Authorization of Certain “Items” to Entities on the Entity List in the Context of Specific Standards Activities, 55241-55267 [2022-19415]
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55241
Rules and Regulations
Federal Register
Vol. 87, No. 174
Friday, September 9, 2022
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 744 and 772
[Docket No. 220901–0180]
RIN 0694–AI06
Authorization of Certain ‘‘Items’’ to
Entities on the Entity List in the
Context of Specific Standards
Activities
Bureau of Industry and
Security, Commerce.
ACTION: Interim final rule with request
for comments.
AGENCY:
In this interim final rule, the
Bureau of Industry and Security (BIS)
amends the Export Administration
Regulations (EAR) to authorize the
release of specified items subject to the
EAR without a license when that release
occurs in the context of a ‘‘standardsrelated activity,’’ as defined in this rule.
BIS is revising the terms used in the
EAR to describe the actions permissible
under the authorization rather than
defining the organizations to which it
applies. The scope of the authorization
is revised to include certain
‘‘technology’’ as well as ‘‘software’’ and
applies to all entities listed on BIS’s
Entity List. The uncertainty of not
knowing whether other entities listed on
the Entity List are participants in
standards organizations and whether a
BIS license is required to release lowlevel technology for legitimate standards
activities has caused U.S. companies to
limit their participation in standardsrelated activities in areas that are critical
to U.S. national security. This
authorization only overcomes licensing
requirements imposed as a result of an
entity’s inclusion on the Entity List;
other EAR licensing requirements,
including additional end-use or enduser based licensing requirements may
continue to apply. This final rule does
not change the assessment of whether
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SUMMARY:
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‘‘technology’’ or ‘‘software’’ is subject to
the EAR. BIS is making these revisions
to ensure that export controls and
associated compliance concerns as they
relate to the Entity List do not impede
the leadership and participation of U.S.
companies in national and international
standards-related activities
DATES:
Effective date: This rule is effective
September 9, 2022.
Comment date: Comments must be
received by BIS no later than November
8, 2022.
ADDRESSES: You may submit comments,
identified by docket number BIS–2020–
0017 or RIN 0694–AI06, through the
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
You can find this interim final rule by
searching for its regulations.gov docket
number, which is BIS–2020–0017.
All filers using the portal should use
the name of the person or entity
submitting comments as the name of
their files, in accordance with the
instructions below. Anyone submitting
business confidential information
should clearly identify the business
confidential portion at the time of
submission, file a statement justifying
nondisclosure and referring to the
specific legal authority claimed, and
also provide a non-confidential version
of the submission.
For comments submitted
electronically containing business
confidential information, the file name
of the business confidential version
should begin with the characters ‘‘BC.’’
Any page containing business
confidential information must be clearly
marked ‘‘BUSINESS CONFIDENTIAL’’
on the top of that page. The
corresponding non-confidential version
of those comments must be clearly
marked ‘‘PUBLIC.’’ The file name of the
non-confidential version should begin
with the character ‘‘P.’’ The ‘‘BC’’ and
‘‘P’’ should be followed by the name of
the person or entity submitting the
comments. Any submissions with file
names that do not begin with a ‘‘BC’’ or
‘‘P’’ will be assumed to be public and
will be made publicly available through
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Susan Kramer, Regulatory Policy
Division, Bureau of Industry and
Security, Department of Commerce.
