For further
information regarding a one-year delay
for portions of the final rule, see
SUPPLEMENTARY INFORMATION.
ADDRESSES: The new AIM system
website that will be operational on
January 4, 2021 is https://
www.trade.gov/aluminum. Through this
website, potential license applicants can
register for the online license
application platform and apply for
licenses. Additionally, the public AIM
monitor is also featured on this website.
More information can be found at
https://www.trade.gov/aluminum.
Commerce is offering a virtual
demonstration of the online license
application platform for potential
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license applicants. Commerce is also
offering a virtual demonstration of the
public AIM monitor, which is available
to the general public. Although the
demonstrations will be completely
virtual, Commerce will have a limited
number of spots available for
participation in the demonstrations, that
will occur prior to the effective date of
this rule. For specific dates and times of
the demonstrations, and to participate
in the demonstrations, please visit
https://www.trade.gov/aluminum.
FOR FURTHER INFORMATION CONTACT: Julie
Al-Saadawi at (202) 482–1930, Brandon
Custard at (202) 482–1823, or Jessica
Link at (202) 482–1411.
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2019, the United States
announced joint understandings with
Canada and Mexico, respectively,
concerning trade in aluminum covered
by the action taken pursuant to Section
232 of the Trade Expansion Act of 1962,
as amended. Among other things, the
understandings call for the monitoring
of aluminum trade between the United
States and Canada and Mexico,
respectively. Consistent with the joint
understandings, and to enhance U.S.
Government monitoring and analysis of
aluminum products more generally,
Commerce published a proposed rule on
April 29, 2020 to establish the AIM
system. The goal of the AIM system is
to allow for the effective and timely
monitoring of import surges of specific
aluminum products and to aid in the
prevention of transshipment of
aluminum products. Over the past two
decades, Commerce has operated the
similar recently updated Steel Import
Monitoring and Analysis (SIMA) system
that allows for the effective and timely
monitoring of import surges of specific
steel products, and aids in the
prevention of transshipment of steel
products.
Modeling the AIM System on the SIMA
System
To the extent practicable, the AIM
System will operate in a similar manner
as the SIMA system, which has been
operating under its current authority
E:\FR\FM\23DER1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Rules and Regulations]
[Pages 83793-83804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28052]
[[Page 83793]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 744 and 756
[Docket No. 201215-0344]
RIN 0694-AI34
Addition of `Military End User' (MEU) List to the Export
Administration Regulations and Addition of Entities to the MEU List
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
amends the Export Administration Regulations (EAR) by adding a new
`Military End User' (MEU) List that includes the first tranche of
entities. The U.S. Government has determined that these entities are
`military end users' for purposes of the `military end user' control in
the EAR that applies to specified items for exports, reexports, or
transfers (in-country) to the People's Republic of China (China),
Russia, and Venezuela when such items are destined for a `military end
user.' The existing `military end-use' and `military end user' controls
under the EAR, including BIS's authority to inform the public of a
license requirement for an item due to an unacceptable risk of
diversion to a `military end user' via amendment to the EAR, are
essential for protecting U.S. national security interests. The addition
of the new MEU List via amendment to the EAR and this first tranche of
entities is also responsive to requests received from the public. This
final rule will add one hundred and two `military end users' to the MEU
List consisting of fifty-seven under China and forty-five under Russia.
However, the establishment of the MEU List does not imply that other
parties, not included on the list, are not subject to the `military
end-use' and `military end user' controls under the EAR.
DATES: This rule is effective December 23, 2020.
FOR FURTHER INFORMATION CONTACT: Eileen Albanese, Director, Office of
National Security and Technology Transfer Controls, Bureau of Industry
and Security, Department of Commerce, Phone: (202) 482-0092 or Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
In this rule, the Bureau of Industry and Security (BIS) amends the
Export Administration Regulations (EAR) by adding the new `military end
user' list as supplement no. 7 to part 744--Military End User (MEU)
List. This final rule also adds the first tranche of entities to this
new list. This final rule will add one hundred and two `military end
users' to the MEU List consisting of fifty-seven military end users in
China and forty-five in Russia. These entities have been determined by
the U.S. Government to be `military end users,' and therefore exports,
reexports, or transfers (in-country) of the designated items to these
parties are exports, reexports or transfers (in-country) to the
national armed services (army, navy, marine, air force, or coast
guard), the national guard, the national police, government
intelligence or reconnaissance organizations, or a person or entity
whose actions or functions are intended to support `military end-uses'
as defined in Sec. 744.21(f).
Section 744.21(a) sets forth a license requirement to exports,
reexports, or transfers (in-country) identified in supplement no. 2 to
part 744 to China, Russia, and Venezuela, when the exporter,
reexporter, or transferor has ``knowledge'' that the item is destined
for a `military end use' (as defined in Sec. 744.21(f)) or `military
end user' (as defined in Sec. 744.21(g)). Additionally, pursuant to
Sec. 744.21(b), BIS may inform persons that a license is required for
the export, reexport, or transfer (in-country) of any item because
there is an unacceptable risk of use in or diversion to such an end use
or end user. With the creation of the MEU List described below, BIS `is
informing' exporters, reexporters, and transferors that a license will
be required to export, reexport, or transfer (in-country) any item
described in supplement no. 2 to part 744 to these `military end users'
that will be identified on the new MEU List.
This rule does not change the scope of Sec. 744.21. The addition
of the new MEU List in supplement no. 7 to part 744 and this initial
tranche of one hundred and two `military end users' is part of the
Sec. 744.21(b) `is informed' process and does not imply that other
parties, not included on the list, are not subject to the prohibition
in Sec. 744.21(a). Adding the new MEU List via an amendment to the EAR
is an effective way for BIS to inform all potential exporters,
reexporters, and transferors that all exports, reexports, or transfers
(in-country) of designated items to these entities represent an
unacceptable risk of use in or diversion to a `military end use' or a
`military end user' for purposes of Sec. 744.21, and therefore require
a license. All of the one hundred and two entities added to the MEU
List in today's final rule are `military end users' within the
definition of Sec. 744.21(g), and were thus already subject to the
`military end use' and `military end user' requirements under Sec.
744.21. Prior to this final rule, exporters, reexporters, or
transferors were responsible for identifying these entities as
`military end users' themselves, assuming they were not otherwise
individually informed pursuant to the `is informed' process under Sec.
744.21(b). Exporters, reexporters, or transferors will still be
responsible for ensuring their transactions are in compliance with the
license requirements set forth in Sec. 744.21 because BIS cannot list
every `military end user' or party representing a risk of diversion
thereto in the MEU List, or identify all situations which could lead to
an item being used for a `military end use.' The determinations that
certain entities are `military end users' are only relevant to the
stated EAR controls and do not apply to exports, reexports, or
transfers subject to International Traffic in Arms Regulations (ITAR)
or other controls.
The addition of the new MEU list and this first tranche of one
hundred and two entities is also responsive to requests received from
the public and draws upon decisions made by BIS in reviewing license
applications under Sec. 744.21. Specifically, exporters, reexporters,
or transferors requested in numerous advisory opinions received by BIS
on the application of Sec. 744.21 since April 28, 2020, as well as
from BIS's TACs, that BIS identify `military end users' by name and
address in the regulations, where possible, to facilitate compliance.
For example, BIS has received over 80 advisory opinions and emailed
requests for guidance on the April 28 MEU rule, including requests
asking whether 34 specific entities are considered `military end users'
for purposes of Sec. 744.21. In addition, since the revisions to the
MEU provisions became effective on June 29, 2020 (the date the April
28, 2020 final rule (85 FR 23459) that expanded the `military end-use'
and `military end-user' control under Sec. 744.21), there have been
several hundred license applications filed under Sec. 744.21 (MEU
license applications).
