Addition of Certain Entities to the Entity List, 33119-33122 [2021-13395]
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
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(ODA) that has been authorized by the
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alteration deviation must meet the
certification basis of the airplane, and the
approval must specifically refer to this AD.
(l) Related Information
(1) For more information about this AD,
contact Mohit Garg, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO
Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone: 562–627–
5264; fax: 562–627–5210; email: mohit.garg@
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(2) You must use this service information
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(i) Boeing Alert Requirements Bulletin
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(ii) [Reserved]
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Issued on June 3, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–13124 Filed 6–23–21; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 210617–0134]
RIN 0694–AI56
Addition of Certain Entities to the
Entity List
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
This final rule amends the
Export Administration Regulations
(EAR) by adding five entities to the
Entity List. These five entities have been
determined by the United States
Government to be acting contrary to the
foreign policy interests of the United
States and will be listed on the Entity
List under the destination of the
People’s Republic of China (China).
DATE: This rule is effective June 24,
2021.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Chair, End-User Review Committee,
Office of the Assistant Secretary, Export
Administration, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–5991, Email: ERC@
bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Entity List (supplement no. 4 to
part 744 of the EAR) identifies entities
reasonably believed to be involved in, or
to pose a significant risk of being or
becoming involved in, activities
contrary to the national security or
foreign policy interests of the United
States. The Export Administration
Regulations (EAR) (15 CFR parts 730–
774) impose additional license
requirements on, and limit the
availability of most license exceptions
for, exports, reexports, and transfers (in
country) to listed entities. The license
review policy for each listed entity is
identified in the ‘‘License review
policy’’ column on the Entity List, and
the impact on the availability of license
exceptions is described in the relevant
Federal Register document adding
entities to the Entity List. BIS places
entities on the Entity List pursuant to
part 744 (Control Policy: End-User and
End-Use Based) and part 746
(Embargoes and Other Special Controls)
of the EAR.
The End-User Review Committee
(ERC), composed of representatives of
the Departments of Commerce (Chair),
State, Defense, Energy and, where
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appropriate, the Treasury, makes all
decisions regarding additions to,
removals from, or other modifications to
the Entity List. The ERC makes all
decisions to add an entry to the Entity
List by majority vote and makes all
decisions to remove or modify an entry
by unanimous vote.
ERC Entity List Decisions
Additions to the Entity List
This rule implements the decision of
the ERC to add five entities to the Entity
List. The five entities are being added
based on § 744.11 (License requirements
that apply to entities acting contrary to
the national security or foreign policy
interests of the United States) of the
EAR. The five entities are located in
China.
The ERC reviewed and applied
§ 744.11(b) (Criteria for revising the
Entity List) in making the determination
to add these five entities to the Entity
List. Under that paragraph, persons for
whom there is reasonable cause to
believe, based on specific and
articulable facts, that they have been
involved, are involved, or pose a
significant risk of being or becoming
involved in, activities that are contrary
to the national security or foreign policy
interests of the United States, along with
those acting on behalf of such persons,
may be added to the Entity List.
Paragraphs (b)(1) through (b)(5) of
§ 744.11 provide an illustrative list of
activities that could be contrary to the
national security or foreign policy
interests of the United States.
For each of the five entities described
below, the ERC made the requisite
determination under the standard set
forth in § 744.11(b). Specifically, the
ERC determined that the subject entities
are engaging in or enabling activities
contrary to U.S. foreign policy interests.
These entities have been implicated in
human rights violations and abuses in
the implementation of China’s campaign
of repression, mass arbitrary detention,
forced labor and high-technology
surveillance against Uyghurs, Kazakhs,
and other members of Muslim minority
groups in the Xinjiang Uyghur
Autonomous Region. Specifically, the
ERC determined that Xinjiang GCL New
Energy Material Technology, Co. Ltd;
Xinjiang Daqo New Energy, Co. Ltd;
Xinjiang East Hope Nonferrous Metals
Co. Ltd.; Hoshine Silicon Industry
(Shanshan) Co., Ltd.; and Xinjiang
Production and Construction Corps are
engaging in activities contrary to the
foreign policy interests of the United
States through participating in the
practice of, accepting, or utilizing forced
labor.