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Phone: (202) 482–2440; Email:
Susan.Kramer@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
1. Entity List Actions and the Temporary
General License
Effective May 16, 2019, the Bureau of
Industry and Security (BIS) added
Huawei Technologies Co., Ltd. (Huawei)
and sixty-eight of its non-U.S. affiliates
to the Entity List (see 84 FR 22961 (May
21, 2019)). The Entity List (supplement
no. 4 to part 744 of the Export
Administration Regulations (EAR) (15
CFR parts 730–774)) identifies entities
for which there is reasonable cause to
believe, based on specific and
articulable facts, that the entities have
been involved, are involved, or pose a
significant risk of being or becoming
involved in activities contrary to the
national security or foreign policy
interests of the United States. The EAR
impose additional license requirements
on, and limit the availability of most
license exceptions for, exports,
reexports, and transfers (in-country) to
entities on the Entity List. The license
review policy for each listed entity is
identified in the ‘‘License review
policy’’ column on the Entity List, and
the availability of license exceptions is
described in the relevant Federal
Register notice adding the entity to the
Entity List. BIS places entities on the
Entity List pursuant to part 744 (Control
Policy: End-User and End-Use Based)
and part 746 (Embargoes and Other
Special Controls) of the EAR.
The addition of Huawei and its nonU.S. affiliates to the Entity List imposed
a licensing requirement under the EAR
regarding the export, reexport, and
transfer (in-country) of most items
subject to the EAR to the listed Huawei
entities. On May 22, 2019 (84 FR
23468), BIS published a Temporary
General License (TGL) which
temporarily authorized engagement in
certain transactions of items subject to
the EAR with Huawei and its listed nonU.S. affiliates, including (but not limited
to) engagement as necessary for
development of 5G standards by a duly
recognized standards body. Effective
August 19, 2019 (84 FR 43493 (August
21, 2019)), an additional 46 non-U.S.
affiliates of Huawei were placed on the
Entity List with the same licensing
requirements and TGL eligibility as
Huawei and the initial sixty-eight non-
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U.S. affiliates. The TGL was also
extended and amended (see 84 FR
43487 (August 21, 2019)) to remove the
provision addressing engagement as
necessary for development of 5G
standards by a duly recognized
standards body, on the basis of the BIS
determination that existing provisions
of the EAR sufficed for such
engagement. In parallel with the
publication of the August 21, 2019 rule,
BIS posted a General Advisory Opinion
on the BIS website, later rescinded and
removed, that addressed the
applicability of § 734.7 of the EAR
(Published) (15 CFR 734.7) to certain
types of releases to Huawei and its
listed affiliates. TGL eligibility was
subsequently continued through a series
of extensions (see 84 FR 64018
(November 20, 2019), 85 FR 8722
(February 18, 2020), 85 FR 14416
(March 12, 2020) and 85 FR 29610 (May
18, 2020)). BIS allowed the TGL to
expire on August 13, 2020, at which
point the TGL was replaced with a more
limited authorization to better protect
U.S. national security and foreign policy
interests, as implemented in a final rule
effective August 17, 2020 (85 FR 51596,
(August 20, 2020)). The August 17, 2020
rule also added thirty-eight additional
non-U.S. affiliates of Huawei to the
Entity List and revised General
Prohibition Three (found in part 736 of
the EAR).
2. Authorization for Release of
Technology in the Context of Standards
Organizations in the June 18, 2020 IFR
In response to the addition of Huawei
and its non-U.S. affiliates to the Entity
List, and the related amendments, BIS
received questions regarding the
applicability of the EAR in the context
of standards setting or development. On
June 18, 2020 (85 FR 36719), BIS
published an interim final rule, Release
of ‘‘Technology’’ to Certain Entities on
the Entity List in the Context of
Standards Organizations (the June 18th
IFR) with a request for comment, to
clarify and amend the scope of license
requirements imposed by the Entity List
listing specific to exchanges of certain
EAR-controlled technology in a
standards organization environment for
Huawei and its specified affiliates.
The June 18th IFR removed certain
license requirements imposed by the
original Entity List listings by revising
the Entity List to authorize certain
releases of ‘‘technology’’ without a
license within the context of
contributing to the revision or
development of a standard in a
standards organization. As a result of
these revisions, ‘‘technology’’ subject to
the EAR and designated as EAR99 or
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controlled on the Commerce Control
List (CCL) only for anti-terrorism (AT)
reasons could be released to members of
a standards organization, including
Huawei, without a license, if released
for the purpose of contributing to the
revision or development of a standard.