BIS interacts with various exporters, reexporters, or transferors
who may provide information on potential `military end users' in
license applications or requests for advisory opinions submitted to
BIS, as well as the additional information resources available to the
U.S. Government; therefore, as specified in Sec. 744.21(b),
[[Page 83794]]
when BIS identifies an entity as a `military end user,' it may use the
`is informed' process to publish Federal Register notices adding these
`military end users' to the new MEU List under supplement no. 7 to part
744. BIS agrees that identifying `military end users' on the MEU List,
where possible, will ease the public's compliance burden and make for a
more effective `military end use' and `end user' control under Sec.
744.21.
The issuance of a separate public list in the EAR identifying
parties previously listed in `is informed' letters or for whom licenses
were denied due to their status as a `military end user' under the EAR
is desirable because individual `is informed' letters, licensing
determinations for specific transactions, and BIS responses to advisory
opinion and email requests are private and confidential to the
requester. Publishing a list of parties that already have been
determined to be `military end-users' allows the public to be informed
of BIS's determinations in these individual cases. Therefore, the most
practical and effective approach is to publish a Federal Register
notice adding these `military end users' to the MEU List, so all
potential exporters, reexporters, or transferors are informed
simultaneously.
As described below, BIS is also amending the EAR to provide clarity
on the process it follows to add entities to the MEU List, to ensure
consistent treatment of those parties, and to allow listed parties to
request removal from the list. The initial list of `military end users'
being added to the MEU List in today's rule is not exhaustive, and
exporters, reexporters, and transferors must still conduct due
diligence for parties not on the list (see Sec. 744.21(b) and
supplement no. 3 to part 732--BIS's ``Know Your Customer'' Guidance and
Red Flags). As a result, compliance remains the obligation of the
exporter, reexporter or transferor. Exclusion from the MEU list is not
indicative of whether or not a license is required. For example,
parties not listed on the MEU List in this final rule, but included on
the lists made public pursuant to Section 1237 of the National Defense
Authorization Act of Fiscal Year 1999, 50 U.S.C. 1701 note, would raise
a Red Flag under the EAR and would require additional due diligence by
the exporter, reexporter, or transferor to determine whether a license
is required under Sec. 744.21. Additional parties may be added to or
deleted from the MEU List pursuant to a determination made by the End-
User Review Committee (ERC) as described below.
EAR Changes To Add MEU List
In Sec. 744.21 (Restrictions on certain `military end use' or
`military end user' in the People's Republic of China, Russia, or
Venezuela), this final rule revises paragraph (b) (Additional
prohibition on those informed by BIS) by adding a new paragraph (b)(1)
(Military End-User' (MEU) List). Under new paragraph (b)(1), this final
rule specifies that BIS may designate entities subject to the
additional prohibition under paragraph (b) based on a determination by
the ERC that the entity is a `military end user,' and thus inform the
public that those entities are subject to the license requirements
under paragraph (b). New paragraph (b)(1) specifies that these
`military end users' will be added to the MEU List in supplement no. 7
to part 744 in Federal Register notices published by BIS. The
introductory text of paragraph (b)(1) also reaffirms that the listing
of entities in supplement no. 7 to part 744 is not an exhaustive
listing of `military end users' or entities engaged in `military end
uses' and specifies that exporters, reexporters, or transferors must
still conduct their own due diligence for entities not identified on
the MEU List to determine whether a license in necessary pursuant to
the criteria set forth in Sec. 744.21.
This final rule adds new paragraph (b)(1)(i) (End-User Review
Committee), in Sec. 744.21, to identify the member agencies of the
End-User Review Committee (ERC) and to specify the role the ERC will
play in determining what entities should be added to MEU List, as well
as approving any modifications or removals that may be warranted to the
MEU List after entities are added. This final rule clarifies in new
paragraph (b)(1)(i) that decisions by the ERC for purposes of the MEU
List will be made following the procedures identified in Sec. 744.21
and in supplement no. 5 to part 744--Procedures for End-User Review
Committee Entity List and `Military End-User' (MEU) List Decisions. The
ERC is an existing interagency group that also makes determinations for
the Entity List in supplement no. 4 to part 744 as described in Sec.
744.16 and in supplement no. 5 to part 744. Because of the ERC's
expertise in dealing with end users of concern, BIS determined it was
warranted to expand the ERC's area of responsibility for parties of
concern to also include determinations for the new MEU List.
This final rule adds new paragraph (b)(1)(ii) (License
requirement), in Sec. 744.21, to specify the license requirements that
apply for entities listed in supplement no. 7 to part 744. This final
rule specifies that a license is required to export, reexport, or
transfer (in-country) any item listed in supplement no. 2 to part 744
to entities identified on the MEU List, which is in addition to the
license requirement applicable to such items intended for any `military
end user' or `military end use' in China, Russia, or Venezuela which
are not on the MEU List, as described in Sec. 744.21(a). BIS is
exercising its authority under Sec. 744.21(b) to inform exporters,
reexporters, and transferors that entities on the MEU List are
`military end users' for purposes of Sec. 744.21, and thus exports,
reexports, or transfers (in country) of the specified items to those
entities require a license because they represent an unacceptable risk
of use in or diversion to a `military end use' or `military end user'
in China, Russia, or Venezuela. This final rule under paragraph
(b)(1)(ii) also clarifies the scope of the license requirement in Sec.
744.21(b), by specifying that it applies when an entity that is listed
on the MEU List is a party to the transaction as described in Sec.
748.5(c) through (f) of any item listed in supplement no. 2 to part
744.
This final rule specifies in the introductory text of supplement
no. 7 to part 744 that no EAR license exceptions are available for
exports, reexports, or transfers (in-country) to listed entities on the
MEU List for items specified in supplement no. 2 to part 744, except
license exceptions for items authorized under the provisions of License
Exception GOV set forth in Sec. 740.11(b)(2)(i) and (ii) as specified
in Sec. 744.21(c).
This final rule clarifies in the introductory text of supplement
no. 7 to part 744 that license applications for entities listed on the
MEU list will be subject to the license application procedure and
license review standards specified in paragraphs (d) and (e) of Sec.
744.21.
This final rule adds a new paragraph (b)(2) (Requests for removal
from or modification for `Military End User' (MEU) List), in Sec.
744.21, to specify the process and method for any entity listed on the
MEU List to request that its listing be removed or modified. In the
introductory text of new paragraph (b)(2), this final rule specifies
that any listed MEU entity may submit a removal or modification
request. The introductory text of paragraph (b)(2) specifies these
requests must be submitted to the ERC at the address provided. If an
entity listed on the MEU List wants to petition BIS for its removal or
modification, the entity must address the criteria in Sec. 744.21 of
the EAR by addressing, as applicable, why the
[[Page 83795]]
entity is not a `military end user' or involved in `military end-uses.'
This final rule adds a new paragraph (b)(2)(i) (Review), in Sec.
744.21, to specify that the ERC will review such requests in accordance
with the procedures set forth in supplement no. 5 to part 744, which is
also consistent with the process for requesting removal or modification
of Entity List entries.
The final rule adds a new paragraph (b)(2)(ii) (BIS action), in
Sec. 744.21, to specify how an entity that has submitted a removal or
modification request will be notified in writing by the Deputy
Assistant Secretary for Export Administration once the decision on the
request is made. This paragraph (b)(2)(ii) also specifies that the BIS
decision will be the final agency action on the request.
In Sec. 756.2 (Appeal from an Administrative Action), as a
conforming change for the addition of paragraph (b)(2) in Sec. 744.21,
this final rule adds that decisions on requests to remove or modify a
MEU List entry to the list of administrative actions are not subject to
part 756 appeals under paragraph (a)(3). Paragraph (a)(3) also
specifies that requests for removals of modifications from the Entity
List and Unverified List are not subject to part 756 appeals, so adding
the MEU List to this paragraph will create consistent treatment under
this section for these three EAR lists.