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Pursuant to § 744.11(b) of the EAR,
the ERC has determined that the
conduct of these five entities raises
sufficient concern that prior review of
exports, reexports or transfers (incountry) of all items subject to the EAR
involving these entities, and the
possible imposition of license
conditions or license denials on
shipments to these entities, will
enhance BIS’s ability to prevent items
subject to the EAR from being used in
activities contrary to the foreign policy
interests of the United States.
For the five entities identified above
that are being added to the Entity List,
BIS imposes a license requirement for
all items subject to the EAR and a
license review policy of case-by-case
review for Export Control Classification
Numbers (ECCNs) 1A004.c, 1A004.d,
1A995, 1A999.a, 1D003, 2A983, 2D983,
and 2E983. A policy of case-by-case
review also applies to items designated
as EAR99 that are described in the Note
to ECCN 1A995, specifically, items for
protection against chemical or biological
agents that are consumer goods,
packaged for retail sale or personal use,
or medical products. Additionally, in
light of the current global pandemic, BIS
has adopted a policy of case-by-case
review for items subject to the EAR that
are necessary to detect, identify and
treat infectious disease. BIS has adopted
a license review policy of presumption
of denial for all other items subject to
the EAR. In addition, no license
exceptions are available for exports,
reexports, or transfers (in-country) to the
entities being added to the Entity List in
this rule. The acronym ‘‘a.k.a.’’ or ‘also
known as’ is used in entries on the
Entity List to identify aliases, thereby
assisting exporters, reexporters and
transferors in identifying entities on the
Entity List.
This final rule adds the following five
entities to the Entity List:
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People’s Republic of China
• Hoshine Silicon Industry
(Shanshan) Co., Ltd.;
• Xinjiang Daqo New Energy, Co. Ltd;
• Xinjiang East Hope Nonferrous
Metals Co. Ltd.;
• Xinjiang GCL New Energy Material
Technology, Co. Ltd; and
• Xinjiang Production and
Construction Corps.
Savings Clause
Shipments of items removed from
eligibility for a License Exception or for
export or reexport without a license
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(NLR) as a result of this regulatory
action that were en route aboard a
carrier to a port of export, reexport, or
transfer (in-country) on June 24, 2021,
pursuant to actual orders for export,
reexport, or transfer (in-country) to a
foreign destination, may proceed to that
destination under the previous
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), 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
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.
Notwithstanding any other provision
of law, no person is required to respond
to or be subject to a penalty for failure
to comply with a collection of
information, subject to the requirements
of the Paperwork Reduction Act of 1995
(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 29.6 minutes for a
manual or electronic submission. Total
burden hours associated with the PRA
and OMB control number 0694–0088
are not expected to increase as a result
of this rule.
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This rule does not contain policies
with federalism implications as that
term is defined in Executive Order
13132.
Pursuant to section 1762 of the Export
Control Reform Act of 2018, this action
is exempt from the Administrative
Procedure Act (5 U.S.C. 553)
requirements for notice of proposed
rulemaking, opportunity for public
participation, and delay in effective
date.
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required for this
rule by 5 U.S.C. 553, or by any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., are not applicable. Accordingly,
no regulatory flexibility analysis is
required and none has been prepared.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping
requirements, Terrorism.
Accordingly, part 744 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
PART 744—[AMENDED]
1. The authority citation for 15 CFR
part 744 continues 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. Supplement No. 4 to part 744 is
amended under CHINA, PEOPLE’S
REPUBLIC OF, by adding in
alphabetical order, entries for ‘‘Hoshine
Silicon Industry (Shanshan) Co., Ltd.’’,
‘‘Xinjiang Daqo New Energy, Co. Ltd’’,
‘‘Xinjiang East Hope Nonferrous Metals
Co. Ltd.’’, ‘‘Xinjiang GCL New Energy
Material Technology, Co. Ltd’’, and
‘‘Xinjiang Production and Construction
Corps’’.