To effectuate this change, BIS modified
the Entity List entries for Huawei and its
listed non-U.S. affiliates by revising the
text in the Licensing Requirement
column for these entries to authorize the
release of certain technology to Huawei
and its affiliates on the Entity List
without a license if such release is made
for the purpose of contributing to the
revision or development of a ‘‘standard’’
in a ‘‘standards organization.’’ The June
18th IFR also added definitions of
‘‘standard’’ and ‘‘standards
organization’’ to § 772.1 of the EAR
(Definitions). These definitions were
derived from Office of Management and
Budget (OMB) Circular A–119: Federal
Participation in the Development and
Use of Voluntary Consensus Standards
and in Conformity Assessment
Activities (81 FR 4673 (January 27,
2016)), available at https://
www.nist.gov/system/files/revised_
circular_a-119_as_of_01-22-2016.pdf.
3. Summary of Public Comments
Received Regarding the June 18th IFR
The public comment period for the
June 18th IFR regarding the release of
technology to certain entities on the
Entity List in the context of standards
organizations closed on August 17,
2020. In response to the request for
comments on the impact of the changes
promulgated in the June 18th IFR, BIS
received 22 relevant comments: one by
an individual, three by companies, and
18 by associations and industry
organizations, including several
standards organizations. All
commenters were generally supportive
of the changes implemented in the June
18th IFR. Several commenters
acknowledged that the June 18th IFR
was intended, in part, to address the
confusion created by the 5G exception
from the TGL and noted that the
changes in the June 18th IFR went
beyond the 5G exception. However, the
majority of the commenters advised that
the June 18th IFR did not resolve the
uncertainty of U.S. industry regarding
participating in standards organizations
that include Entity Listed entities;
limiting the scope of the standards
exemption to only Huawei and its nonU.S. affiliates and not to other listed
entities has created an environment of
uncertainty for industry and companies.
They noted that additional actions were
needed to maintain and ‘‘restore the
ability of U.S.-based standards
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organizations to develop international
standards and of these U.S.
organizations and their U.S. members to
participate fully in international
standards development.’’
BIS agrees with the commenters that
additional actions are needed to protect
U.S. technological leadership without
discouraging, and indeed supporting
and promoting, the full participation of
U.S. actors in international standards
development efforts. The national
security threat that results from ceding
U.S. participation and leadership in
standards development and
promulgation outweighs the risks
related to the limited release of certain
low-level technology and software to
parties on the Entity List in the context
of a ‘‘standards-related activity.’’
Participation in standards-related
activities is imperative in allowing the
United States to continue to participate
and lead in global standards settings
environments. BIS is making the
following revisions to ensure that export
controls and associated compliance
concerns as they relate to the Entity List
do not impede the leadership and
participation of U.S. companies in
standard activities. Any impediment to
U.S. influence in standards
development forums is a national
security threat to the United States
because not only does it limit U.S.
leadership in standards development,
but other countries are already racing to
fill this vacuum with their own
leadership and standards. In many
cases, this ceding of U.S. leadership not
only undermines democratic values and
U.S. national security and foreign policy
interests, but it also contributes to a
potential future global standards
environment that actually works to
oppose U.S. interests.
B. Changes to Licensing Requirements
in the Context of Specific Standards
Activities
After review of the public comments
from the June 18th IFR, consultation
with the interagency, and in
consideration of the U.S. national
security and foreign policy interests at
stake, this final rule amends the EAR to
revise the standards authorization by:
(1) Clarifying the scope and application of
standards activities covered by the
authorization;
(2) Including EAR99 and AT-only
controlled ‘‘software’’ in the scope of the
authorization;
(3) Authorizing the release of specified
‘‘software’’ and ‘‘technology’’ when
specifically for the ‘‘development,’’
‘‘production,’’ and ‘‘use’’ of cryptographic
functionality; and
(4) Applying the scope of the authorization
to all entities listed on the Entity List.