This final rule adds new supplement no. 7 to part 744--`Military
End User' (MEU) List. As described in detail above, the MEU List
identifies entities that have been determined by the ERC to be
`military end users' pursuant to Sec. 744.21 of the EAR. That section
imposes additional license requirements on, and limits the availability
of most license exceptions for, exports, reexports, and transfers (in-
country) to listed entities on the MEU List, as specified in supplement
no. 7 to part 744 and Sec. 744.21. Entities will be listed on the new
MEU List under the destinations of China, Russia, or Venezuela.
The license review policy for each listed entity is identified in
the introductory text of supplement no. 7 to part 744 and in Sec.
744.21(b) and (e). The new MEU List includes introductory text, which
specifies the scope of the license requirements, limitations on the use
of EAR license exceptions, and the license review policy that applies
to the entities. These requirements are also reflected in Sec. 744.21,
but for ease of reference, this final rule also includes these in the
introductory text of the supplement. The MEU List consists of three
columns: Column 1 (Country) identifies the three countries where
entities may be listed (China, Russia, Venezuela); column 2 (Entity)
identifies the names and addresses of the entities; and column 3
(Federal Register citation) identifies the Federal Register citation
for final rules that added or modified entities on the MEU List. Unlike
the Entity List, the license requirements and license review policy are
the same for all MEU entities, so there is no need to include those
columns in the MEU List. Instead, that information is specified in the
introductory text of supplement no. 7 to part 744 and in Sec. 744.21.
This final rule revises existing supplement no. 5 to part 744
(Procedures For End-User Review Committee Entity List Decisions), as a
conforming change to add references to the new MEU List in supplement
no. 7 to part 744. This final rule also makes other minor conforming
changes to supplement no. 5 to part 744 to account for ERC decisions
for additions, removals and modifications of MEU List entries,
including revising the title of the supplement to reference the MEU
List and clarifying the process for how the ERC reviews the Entity List
for making modifications by removing a reference to annual reviews and
simply stating the ERC reviews the Entity List and the MEU List
regularly for identifying needed modifications. This final rule does
not make any substantive changes to the ERC procedures, except for
expanding the scope of ERC responsibility and procedures, so they also
apply to additions, removals and modifications of MEU List entries.
Addition of First Tranche of `Military End Users'
As described above, the 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 MEU List in supplement no.
7 to part 744. The ERC make all decisions to add an entry to the MEU
List by majority vote and all decisions to remove or modify an entry by
unanimous vote.
Additions to the MEU List
Under Sec. 744.21(b) of the EAR, BIS may inform persons either
individually by specific notice, through amendment to the EAR published
in the Federal Register, or through a separate notice published in the
Federal Register, that a license is required for specific exports,
reexports, or transfers (in-country) of any item because there is an
unacceptable risk of use in or diversion to a `military end use' or
`military end user' in China, Russia, or Venezuela. Under Sec.
744.21(b)(1) of the EAR, BIS may designate entities subject to this
additional prohibition under paragraph (b) that have been determined by
the ERC to be a `military end user' pursuant to Sec. 744.21. These
entities will be added to supplement no. 7 to part 744 (`Military End
User' (MEU) List) in Federal Register notices published by BIS.
This rule implements the decision of the ERC to add one hundred and
two entities to the MEU List. These one hundred and two entities will
be listed on the MEU List under the destinations of China and Russia,
and a reserved category for Venezuela will also be added to the MEU
List. The ERC made the decision to add each of the one hundred and two
entities described below under the standard set forth in Sec. 744.21
of the EAR, including the criteria for what constitutes a `military end
user' under paragraph (g) and `military end use' under paragraph (f).
The ERC determined to add the fifty-seven entities identified
below, under the destination of China, because the ERC has determined
these entities are `military end users' based on the criteria in Sec.
744.21(g) and (f).
The ERC determined to add the forty-five entities identified below,
under the destination of Russia, because the ERC has determined these
entities are `military end users' based on the criteria in Sec.
744.21(g) and (f).
No license exceptions are available for exports, reexports, or
transfers (in-country) to listed entities on the MEU List for items
specified in supplement no. 2 to part 744, except license exceptions
for items authorized under the provisions of License Exception GOV set
forth in Sec. 740.11(b)(2)(i) and (ii) of the EAR.
For the one hundred and two entities added to the MEU List by this
rule, BIS imposes a license review policy of a presumption of denial as
set forth in Sec. 744.21(e).
The acronym ``a.k.a.'' (also known as) is used in entries on the
MEU List to identify aliases, thereby assisting exporters, reexporters,
and transferors in identifying entities on the MEU List.
For the reasons described above, this final rule adds the following
one hundred and two entities to the MEU List:
China
Academy of Aerospace Solid Propulsion Technology (AASPT);
The following eight subordinate institutions of Aero-
Engine Company of China: AECC Aero Science & Technology Co. Ltd.; AECC
Aviation
[[Page 83796]]
Power Co. Ltd.; AECC Beijing Institute of Aeronautical. Materials; AECC
China Gas Turbine Establishment; AECC Commercial Aircraft Engine Co.
Ltd.; AECC Harbin Dongan Engine Co., Ltd.; AECC Shenyang Liming Aero
Engine Co., Ltd.; and AECC South Industry Company Limited;
Anhui Yingliu Hangyuan Power;
The following seven subordinate institutions of Aviation
Industry Corporation of China:
AVIC Aircraft Co. Ltd.; AVIC Chengdu Aircraft Industrial (GROUP)
Co., Ltd.; AVIC Flight Automatic Control Research Institute (FACRI);
AVIC General Aircraft Huanan Industry Co. Ltd.; AVIC General Aircraft
Zhejiang Institute Co., Ltd.; AVIC International Holding Corporation;
AVIC Leihua Electronic Technology Research Institute (LETRI);
Baimtec Material Co., Ltd.;
Beijing Aero Lever Precision Ltd.;
Beijing Ander Tech. Co., Ltd.;
Beijing Guang Ming Electronics Co., Ltd.;
Beijing Siyuan Electronic Co., Ltd.;
CAST Xi'an Spaceflight Engine Factory;
Chengdu Holy Aviation Science & Tech;
China Aviation Ind. Std. Parts;
CSSC Xijiang Shipbuilding Co., Ltd.;
Elink Electronic Technology Co. Ltd.;
Fly Raise International Limited;
Fuhua Precision Man. Co.;
Government Flying Service;
Guangzhou Hangxin Aviation Technology Co., Ltd.;
Guizhou Aviation Tech. Dev. Nat.;
Guizhou Liyang Intl Manufacturing Co Ltd.;
Hafei Aviation Industry Co., Ltd. (HAFEI);
Hangzhou Bearing Test & Research Center Co., Ltd.;
Harbin General Aircraft Industry Co., Ltd.;
Henan Aerospace Precision Mach;
Hunan South General Aviation Engine Co., Ltd.;
Hutchison Optel Telecom Technology Co., Ltd.;
Jiangsu Meilong Aviation Components Co.;
Jiatai Aircraft Equipment Co., Ltd.;
Jincheng Group Imp & Exp. Co. Ltd.;
Laboratory of Toxicant Analysis, Institute of Pharmacology
and Toxicology;
Molecular Devices Shanghai Corporation;
Nanjing Engineering Institute of Aircraft Systems (NEIAS);
National Satellite Meteorological Bureau;
Second Institute of Oceanography, Ministry of Natural
Resources;
Shaanxi Aero Electric Co., Ltd.;
Shaanxi Aircaft Industry Co Ltd.;
Shanghai Aerospace Equip. Man.;
Shanghai Aircraft Design and Research Institute;
Shanghai Aircraft Manufacturing Co. Ltd. (SAMC);
Shanghai Tianlang Electronic Science Co., Ltd.;
Shenyang Academy of Instrumentation Science Co., Ltd.;
Shenyang Aircraft Corporation;
Shenyang Xizi Aviation Industry Co., Ltd.;
Sichuan Hangte Aviation Tech. Co., Ltd.;
Star Tech Aviation Co., Ltd.;
Sumec Instruments Equipment Co. Ltd.;
Suzhou Eric Mechanics and Electronics Co. Ltd.;
Wuxi Hyatech Co., Ltd.;
Wuxi Paike New Mat. Tech. Co., Ltd.;
Wuxi Turbine Blade Co. Ltd.;
Xac Group Aviation Electronics Import & Export Co. Ltd.;
XAIC Tech (Xi'an) Industrial Co., Ltd.;
Xian Aero-Engine Controls Co., Ltd.;
Xian Aircraft Industrial Company Limited;
Xi'an Xae Flying Aviation Manufacturing Technology Co.,
Ltd.;
Xian Xr Aero-Components Co. Ltd.;
Yibin Sanjiang Machine Co., Ltd.; and
Zhejiang Perfect New Material Co., Ltd.