The additions read as follows:
■
Supplement No. 4 to Part 744—Entity
List
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CHINA, PEOPLE’S REPUBLIC OF.
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Hoshine Silicon Industry
(Shanshan) Co., Ltd., a.k.a., the
following one alias:
—Hesheng Silicon Industry
(Shanshan) Co., Ltd. Xinjiang
East: West of Kekeya Road,
Stone Industrial Park, Shanshan
County, Turpan City, Xinjiang
(Hesheng Industrial Park), China.
For all items subject to
the EAR. (See
§ 744.11 of the
EAR).
*
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Xinjiang Daqo New Energy, Co.
Ltd., a.k.a., the following three
aliases:
—Xinjiang Great New Energy Co.,
Ltd.;
—Xinjiang Daxin Energy Co., Ltd.;
and
—Xinjiang Daqin Energy Co., Ltd.
Shihezi Development Zone Chemical New Material Industrial Park;
and No. 16, Weiliu Road, New
Chemical Material Industrial
Park, Shihezi Economic Development Zone, Xinjiang China.
Xinjiang East Hope Nonferrous
Metals Co. Ltd., a.k.a., the following one alias:
—Xinjiang Nonferrous.
Wucaiwan Industrial Park,
Zhundong Economic and Technological Development Zone,
Changji Prefecture, Xinjiang
(Cainan Community); and Jimsar
County, Changji Hui Autonomous
Prefecture, Xinjiang Uygur Autonomous Region, Wucaiwan
Coal, Electricity and Coal Chemical Base, China.
Xinjiang GCL New Energy Material
Technology, Co. Ltd., a.k.a., the
following one alias:
—Xinjiang GCL New Energy Materials Technology Co., Ltd.
East Section of Hengsi Road,
Quanbei Industrial Zone,
Hongsha, Zhundong Economic
and Technological Development
Zone, Changji Prefecture,
Xinjiang (Jijihu Community); and
East Part, the 4th Horizontal
Road, North Hongshaquan Industrial park, Zhundong Economic and Technological Development Zone, Changji, Xinjiang,
China.
*
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Xinjiang Production and Construction Corps (XPCC), a.k.a., the
following three aliases:
—XPCC;
—Xinjiang Corps; and
—Bingtuan.
Urumqi, Xinjiang Uyghur Autonomous Region, China.
*
For all items subject to
the EAR. (See
§ 744.11 of the
EAR).
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License
review policy
License requirement
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citation
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Case-by-case review for ECCNs
1A004.c, 1A004.d, 1A995,
1A999.a, 1D003, 2A983, 2D983,
and 2E983, and for EAR99 items
described in the Note to ECCN
1A995; case-by-case review for
items necessary to detect, identify and treat infectious disease;
and presumption of denial for all
other items subject to the EAR.
*
*
Case-by-case review for ECCNs
1A004.c, 1A004.d, 1A995,
1A999.a, 1D003, 2A983, 2D983,
and 2E983, and for EAR99 items
described in the Note to ECCN
1A995; case-by-case review for
items necessary to detect, identify and treat infectious disease;
and presumption of denial for all
other items subject to the EAR.
86 FR [INSERT FR
PAGE NUMBER] 6/
24/2021.
For all items subject to
the EAR. (See
§ 744.11 of the
EAR).
Case-by-case review for ECCNs
1A004.c, 1A004.d, 1A995,
1A999.a, 1D003, 2A983, 2D983,
and 2E983, and for EAR99 items
described in the Note to ECCN
1A995; case-by-case review for
items necessary to detect, identify and treat infectious disease;
and presumption of denial for all
other items subject to the EAR.
86 FR [INSERT FR
PAGE NUMBER] 6/
24/2021.
For all items subject to
the EAR. (See
§ 744.11 of the
EAR).
Case-by-case review for ECCNs
1A004.c, 1A004.d, 1A995,
1A999.a, 1D003, 2A983, 2D983,
and 2E983, and for EAR99 items
described in the Note to ECCN
1A995; case-by-case review for
items necessary to detect, identify and treat infectious disease;
and presumption of denial for all
other items subject to the EAR.
