Addition of `Military End User' (MEU) List to the Export Administration Regulations and Addition of Entities to the MEU List, 83793-83804 [2020-28052]

Download as PDF 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. jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 16:31 Dec 22, 2020 Jkt 253001 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 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 83793 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), E:\FR\FM\23DER1.SGM 23DER1 jbell on DSKJLSW7X2PROD with RULES 83794 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations 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. VerDate Sep<11>2014 16:31 Dec 22, 2020 Jkt 253001 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 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 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 E:\FR\FM\23DER1.SGM 23DER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations 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 VerDate Sep<11>2014 16:31 Dec 22, 2020 Jkt 253001 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 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 83795 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 E:\FR\FM\23DER1.SGM 23DER1 jbell on DSKJLSW7X2PROD with RULES 83796 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations 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; VerDate Sep<11>2014 16:31 Dec 22, 2020 Jkt 253001 • 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; PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 • 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 E:\FR\FM\23DER1.SGM 23DER1 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 E:\FR\FM\23DER1.SGM 23DER1 83798 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 PO 00000 Frm 00052 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 23DER1 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 .................. VerDate Sep<11>2014 16:31 Dec 22, 2020 Jkt 253001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\23DER1.SGM 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]. 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 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\23DER1.SGM 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 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]. 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 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 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]. Country 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 .............. VerDate Sep<11>2014 83801 16:31 Dec 22, 2020 Jkt 253001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\23DER1.SGM 23DER1 83802 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations Entity Federal Register citation Xi’an Xae Flying Aviation Manufacturing Technology Co., Ltd., No.12 Fengcheng Road, Xian 710018, Weiyang District, 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 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 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]. Country 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 ....................................................... VerDate Sep<11>2014 16:31 Dec 22, 2020 Jkt 253001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\23DER1.SGM 23DER1 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations Entity Federal Register citation Molot Oruzhie, 612960, Kirov Oblast, Vyatskie Polyany, st. Lenin 135, Russia ........................................ 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 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]. Country 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 ........................................... jbell on DSKJLSW7X2PROD with RULES 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 .............................. VerDate Sep<11>2014 83803 16:31 Dec 22, 2020 Jkt 253001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\23DER1.SGM 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]. 83804 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations Entity Federal Register citation United Engine Corporation, 16, Budyonny Avenue, Moscow, 105118 Russia .......................................... 85 FR [INSERT FR PAGE NUMBER AND 12/23/2020]. 85 FR [INSERT FR PAGE NUMBER AND 12/23/2020]. [RESERVED] Country 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 VerDate Sep<11>2014 19:46 Dec 22, 2020 Jkt 253001 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 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 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 23DER1

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