Russia
Admiralty Shipyard JSC;
Aleksandrov Scientific Research Technological Institute
NITI;
Argut OOO;
Communication center of the Ministry of Defense;
Federal Research Center Boreskov Institute of Catalysis;
Federal State Budgetary Enterprise of the Administration
of the President of Russia;
Federal State Budgetary Enterprise Special Flight Unit
Rossiya of the Administration of the President of Russia;
Federal State Unitary Enterprise Dukhov Automatics
Research Institute (VNIIA);
Foreign Intelligence Service (SVR);
Forensic Center of Nizhniy Novgorod Region Main
Directorate of the Ministry of Interior Affairs;
Irkut Corporation;
Irkut Research and Production Corporation Public Joint
Stock Company;
Joint Stock Company Scientific Research Institute of
Computing Machinery;
JSC Central Research Institute of Machine Building (JSC
TsNIIMash);
JSC Rocket and Space Centre--Progress;
Kamensk-Uralsky Metallurgical Works J.S. Co.;
Kazan Helicopter Plant PJSC;
Komsomolsk-na-Amur Aviation Production Organization
(KNAAPO);
Korporatsiya Vsmpo Avisma OAO;
Ministry of Defence RF;
Molot Oruzhie;
NPO High Precision Systems JSC;
NPO Splav JSC;
Oboronprom OJSC;
PJSC Beriev Aircraft Company;
PJSC Irkut Corporation;
PJSC Kazan Helicopters;
POLYUS Research Institute of M.F. Stelmakh Joint Stock
Company;
Promtech-Dubna, JSC;
Public Joint Stock Company United Aircraft Corporation;
Radiotechnical and Information Systems (RTI) Concern;
Rapart Services LLC;
Rosoboronexport OJSC (ROE);
Rostec (Russian Technologies State Corporation);
Rostekh--Azimuth;
Russian Aircraft Corporation MiG;
Russian Helicopters JSC;
Sukhoi Aviation JSC;
Sukhoi Civil Aircraft;
Tactical Missiles Corporation JSC;
Tupolev JSC;
UEC-Saturn;
United Aircraft Corporation;
United Engine Corporation; and
United Instrument Manufacturing Corporation.
Venezuela
This final rule adds and reserves a blank entry listing Venezuela
in the Country column, but does not add any `military end users' to the
MEU List under Venezuela at this time. This final rule clarifies here
that for purposes of Sec. 744.21, entities of the U.S.-recognized
interim government of Venezuela are not considered `military end users'
or engaged in `military end uses' for purposes of the EAR.
Savings Clause
Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were en route aboard a carrier to a port of
export or reexport, on December 23, 2020, pursuant to actual orders for
export or reexport to a foreign destination, may proceed to that
destination under the previous
[[Page 83797]]
eligibility for a License Exception or export or reexport without a
license (NLR).
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. Sections 4801-4852). ECRA provides the legal
basis for BIS's principal authorities and serves as the authority under
which BIS issues this rule.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866. This rule is not an Executive Order
13771 regulatory action because this rule is not significant under
Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to nor 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
collections previously approved by OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications and carries a burden estimate of
42.5 minutes for a manual or electronic submission, and OMB control
number 0694-0134, Entity List and Unverified List Requests. Total
burden hours associated with the PRA and OMB control number 0694-0088
are not expected to increase as a result of this rule, but are expected
to slightly increase under OMB control number 0694-0134 because of the
estimated thirteen removal or modification requests for the MEU List
that BIS may receive each year. Each removal or modification request is
estimated to impose a burden of 15 hours, so 15 x 13 is estimated to
result in a burden increase of 195 hours under OMB control number 0694-
0134.
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 (50 U.S.C. 4801-4852), 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
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
15 CFR Part 756
Administrative practice and procedure, Exports, Penalties.
Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:
PART 744--[AMENDED]
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, 2020, 85 FR 59641 (September 22, 2020); Notice of
November 12, 2020, 85 FR 72897 (November 13, 2020).
0
2. Section 744.21 is amended by revising paragraph (b) to read as
follows:
Sec. 744.21 Restrictions on Certain `Military End Use' or `Military
End User' in the People's Republic of China, Russia, or Venezuela.
* * * * *
(b) Additional prohibition on those informed by BIS. BIS may inform
you either individually by specific notice, through amendment to the
EAR published in the Federal Register, or through a separate notice
published in the Federal Register, that a license is required for
specific exports, reexports, or transfers (in-country) of any item
because there is an unacceptable risk of use in or diversion to a
`military end use' or `military end user' in China, Russia, or
Venezuela. Specific notice will be given only by, or at the direction
of, the Deputy Assistant Secretary for Export Administration. When such
notice is provided orally, it will be followed by written notice within
two working days signed by the Deputy Assistant Secretary for Export
Administration or the Deputy Assistant Secretary's designee. The
absence of BIS notification does not excuse the exporter from
compliance with the license requirements of paragraph (a) of this
section.
(1) `Military End-User' (MEU) List BIS may inform and provide
notice to the public that certain entities are subject to the
additional prohibition described under this paragraph (b) following a
determination by the End-User Review Committee (ERC) that a specific
entity is a `military end user' pursuant to this section and therefore
any exports, reexports, or transfers (in-country) to that entity
represent an unacceptable risk of use in or diversion to a `military
end use' or `military end user' in China, Russia, or Venezuela. Such
entities may be added to supplement no. 7 to part 744--`Military End-
User' (MEU) List through Federal Register notices published by BIS, and
will thus be subject to a license requirement for exports, reexports,
or transfers (in-country) of items specified in supplement no. 2 to
part 744. The listing of entities under supplement no. 7 to part 744 is
not an exhaustive listing of `military end users' for purposes of this
section. Exporters, reexporters, and transferors are responsible for
determining whether transactions with entities not listed on supplement
no. 7 to part 744 are subject to a license requirement under paragraph
(a) of this section. The process in paragraph this (b)(1) for placing
entities on the MEU List is only one method BIS may use to inform
exporters, reexporters, and transferors of license requirements under
this section.
(i) End-User Review Committee (ERC). 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 MEU List. Decisions by the ERC for
[[Page 83798]]
purposes of the MEU List will be made following the procedures
identified in this section and in supplement no. 5 to part 744--
Procedures for End-User Review Committee Entity List and `Military End
User' (MEU) List Decisions.
(ii) License requirement for parties to the transaction. The
license requirement for entities listed in supplement no. 7 to part 744
applies to the export, reexport, or transfer (in-country) of any item
subject to the EAR listed in supplement no. 2 to part 744 when an
entity that is listed on the MEU List is a party to the transaction as
described in Sec. 748.5(c) through (f).
(2) Requests for removal from or modification of `Military End
User' (MEU) List. Any entity listed on the MEU List may request that
its listing be removed or modified. All such requests, including
reasons therefor, must be in writing and sent to: Chair, End-User
Review Committee, Bureau of Industry and Security, U.S. Department of
Commerce, 14th Street and Pennsylvania Avenue NW, Room 3886,
Washington, DC 20230. In order for an entity listed on the MEU List to
petition BIS for their removal or modification, as applicable, the
entity must address why the entity is not a `military end user' for
purposes of Sec. 744.21.