86 FR [INSERT FR
PAGE NUMBER] 6/
24/2021.
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For all items subject to
the EAR. (See
§ 744.11 of the
EAR).
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Case-by-case review for ECCNs
1A004.c, 1A004.d, 1A995,
1A999.a, 1D003, 2A983, 2D983,
and 2E983, and for EAR99 items
described in the Note to ECCN
1A995; case-by-case review for
items necessary to detect, identify and treat infectious disease;
and presumption of denial for all
other items subject to the EAR.
*
86 FR [INSERT FR
PAGE NUMBER] 6/
24/2021.
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24/2021.
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BILLING CODE 3510–33–P
I. Table of Abbreviations
DEPARTMENT OF HOMELAND
SECURITY
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0339]
RIN 1625–AA08
Special Local Regulation; Gulf of
Mexico; Sarasota, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a special local regulation on
the waters of the Gulf of Mexico, in the
vicinity of Lido Beach, Florida, during
the Sarasota Powerboat Grand Prix.
Approximately 70 boats and jet skis,
traveling at speeds in excess of 100
miles per hour are expected to
participate. Additionally, it is
anticipated that 100 spectator vessels
will be present along the race course.
The special local regulation is necessary
to protect the safety of race participants,
participant vessels, spectators, and the
general public on certain navigable
waters of the Gulf of Mexico, Lido
Beach, Florida during the event. The
special local regulation will establish an
enforcement area where all persons and
vessels, except those persons and
vessels participating in the high speed
boat races, are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
without obtaining permission from the
Captain of the Port St. Petersburg or a
designated representative.
DATES: This rule will be enforced daily
from 10 a.m. until 7 p.m., on June 25,
2021 through June 27, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0339 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
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SUMMARY:
16:01 Jun 23, 2021
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If
you have questions on this rule, call or
email Marine Science Technician First
Class Michael Shackleford, Sector St.
Petersburg Prevention Department,
Coast Guard; telephone (813) 228–2191,
email Michael.d.shackleford@uscg.mil.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2021–13395 Filed 6–23–21; 8:45 am]
VerDate Sep<11>2014
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FOR FURTHER INFORMATION CONTACT:
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
ACTION:
License
review policy
License requirement
Jkt 253001
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. This temporary rule
references a date change and a change
to the regulated area to an annual
recurring special local regulation that
already exists in 33 CFR 100.703, Table
1 to 100.703, Line 5. For this year, we
received the date changes and the
coordinate changes from the Sarasota
Powerboat Grand Prix/Powerboat P–1
USA, LLC with insufficient time to
publish an NPRM and receive public
comment on these changes, as the
Sarasota Powerboat Grand Prix event
will occur before the rulemaking
process would be completed. Because of
the dangers associated with high speed
boat races, the regulation is necessary to
provide for the safety of event
participants, spectators, and vessels
transiting the event area. For those
reasons, it would be impracticable to
publish an NPRM.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
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because immediate action is needed to
respond to the potential safety hazards
associated with Sarasota Grand Prix.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port St. Petersburg has
determined that potential hazards
associated with the race will be a danger
to anyone within the regulated area. The
purpose of the rule is to provide for the
safety of life on navigable waters of the
United States during the Sarasota
Powerboat Grand Prix.
IV. Discussion of the Rule
This rule establishes a special local
regulation that will encompass certain
waters of the Gulf of Mexico, Lido
Beach, Florida. The special local
regulation will be enforced daily from
10 a.m. to 7 p.m. on June 25, 2021
through June 27, 2021. The special local
regulation will establish an enforcement
area where all persons and vessels,
except those persons and vessels
participating in the high speed boat
races, are prohibited from entering,
transiting through, anchoring in, or
remaining within without obtaining
permission from the COTP St.
Petersburg or a designated
representative.
Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated area by contacting the Captain
of the Port St. Petersburg (COTP) by
telephone at (727) 824–7506, or a
designated representative via VHF radio
on channel 16. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted by
the COTP or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP or a designated representative.
The Coast Guard will provide notice of
the special local regulation by Local
Notice to Mariners and/or Broadcast
Notice to Mariners.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
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[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33119-33122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13395]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 210617-0134]
RIN 0694-AI56
Addition of Certain Entities to the Entity List
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Export Administration Regulations
(EAR) by adding five entities to the Entity List. These five entities
have been determined by the United States Government to be acting
contrary to the foreign policy interests of the United States and will
be listed on the Entity List under the destination of the People's
Republic of China (China).
DATE: This rule is effective June 24, 2021.
FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary, Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone: (202) 482-5991,
Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Entity List (supplement no. 4 to part 744 of the EAR)
identifies entities reasonably believed to be involved in, or to pose a
significant risk of being or becoming involved in, activities contrary
to the national security or foreign policy interests of the United
States. The Export Administration Regulations (EAR) (15 CFR parts 730-
774) impose additional license requirements on, and limit the
availability of most license exceptions for, exports, reexports, and
transfers (in country) to listed entities. The license review policy
for each listed entity is identified in the ``License review policy''
column on the Entity List, and the impact on the availability of
license exceptions is described in the relevant Federal Register
document adding entities to the Entity List. BIS places entities on the
Entity List pursuant to part 744 (Control Policy: End-User and End-Use
Based) and part 746 (Embargoes and Other Special Controls) of the EAR.
The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions regarding additions to,
removals from, or other modifications to the Entity List. The ERC makes
all decisions to add an entry to the Entity List by majority vote and
makes all decisions to remove or modify an entry by unanimous vote.
ERC Entity List Decisions
Additions to the Entity List
This rule implements the decision of the ERC to add five entities
to the Entity List. The five entities are being added based on Sec.
744.11 (License requirements that apply to entities acting contrary to
the national security or foreign policy interests of the United States)
of the EAR. The five entities are located in China.
The ERC reviewed and applied Sec. 744.11(b) (Criteria for revising
the Entity List) in making the determination to add these five entities
to the Entity List. Under that paragraph, persons for whom there is
reasonable cause to believe, based on specific and articulable facts,
that they have been involved, are involved, or pose a significant risk
of being or becoming involved in, activities that are contrary to the
national security or foreign policy interests of the United States,
along with those acting on behalf of such persons, may be added to the
Entity List. Paragraphs (b)(1) through (b)(5) of Sec. 744.11 provide
an illustrative list of activities that could be contrary to the
national security or foreign policy interests of the United States.
For each of the five entities described below, the ERC made the
requisite determination under the standard set forth in Sec.
744.11(b). Specifically, the ERC determined that the subject entities
are engaging in or enabling activities contrary to U.S. foreign policy
interests. These entities have been implicated in human rights
violations and abuses in the implementation of China's campaign of
repression, mass arbitrary detention, forced labor and high-technology
surveillance against Uyghurs, Kazakhs, and other members of Muslim
minority groups in the Xinjiang Uyghur Autonomous Region. Specifically,
the ERC determined that Xinjiang GCL New Energy Material Technology,
Co. Ltd; Xinjiang Daqo New Energy, Co. Ltd; Xinjiang East Hope
Nonferrous Metals Co. Ltd.; Hoshine Silicon Industry (Shanshan) Co.,
Ltd.; and Xinjiang Production and Construction Corps are engaging in
activities contrary to the foreign policy interests of the United
States through participating in the practice of, accepting, or
utilizing forced labor.
[[Page 33120]]
Pursuant to Sec. 744.11(b) of the EAR, the ERC has determined that
the conduct of these five entities raises sufficient concern that prior
review of exports, reexports or transfers (in-country) of all items
subject to the EAR involving these entities, and the possible
imposition of license conditions or license denials on shipments to
these entities, will enhance BIS's ability to prevent items subject to
the EAR from being used in activities contrary to the foreign policy
interests of the United States.