(i) Review. The ERC will review such requests for removal or
modification in accordance with the procedures set forth in supplement
no. 5 to this part.
(ii) BIS action. The Deputy Assistant Secretary for Export
Administration will convey the decision on the request to the requester
in writing. That decision will be the final agency action on the
request.
* * * * *
0
3. Supplement no. 5 to part 744 is revised to read as follows:
Supplement No. 5 to Part 744--Procedures for End-User Review Committee
Entity List and `Military End User' (MEU) List Decisions
The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce, State, Defense, Energy and, where
appropriate, the Treasury, will make all decisions to make additions
to, removals from or changes to the Entity List and the `Military End
User' (MEU) List. The ERC will be chaired by the Department of Commerce
and will make all decisions to add an entry to the Entity List and MEU
List by majority vote and all decisions to remove or modify an entry by
unanimous vote.
When determining to add an entity to the Entity List or MEU List or
to modify an existing entry, the ERC will also specify the section or
sections of the EAR that provide the basis for that determination. All
additions and modifications to the MEU List are done pursuant to Sec.
744.21(b). The license requirements, the license application review
policy, or the availability of license exceptions for entities on the
MEU List are specified in Sec. 744.21 under paragraphs (b) to (e). In
addition, for the Entity List if the section or sections that form the
basis for an addition or modification do not specify the license
requirements, the license application review policy, or the
availability of license exceptions, the ERC will specify the license
requirements, the license application review policy and which license
exceptions (if any) will be available for shipments to that entity.
Any agency that participates in the ERC may make a proposal for an
addition to, modification of, or removal of an entry from the Entity
List or MEU List by submitting that proposal to the chairperson.
The ERC will vote on each proposal no later than 30 days after the
chairperson first circulates it to all member agencies unless the ERC
unanimously agrees to postpone the vote. If a member agency is not
satisfied with the outcome of the vote of the ERC that agency may
escalate the matter to the Advisory Committee on Export Policy (ACEP).
A member agency that is not satisfied with the decision of the ACEP may
escalate the matter to the Export Administration Review Board (EARB).
An agency that is not satisfied with the decision of the EARB may
escalate the matter to the President.
The composition of the ACEP and EARB as well as the procedures and
time frames shall be the same as those specified in Executive Order
12981 as amended by Executive Orders 13020, 13026 and 13117 for license
applications. If at any stage, a decision by majority vote is not
obtained by the prescribed deadline the matter shall be raised to the
next level.
A final decision by the ERC (or the ACEP or EARB or the President,
as may be applicable in a particular case) to make an addition to,
modification of, or removal of an entry from the Entity List or MEU
List shall operate as clearance by all member agencies to publish the
addition, modification or removal as an amendment to the Entity List or
MEU List even if, in the case of a decision by the ERC to add an entry
or any decision by the ACEP or EARB, such decision is not unanimous.
Such amendments will not be further reviewed through the regular Export
Administration Regulations interagency review process.
A proposal by the ERC to make any change to the EAR other than an
addition to, modification of, or removal of an entry from the Entity
List or MEU List shall operate as a recommendation and shall not be
treated as interagency clearance of an EAR amendment. The chairperson
of the ERC will be responsible for circulating to all member agencies
proposals submitted to him or her by any member agency. The chairperson
will be responsible for serving as secretary to the ACEP and EARB for
all review of ERC matters. The chairperson will communicate all final
decisions that require Entity List or MEU List amendments, to the
Bureau of Industry and Security which shall be responsible for drafting
the necessary changes to the Entity List and MEU List. If the ERC
decides in a particular case that a party should be informed
individually instead of by EAR amendment the chairperson will be
responsible for preparing the ``is informed'' letter for the signature
of the Deputy Assistant Secretary for Export Administration.
A listed entity may present a request to remove or modify its
Entity List or the MEU List entry along with supporting information to
the chairman at Room 3886, U.S. Department of Commerce, 14th Street and
Pennsylvania Avenue NW, Washington, DC 20230. The chairperson shall
refer all such requests and supporting information to all member
agencies. The member agencies will review and vote on all such
requests. The time frames, procedures and right of escalation by a
member agency that is dissatisfied with the results that apply to
proposals made by a member agency shall apply to these requests. The
decision of the ERC (or the ACEP or EARB or the President, as may be
applicable in a particular case) shall be the final agency decision on
the request and shall not be appealable under part 756 of the EAR. The
chairperson will prepare the response to the party who made the
request. The response will state the decision on the request and the
fact that the response is the final agency decision on the request. The
response will be signed by the Deputy Assistant Secretary for Export
Administration.
The End-User Review Committee will conduct regular reviews of the
Entity List and MEU List for the purpose of determining whether any
listed entities should be removed or modified. The review will include
analysis of whether the criteria for listing the entity are still
applicable and research to determine whether the name(s) and
address(es) of
[[Page 83799]]
each entity are accurate and complete and whether any affiliates of
each listed entity should be added or removed.
0
4. Add Supplement No. 7 to part 744 to read as follows:
The addition reads as follows:
Supplement No. 7 to Part 744--`Military End-User' (MEU) List
The license requirement for entities listed in supplement no. 7 to
part 744 applies to the export, reexport, or transfer (in-country) of
any item subject to the EAR listed in supplement no. 2 to part 744. A
license is required to export, reexport, or transfer (in-country) any
item subject to the EAR listed in supplement no. 2 to part 744 when an
entity that is listed on the MEU List is a party to the transaction as
described in Sec. 748.5(c) through (f). No license exceptions are
available for exports, reexports or transfers (in-country) to listed
entities on the MEU List for items specified in supplement no. 2 to
part 744, except license exceptions for items authorized under the
provisions of License Exception GOV set forth in Sec. 740.11(b)(2)(i)
and (ii) of the EAR as specified in Sec. 744.21(c). The license
application procedure and license review policy for entities specified
in supplement no. 2 to part 744 is specified in Sec. 744.21(d) and
(e).
----------------------------------------------------------------------------------------------------------------
Country Entity Federal Register citation
----------------------------------------------------------------------------------------------------------------
CHINA, PEOPLE'S REPUBLIC OF.......... Academy of Aerospace Solid Propulsion 85 FR [INSERT FR PAGE NUMBER AND
Technology (AASPT), Tian Wang te Zi 12/23/2020].
#1, Baqiao District, Xian, China.
The following eight subordinate
institutions of Aero-Engine Company of
China:
Subordinate institution:
AECC Aero Science & Technology Co.
Ltd., Cheng-fa Industrial Park,
ShuLong Road, SanHe Block, Sichuan,
Chengdu, China..
AECC Aviation Power Co. Ltd., Xiujia
Bay, Weiyong Dt., Xian 710021, China.
Subordinate institution:
AECC Beijing Institute of Aeronautical.
Materials, No. 8 Hangcai Avenue,
Beijing, Haidian District, China.
Subordinate institution:
AECC China Gas Turbine Establishment,
No. 1 Hangkong Road, Mianyang, Sichuan
Province, China.
Subordinate institution:
AECC Commercial Aircraft Engine Co.
Ltd., No. 3998 South Lianhua Road,
Shanghai 200241, Minhang District,
China.
Subordinate institution:
AECC Harbin Dongan Engine Co., Ltd.,
No. 51 Baoguo Street, Haerbin 150036,
China.
Subordinate institution:
AECC Shenyang Liming Aero Engine Co.,
Ltd., No. 6 Dongta Street, Shenyang
110043, China.
Subordinate instituion:
AECC South Industry Company Limited, 95
Xinghua West Road, Zhuzhou 412002,
China.
Anhui Yingliu Hangyuan Power, 96 West 85 FR [INSERT FR PAGE NUMBER AND
Pihe Rd., Hengshan Town, Jiangxi, 12/23/2020].
Shangrao, China.
The following seven subordinate 85 FR [INSERT FR PAGE NUMBER AND
institutions of Aviation Industry 12/23/2020].
Corporation of China:
Subordinate instituion:
AVIC Aircraft Co. Ltd., No. 1 Xifei
Avenue, Xian 710089, Yanliang
District, China.
Subordinate instituion:
AVIC Chengdu Aircraft Industrial
(GROUP) Co., Ltd., No. 88 Weiyi Road,
Huang Tianba, Chengdu 610091, China.
Subordinate instituion:
AVIC Flight Automatic Control Research
Institute (FACRI), No. 92 Dianzi 1st
Road, AVIC No 618 Institute, Xian
710065, China.
Subordinate instituion:
AVIC General Aircraft Huanan Industry
Co. Ltd., No. 999, Jinhai Middle Road,
Jinwan District, Building 201Z Huhai
519040, Guangdong Province, China.
Subordinate instituion:
AVIC General Aircraft Zhejiang
Institute Co., Ltd., Floor 9, Building
1, 48 KeYuan Road, ZheJiang, China.
Subordinate instituion:
AVIC International Holding Corporation,
No. 18 Beichen East Road, Beijing
100101 Chaoyang District, China.
Subordinate instituion:
AVIC Leihua Electronic Technology
Research Institute (LETRI), No. 796
Liangxi Road, Binhu District 214063,
China.
Baimtec Material Co., Ltd., No 5, 85 FR [INSERT FR PAGE NUMBER AND
Yongxiang North Road, Yongfeng Ind, 12/23/2020].
Beijing 100094, China.
Beijing Aero Lever Precision Ltd., 85 FR [INSERT FR PAGE NUMBER AND
Houju St No. 3 Changping, High Tec 12/23/2020].
Park, Beijing 102200, China.
Beijing Ander Tech. Co., Ltd. No. C22, 85 FR [INSERT FR PAGE NUMBER AND
Yu An Rd., Area B, Tianzhu, Beijing 12/23/2020].
101318, China.
[[Page 83800]]
Beijing Guang Ming Electronics Co., 85 FR [INSERT FR PAGE NUMBER AND
Ltd., No. 41 Yu Qiao Bei Li, Tongzhou 12/23/2020].
District, Beijing 101100, China.
Beijing Siyuan Electronic Co., Ltd., 85 FR [INSERT FR PAGE NUMBER AND
Satellite Building, No. 63 Zhichun 12/23/2020].
Road, Haidian District, Beijing
100086, China.
CAST Xi'an Spaceflight Engine Factory, 85 FR [INSERT FR PAGE NUMBER AND
a.k.a., the following one alias: 12/23/2020].
--7103 Factory.........................
7103 Factory No 6 Academy No 69,
Shenzhou Second Road, Aerospace Base,
Xian, China..
Chengdu Holy Aviation Science & Tech, 85 FR [INSERT FR PAGE NUMBER AND
No. 220, Tongjiang Road, Pengzhou 12/23/2020].
City, Sichuan 611936, China.
China Aviation Ind. Std. Parts No. 355, 85 FR [INSERT FR PAGE NUMBER AND
Baiyun S. Road, Baiyun Dist, Gui Yang 12/23/2020].
550014, China.
CSSC Xijiang Shipbuilding Co., Ltd., 85 FR [INSERT FR PAGE NUMBER AND
No. 133 Fenghuang Road, Liuzhou City, 12/23/2020].
Guangxi 572000, China.
Elink Electronic Technology Co. Ltd., 85 FR [INSERT FR PAGE NUMBER AND
Room 717, Building 41, No. 8633 12/23/2020].
Zhongchun Road, Minhang District,
Shanghai, China.
Fly Raise International Limited, Unit 85 FR [INSERT FR PAGE NUMBER AND
04 7/F Bright Way Tower, No. 33 Mong 12/23/2020].
Kok Road, Kowloon 999077, Hong Kong.
Fuhua Precision Man. Co, Fanhua Ave and 85 FR [INSERT FR PAGE NUMBER AND
Wanfoshan Rd, Taohua Ind. Park, Hefei 12/23/2020].
City, Jingkai Dist, China.
Government Flying Service, 18 South 85 FR [INSERT FR PAGE NUMBER AND
Perimeter Road, Hong Kong Int'l 12/23/2020].
Airport, Lantau, Hong Kong.
Guangzhou Hangxin Aviation Technology 85 FR [INSERT FR PAGE NUMBER AND
Co., Ltd., No. 1 Guangbao Road, 12/23/2020].
Guangzhou Luogang District, China.
Guizhou Aviation Tech. Dev. Nat., 85 FR [INSERT FR PAGE NUMBER AND
Shangbashan Road, Guiyang City, China. 12/23/2020].
Guizhou Liyang Intl Manufacturing Co 85 FR [INSERT FR PAGE NUMBER AND
Ltd., No. 1 Gaotie Road, Anshun City 12/23/2020].
561102 Guizhou, China.
Hafei Aviation Industry Co., Ltd. 85 FR [INSERT FR PAGE NUMBER AND
(HAFEI), Nancheng Rd No. 2, HARBIN 12/23/2020].
150066, Heilongjiang Province, China.
Hangzhou Bearing Test & Research Center 85 FR [INSERT FR PAGE NUMBER AND
Co., Ltd., No. 333 Hua Feng Road, 12/23/2020].
Hangzhou, Zhejiang, China.
Harbin General Aircraft Industry Co., 85 FR [INSERT FR PAGE NUMBER AND
Ltd., a.k.a., the following one alias: 12/23/2020].
--Harbin Hafei Aviation Industry Co.
Ltd.
15 Youxie Street, Harbin 150066,
Pingfang District, China.
Henan Aerospace Precision Mach, 15 85 FR [INSERT FR PAGE NUMBER AND
Xinnan Road, Xinyang 464000, China. 12/23/2020].
Hunan South General Aviation Engine 85 FR [INSERT FR PAGE NUMBER AND
Co., Ltd., Dongjiaduan, Hi-Tech 12/23/2020].
Industry Zone, Zhuzhou, Hunan 412000,
Lusong District, China.
Hutchison Optel Telecom Technology Co., 85 FR [INSERT FR PAGE NUMBER AND
Ltd., G-3, No. 67-1, Ke Yuan 3th Road, 12/23/2020].
Chongqing Hitech Industrial
Development Zone, Chongqing 400041,
China.
Jiangsu Meilong Aviation Components 85 FR [INSERT FR PAGE NUMBER AND
Co., No. 88 Wufengshang Road, Suzhou, 12/23/2020].
Zhenjiang 212132, China.
Jiatai Aircraft Equipment Co., Ltd., 85 FR [INSERT FR PAGE NUMBER AND
No. 1 ZhongHang Ave., Fancheng 12/23/2020].
District, Xiangyang City, Hubei
Province, China.
Jincheng Group Imp & Exp. Co. Ltd. 85 FR [INSERT FR PAGE NUMBER AND
Floor 26th Jincheng Plaza, 216 Middle 12/23/2020].
Longpan Road, Nanjing, Jiangsu 210002,
China.
Laboratory of Toxicant Analysis, 85 FR [INSERT FR PAGE NUMBER AND
Institute of Pharmacology and 12/23/2020].
Toxicology, No. 27 Taiping Road,
Beijing, Haidian District, China.
[[Page 83801]]
Molecular Devices Shanghai Corporation, 85 FR [INSERT FR PAGE NUMBER AND
No. 239 GangAo Road, WaiGaoQiao Free 12/23/2020].
Trade Zone, Room 318, 3F, Building 2,
Shanghai, China.
Nanjing Engineering Institute of 85 FR [INSERT FR PAGE NUMBER AND
Aircraft Systems (NEIAS), 33 Shuige 12/23/2020].
Road, Jiangning Economic Development
Zone, Nanjing 211106, China.
National Satellite Meteorological 85 FR [INSERT FR PAGE NUMBER AND
Bureau, No. 46 Baishiqiao Road, 12/23/2020].