For the five entities identified above that are being added to the
Entity List, BIS imposes a license requirement for all items subject to
the EAR and a license review policy of case-by-case review for Export
Control Classification Numbers (ECCNs) 1A004.c, 1A004.d, 1A995,
1A999.a, 1D003, 2A983, 2D983, and 2E983. A policy of case-by-case
review also applies to items designated as EAR99 that are described in
the Note to ECCN 1A995, specifically, items for protection against
chemical or biological agents that are consumer goods, packaged for
retail sale or personal use, or medical products. Additionally, in
light of the current global pandemic, BIS has adopted a policy of case-
by-case review for items subject to the EAR that are necessary to
detect, identify and treat infectious disease. BIS has adopted a
license review policy of presumption of denial for all other items
subject to the EAR. In addition, no license exceptions are available
for exports, reexports, or transfers (in-country) to the entities being
added to the Entity List in this rule. The acronym ``a.k.a.'' or `also
known as' is used in entries on the Entity List to identify aliases,
thereby assisting exporters, reexporters and transferors in identifying
entities on the Entity List.
This final rule adds the following five entities to the Entity
List:
People's Republic of China
Hoshine Silicon Industry (Shanshan) Co., Ltd.;
Xinjiang Daqo New Energy, Co. Ltd;
Xinjiang East Hope Nonferrous Metals Co. Ltd.;
Xinjiang GCL New Energy Material Technology, Co. Ltd; and
Xinjiang Production and Construction Corps.
Savings Clause
Shipments of items removed from eligibility for a License Exception
or for 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, reexport, or transfer (in-country) on June 24, 2021, pursuant
to actual orders for export, reexport, or transfer (in-country) to a
foreign destination, may proceed to that destination under the previous
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), 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
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.
Notwithstanding any other provision of law, no person is required
to respond to or be subject to a penalty for failure to comply with a
collection of information, subject to the requirements of the Paperwork
Reduction Act of 1995 (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
29.6 minutes for a manual or electronic submission. Total burden hours
associated with the PRA and OMB control number 0694-0088 are not
expected to increase as a result of this rule.
This rule does not contain policies with federalism implications as
that term is defined in Executive Order 13132.
Pursuant to section 1762 of the Export Control Reform Act of 2018,
this action is exempt from the Administrative Procedure Act (5 U.S.C.
553) requirements for notice of proposed rulemaking, opportunity for
public participation, and delay in effective date.
Because a notice of proposed rulemaking and an opportunity for
public comment are not required for this rule by 5 U.S.C. 553, or by
any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:
PART 744--[AMENDED]
0
1. The authority citation for 15 CFR part 744 continues 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. Supplement No. 4 to part 744 is amended under CHINA, PEOPLE'S
REPUBLIC OF, by adding in alphabetical order, entries for ``Hoshine
Silicon Industry (Shanshan) Co., Ltd.'', ``Xinjiang Daqo New Energy,
Co. Ltd'', ``Xinjiang East Hope Nonferrous Metals Co. Ltd.'',
``Xinjiang GCL New Energy Material Technology, Co. Ltd'', and
``Xinjiang Production and Construction Corps''.
The additions read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
[[Page 33121]]
----------------------------------------------------------------------------------------------------------------
License review Federal Register
Country Entity License requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
CHINA, PEOPLE'S * * * * * *
REPUBLIC OF.
Hoshine Silicon Industry For all items Case-by-case 86 FR [INSERT FR
(Shanshan) Co., Ltd., subject to the review for ECCNs PAGE NUMBER] 6/
a.k.a., the following one EAR. (See Sec. 1A004.c, 24/2021.
alias: 744.11 of the 1A004.d, 1A995,
--Hesheng Silicon Industry EAR). 1A999.a, 1D003,
(Shanshan) Co., Ltd. 2A983, 2D983,
Xinjiang East: West of and 2E983, and
Kekeya Road, Stone for EAR99 items
Industrial Park, Shanshan described in the
County, Turpan City, Note to ECCN
Xinjiang (Hesheng 1A995; case-by-
Industrial Park), China. case review for
items necessary
to detect,
identify and
treat infectious
disease; and
presumption of
denial for all
other items
subject to the
EAR.