HaiDian District, Beijing 100081,
China.
Second Institute of Oceanography, 85 FR [INSERT FR PAGE NUMBER AND
Ministry of Natural Resources, No. 36 12/23/2020].
Baochubei Road, Hangzhou 310012,
Hangzhou Xihu District, China.
Shaanxi Aero Electric Co., Ltd., 17th, 85 FR [INSERT FR PAGE NUMBER AND
Jinye 2 Road, Xian High Tech Zone 12/23/2020].
Xian, China.
Shaanxi Aircaft Industry Co Ltd., P.O. 85 FR [INSERT FR PAGE NUMBER AND
34, Hanzhong City 723213, Shaanxi 12/23/2020].
Province, China.
Shanghai Aerospace Equip. Man., No. 100 85 FR [INSERT FR PAGE NUMBER AND
Huaning Road, Shanghai 200245, China. 12/23/2020].
Shanghai Aircraft Design and Research 85 FR [INSERT FR PAGE NUMBER AND
Institute, No. 5 Yun Jin Road, 12/23/2020].
Shanghai 200232, China.
Shanghai Aircraft Manufacturing Co. 85 FR [INSERT FR PAGE NUMBER AND
Ltd. (SAMC), No. 919 Shangfei Road, 12/23/2020].
Shanghai 201324, Pudong New District,
China.
Shanghai Tianlang Electronic Science 85 FR [INSERT FR PAGE NUMBER AND
Co., Ltd., 1500 Qinjiagang Road, Room 12/23/2020].
112 & 6, Shanghai, Pudong New Area,
China.
Shenyang Academy of Instrumentation 85 FR [INSERT FR PAGE NUMBER AND
Science Co., Ltd., No. 242, Baihai 12/23/2020].
Street, Shenyang 110043, Dadong
District, China.
Shenyang Aircraft Corporation, 1 85 FR [INSERT FR PAGE NUMBER AND
Lingbei Street, Shenyang 110000, 12/23/2020].
Huanggu District, China.
Shenyang Xizi Aviation Industry Co., 85 FR [INSERT FR PAGE NUMBER AND
Ltd., 76-43 Shenbei Road, Shenyang 12/23/2020].
110136, China.
Sichuan Hangte Aviation Tech. Co., 85 FR [INSERT FR PAGE NUMBER AND
Ltd., No. 269, 3rd Tengfei Road, 12/23/2020].
Southwest Airport Economy Development
Zone, Chengdu 61000, China.
Star Tech Aviation Co., Ltd., Unit E1, 85 FR [INSERT FR PAGE NUMBER AND
15/F, 41-43 Au Pui Wan Street, On Wah 12/23/2020].
IND Bldg, Shatin, New Territories,
Hong Kong 999077, Hong Kong.
Sumec Instruments Equipment Co. Ltd., 85 FR [INSERT FR PAGE NUMBER AND
198 Changjiang Road, 14/F Nanjing 12/23/2020].
210018, China.
Suzhou Eric Mechanics and Electronics 85 FR [INSERT FR PAGE NUMBER AND
Co. Ltd., No. 8 Huqiao Road, Suzhou, 12/23/2020].
China.
Wuxi Hyatech Co., Ltd., No. 35 Xindong 85 FR [INSERT FR PAGE NUMBER AND
an Road, Wuxi, China. 12/23/2020].
Wuxi Paike New Mat. Tech. Co., Ltd., 85 FR [INSERT FR PAGE NUMBER AND
No. 22 Lianhe Rd., Hudai Ind. Park, 12/23/2020].
Wuxi Binhu District, China.
Wuxi Turbine Blade Co. Ltd., 1800 85 FR [INSERT FR PAGE NUMBER AND
Huishan Ave., Economic Zone, Wuxi 12/23/2020].
214174, China.
Xac Group Aviation Electronics Import & 85 FR [INSERT FR PAGE NUMBER AND
Export Co. Ltd., 70# West Ave of 12/23/2020].
Renmin, Xian 710089, Yanliang
District, China.
XAIC Tech (Xi'an) Industrial Co., Ltd. 85 FR [INSERT FR PAGE NUMBER AND
No. 1 Xifei Road, Xian Yanliang 12/23/2020].
District, China.
Xian Aero-Engine Controls Co., Ltd., 85 FR [INSERT FR PAGE NUMBER AND
750 Daqing Road, Xian, China. 12/23/2020].
Xian Aircraft Industrial Company 85 FR [INSERT FR PAGE NUMBER AND
Limited, No. 1 Xifei Avenue, Shanxi, 12/23/2020].
Yanliang District, China.
[[Page 83802]]
Xi'an Xae Flying Aviation Manufacturing 85 FR [INSERT FR PAGE NUMBER AND
Technology Co., Ltd., No.12 Fengcheng 12/23/2020].
Road, Xian 710018, Weiyang District,
China.
Xian Xr Aero- Components Co. Ltd., 85 FR [INSERT FR PAGE NUMBER AND
Hongqi East Road, Xian 710021, China. 12/23/2020].
Yibin Sanjiang Machine Co., Ltd., No. 85 FR [INSERT FR PAGE NUMBER AND
72 MinJiangBei Road, Yibin 64407, 12/23/2020].
Sichuan, China.
Zhejiang Perfect New Material Co., 85 FR [INSERT FR PAGE NUMBER AND
Ltd., No. 28, Dingsheng Road, Leidian 12/23/2020].
Town, Deqing County, HuZhou City,
China.
RUSSIA............................... Admiralty Shipyard JSC, 203, Fontanka 85 FR [INSERT FR PAGE NUMBER AND
Emb., 190121, St. Peterburg, Russia. 12/23/2020].
Aleksandrov Scientific Research 85 FR [INSERT FR PAGE NUMBER AND
Technological Institute NITI, 12/23/2020].
Koporskoe Highway, House 72, Sosnovy
Bor, Russia.
Argut OOO, 6 Mnevniki str end 6 fl, 85 FR [INSERT FR PAGE NUMBER AND
Moscow 123308, Russia. 12/23/2020].
Communication center of the Ministry of 85 FR [INSERT FR PAGE NUMBER AND
Defense, Bolshoi Znamenskiy per. 21, 12/23/2020].
Moscow, Russia.
Federal Research Center Boreskov 85 FR [INSERT FR PAGE NUMBER AND
Institute of Catalysis, pr. 12/23/2020].
Lavrentieva 5, Novosibirsk 630090,
Russia.
Federal State Budgetary Enterprise of 85 FR [INSERT FR PAGE NUMBER AND
the Administration of the President of 12/23/2020].
Russia, 1-ya Reysovaya Street, 1,
Moscow 119027, Russia.
Federal State Budgetary Enterprise 85 FR [INSERT FR PAGE NUMBER AND
Special Flight Unit Rossiya of the 12/23/2020].
Administration of the President of
Russia, 1-ya Reysovaya Street, 1,
Moscow 119027, Russia.
Federal State Unitary Enterprise Dukhov 85 FR [INSERT FR PAGE NUMBER AND
Automatics Research Institute (VNIIA), 12/23/2020].
22, Sushchevskaya UI, Moscow 127055RU.
Foreign Intelligence Service (SVR), 85 FR [INSERT FR PAGE NUMBER AND
Yasenevo 11 Kolpachny, Moscow, 0101000. 12/23/2020].
Forensic Center of Nizhniy Novgorod 85 FR [INSERT FR PAGE NUMBER AND
Region Main Directorate of the 12/23/2020].
Ministry of Interior Affairs, Gorkiy
Street, 71, Nizhniy Novgorod 603950,
Russia.
Irkut Corporation, Leningradsky 85 FR [INSERT FR PAGE NUMBER AND
Prospect 68, Moscow 125315, Russia. 12/23/2020].
Irkut Research and Production 85 FR [INSERT FR PAGE NUMBER AND
Corporation Public Joint Stock 12/23/2020].
Company, 68 Leningradsky Prospect,
Moscow 125315, Russia.
Joint Stock Company Scientific Research 85 FR [INSERT FR PAGE NUMBER AND
Institute of Computing Machinery, 12/23/2020].
Melnichnaya Street, 31, Kirov 610025,
Russia.
JSC Central Research Institute of 85 FR [INSERT FR PAGE NUMBER AND
Machine Building (JSC TsNIIMash), 12/23/2020].
Pionerskaya Street, 4, korpus 22,
Moskovskaya obl., Korolov 141070,
Russia.
JSC Rocket and Space Centre--Progress, 85 FR [INSERT FR PAGE NUMBER AND
Zemetsa Street 18, Samarskaya Oblast, 12/23/2020].
Samara 443009, Russia.
Kamensk-Uralsky Metallurgical Works 85 FR [INSERT FR PAGE NUMBER AND
J.S. Co., 5 Zavodskaya St., Kamensk 12/23/2020].
Uralsky, 623405 Sverdlovsk region,
Russia.
Kazan Helicopter Plant PJSC, 85 FR [INSERT FR PAGE NUMBER AND
Tetsevskaya St, Kazan 420085, Russia. 12/23/2020].
Komsomolsk-na-Amur Aviation Production 85 FR [INSERT FR PAGE NUMBER AND
Organization (KNAAPO), 1 Sovetskaya 12/23/2020].
Street, Komsomolsk-on-Amur,
Khabarovsky Krai, Russia 618018.
Korporatsiya Vsmpo Avisma OAO, 85 FR [INSERT FR PAGE NUMBER AND
Parkovaya Street 1, Verkhnaya Salda, 12/23/2020].
Sverdlovsk region 624760, Russia.
Ministry of Defence RF, 19 Znamenka 85 FR [INSERT FR PAGE NUMBER AND
Str, Moscow 119160, Russia. 12/23/2020].
[[Page 83803]]
Molot Oruzhie, 612960, Kirov Oblast, 85 FR [INSERT FR PAGE NUMBER AND
Vyatskie Polyany, st. Lenin 135, 12/23/2020].
Russia.
NPO High Precision Systems JSC, 85 FR [INSERT FR PAGE NUMBER AND
Kievskaya Street 7, Moscow, Russia. 12/23/2020].
NPO Splav JSC, 33 ul. Shcheglov Kaya 85 FR [INSERT FR PAGE NUMBER AND
Zaseka Tula, 300004 Russia. 12/23/2020].
Oboronprom OJSC, 29/141 Vereiskaya 85 FR [INSERT FR PAGE NUMBER AND
Street, Moscow, 121357 Russia. 12/23/2020].
PJSC Beriev Aircraft Company, 1 85 FR [INSERT FR PAGE NUMBER AND
Aviatorov Square, Taganrog 347923, 12/23/2020].
Russia.
PJSC Irkut Corporation, Regional 85 FR [INSERT FR PAGE NUMBER AND
Aircraft 26 Leninskaya Sloboda, Moscow 12/23/2020].
115280, Russia.
PJSC Kazan Helicopters, Tetsevskaya 85 FR [INSERT FR PAGE NUMBER AND
Street, 14, Kazan, Tatarstan Republic 12/23/2020].
420085, Russia.
POLYUS Research Institute of M.F. 85 FR [INSERT FR PAGE NUMBER AND
Stelmakh Joint Stock Company, Building 12/23/2020].
1, 3 Vvedenskogo Street, Moscow,
117342, Russia.
Promtech-Dubna, JSC, Programmistov st., 85 FR [INSERT FR PAGE NUMBER AND
4, room 364, Dubna, Moscow 141983, 12/23/2020].
Russia.
Public Joint Stock Company United 85 FR [INSERT FR PAGE NUMBER AND
Aircraft Corporation, Bolshaya 12/23/2020].
Pionerskaya, Moscow 115054, Russia.
Radiotechnical and Information Systems 85 FR [INSERT FR PAGE NUMBER AND
(RTI) Concern, 127083, Moscow, 8 12/23/2020].
marta, 10/1 Russia.
Rapart Services LLC, Aeroportovskaya 85 FR [INSERT FR PAGE NUMBER AND
str. 6/2, Solnechnogorskiy region, 12/23/2020].
Dubrobki 141580, Russia.
Rosoboronexport OJSC (ROE), Strada 85 FR [INSERT FR PAGE NUMBER AND
Strominka 27, Moscow, 107076 Russia. 12/23/2020].
Rostekh--Azimuth, Building 2, 5 Suite X 85 FR [INSERT FR PAGE NUMBER AND
Room 15 Floor 2, Narishkinskaya 12/23/2020].
Alleya, Moscow 125167, Russia.
Rostec (Russian Technologies State 85 FR [INSERT FR PAGE NUMBER AND
Corporation), 24 Usacheva Street, 12/23/2020].
Moscow, Russia 119048.
Russian Aircraft Corporation MiG, 85 FR [INSERT FR PAGE NUMBER AND
Leningradskoe highway, 6, building 1, 12/23/2020].
Moscow, 125171 Russia.
Russian Helicopters JSC, Bolshaya 85 FR [INSERT FR PAGE NUMBER AND
Pionerskaya, 1, Moscow, 123610 Russia. 12/23/2020].
Sukhoi Aviation JSC, Polikarpov str., 85 FR [INSERT FR PAGE NUMBER AND
23B, Moscow, 125284 Russia. 12/23/2020].
Sukhoi Civil Aircraft, 1 Sovetskaya 85 FR [INSERT FR PAGE NUMBER AND
Street, Komsomolsk-On-Amur 681018, 12/23/2020].
Russia; and 15 Tupoleva Street, OP JSC
SCA, Zukhovskiy 140180, Russia; and
23b Bld 2 Polikarpova St, Moscow
125824, Russia; and 26, Bld. 5,
Leninskaya Sloboda Street, Moscow,
115280, Russia; and Antonova Avenue 1,
Ulianovsk 432072, Russia; and
Leningradskaya Street 80/4A,
Komsomolsk-On-Amur 681007, Russia.
Tactical Missiles Corporation JSC, 85 FR [INSERT FR PAGE NUMBER AND
KorolevIlyicha Street, 7, 141080, 12/23/2020].
Russia.
Tupolev JSC, Academician Tupolev 85 FR [INSERT FR PAGE NUMBER AND
Embankment 17, Moscow, 105005, Russia. 12/23/2020].
UEC-Saturn, 163 Lenin Avenue, Rybinsk 85 FR [INSERT FR PAGE NUMBER AND
152903, Yavoslavl Region, Russia. 12/23/2020].
United Aircraft Corporation, Bolshaya 85 FR [INSERT FR PAGE NUMBER AND
Pionerskaya str., 1, Moscow, 115054, 12/23/2020].
Russia.
[[Page 83804]]
United Engine Corporation, 16, Budyonny 85 FR [INSERT FR PAGE NUMBER AND
Avenue, Moscow, 105118 Russia. 12/23/2020].
United Instrument Manufacturing 85 FR [INSERT FR PAGE NUMBER AND
Corporation, Vereiskaya 29, str. 141, 12/23/2020].
Moscow, Russia.
VENEZUELA............................ [RESERVED]............................. [RESERVED]
----------------------------------------------------------------------------------------------------------------
PART 756--[AMENDED]
0
5. The authority citation for part 756 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.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.
0
6. Section 756.2 is amended by revising paragraph (a)(3) to read as
follows:
Sec. 756.2 Appeal from an administrative action.
(a) * * *
(3) A decision on a request to remove or modify an Entity List
entry made pursuant to Sec. 744.16 of the EAR, a decision on a request
to remove or modify an Unverified List entry made pursuant to Sec.
744.15 of the EAR, or a request to remove or modify a Military End User
entry made pursuant to Sec. 744.21(b) of the EAR.
* * * * *
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2020-28052 Filed 12-22-20; 8:45 am]
BILLING CODE 3510-33-P