* * * * * *
Xinjiang Daqo New Energy, For all items Case-by-case 86 FR [INSERT FR
Co. Ltd., a.k.a., the subject to the review for ECCNs PAGE NUMBER] 6/
following three aliases: EAR. (See Sec. 1A004.c, 24/2021.
--Xinjiang Great New Energy 744.11 of the 1A004.d, 1A995,
Co., Ltd.; EAR). 1A999.a, 1D003,
--Xinjiang Daxin Energy Co., 2A983, 2D983,
Ltd.; and and 2E983, and
--Xinjiang Daqin Energy Co., for EAR99 items
Ltd. described in the
Shihezi Development Zone Note to ECCN
Chemical New Material 1A995; case-by-
Industrial Park; and No. case review for
16, Weiliu Road, New items necessary
Chemical Material to detect,
Industrial Park, Shihezi identify and
Economic Development Zone, treat infectious
Xinjiang China. disease; and
presumption of
denial for all
other items
subject to the
EAR.
Xinjiang East Hope For all items Case-by-case 86 FR [INSERT FR
Nonferrous Metals Co. Ltd., subject to the review for ECCNs PAGE NUMBER] 6/
a.k.a., the following one EAR. (See Sec. 1A004.c, 24/2021.
alias: 744.11 of the 1A004.d, 1A995,
--Xinjiang Nonferrous. EAR). 1A999.a, 1D003,
Wucaiwan Industrial Park, 2A983, 2D983,
Zhundong Economic and and 2E983, and
Technological Development for EAR99 items
Zone, Changji Prefecture, described in the
Xinjiang (Cainan Note to ECCN
Community); and Jimsar 1A995; case-by-
County, Changji Hui case review for
Autonomous Prefecture, items necessary
Xinjiang Uygur Autonomous to detect,
Region, Wucaiwan Coal, identify and
Electricity and Coal treat infectious
Chemical Base, China. disease; and
presumption of
denial for all
other items
subject to the
EAR.
Xinjiang GCL New Energy For all items Case-by-case 86 FR [INSERT FR
Material Technology, Co. subject to the review for ECCNs PAGE NUMBER] 6/
Ltd., a.k.a., the following EAR. (See Sec. 1A004.c, 24/2021.
one alias: 744.11 of the 1A004.d, 1A995,
--Xinjiang GCL New Energy EAR). 1A999.a, 1D003,
Materials Technology Co., 2A983, 2D983,
Ltd. and 2E983, and
East Section of Hengsi Road, for EAR99 items
Quanbei Industrial Zone, described in the
Hongsha, Zhundong Economic Note to ECCN
and Technological 1A995; case-by-
Development Zone, Changji case review for
Prefecture, Xinjiang items necessary
(Jijihu Community); and to detect,
East Part, the 4th identify and
Horizontal Road, North treat infectious
Hongshaquan Industrial disease; and
park, Zhundong Economic and presumption of
Technological Development denial for all
Zone, Changji, Xinjiang, other items
China. subject to the
EAR.
* * * * * *
Xinjiang Production and For all items Case-by-case 86 FR [INSERT FR
Construction Corps (XPCC), subject to the review for ECCNs PAGE NUMBER] 6/
a.k.a., the following three EAR. (See Sec. 1A004.c, 24/2021.
aliases: 744.11 of the 1A004.d, 1A995,
--XPCC; EAR). 1A999.a, 1D003,
--Xinjiang Corps; and 2A983, 2D983,
--Bingtuan. and 2E983, and
Urumqi, Xinjiang Uyghur for EAR99 items
Autonomous Region, China. described in the
Note to ECCN
1A995; case-by-
case review for
items necessary
to detect,
identify and
treat infectious
disease; and
presumption of
denial for all
other items
subject to the
EAR.
[[Page 33122]]
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-13395 Filed 6-23-21; 8:45 am]
BILLING CODE 3510-33-P