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To implement these changes, this
interim final rule revises parts 744 and
772 of the EAR. Note that even when a
license requirement does not apply,
items that are ‘‘subject to the EAR’’ are
still subject to recordkeeping and other
applicable EAR requirements (see, e.g.,
§ 762.1 of the EAR).
As set forth in § 744.11, the scope of
the standards authorization is tied to the
‘‘release’’ of certain ‘‘technology’’ or
‘‘software’’ when such a release is for a
‘‘standards-related activity,’’ as defined
in § 772.1 of the EAR, and where there
is an intent for the resulting standard to
be ‘‘published,’’ as defined in § 734.7 of
the EAR. A ‘‘standards-related activity’’
includes activities required for the
development, adoption or application of
a standard, where there is an intent to
publish the resulting standard. In order
to qualify for the standards
authorization, the following must be
true:
(1) The technology or software must
be designated as EAR99; controlled for
AT reasons only on the CCL; or
specifically for the ‘‘development,’’
‘‘production,’’ and ‘‘use’’ of
cryptographic functionality;
(2) The ‘‘release’’ of technology or
software must be made in the context of
a ‘‘standards-related activity;’’ and
(3) There must be intent to ‘‘publish’’
the resulting standard.
If there is no intent to publish the
resulting standard, then even if the
software or technology is designated
EAR99, controlled for AT reasons only,
or specifically for the ‘‘development,’’
‘‘production,’’ and ‘‘use’’ of
cryptographic functionality, a license
would be required for the release of that
technology or software to an entity on
the Entity List (if required by the
License requirement column for the
entity on the Entity List).
As described in Note 1 to the
definition of ‘‘technology,’’
‘‘technology’’ may be ‘in any tangible or
intangible form, such as written or oral
communication.’ Release of technology
subject to the EAR outside of the
‘‘standards-related activity’’ would
continue to require a license. Similarly,
one-on-one (individual to individual)
discussions that are not related to a
‘‘standards-related activity’’ would not
be included in the scope of the
authorization and a license would be
required for such a release.
This authorization only overcomes
the license requirement imposed as a
result of an entity’s listing on the Entity
List. If you determine that other EAR
licensing requirement apply, including
any of the other end-use or end-userbased licensing requirements in part 744
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of the EAR, you must comply with the
terms of those licensing requirements
2. Changes to Part 772 Definitions of
Terms
1. Changes to Part 744 Control Policy:
End-User and End-Use Based
This interim final rule adds a
definition for ‘‘standards-related
activity’’ to § 772.1 of the EAR
(Definitions) and removes the
definitions for ‘‘standards’’ and
‘‘standards organizations.’’
For purposes of the EAR, BIS is
defining a ‘‘standards-related activity’’
to include the development, adoption or
application of any standard, with the
intent that the resulting standard will be
‘‘published’’ (as described in § 734.7). A
standards-related activity would include
an action taken for the purpose of
developing, promulgating, revising,
amending, reissuing, interpreting,
implementing or otherwise maintaining
or applying such a standard. For
purposes of the EAR, a standard would
be any document or other writing that
provides, for common and repeated use,
rules, guidelines, technical or other
characteristics for products or related
processes and production methods, with
which compliance is not mandatory. As
stated in the definition, there must be
intent to publish the resulting standard.
In this interim final rule, BIS is
revising §§ 744.11 (License
Requirements That Apply To Entities
Acting Contrary To The National
Security Or Foreign Policy Interests Of
The United States) and 744.16 (Entity
List), as well as supplement no. 4 to Part
744. The language regarding standards
activities is added, as described below,
to §§ 744.11 and 744.16 of the EAR.
Additionally, BIS is removing the
existing standards exception language
from the ‘‘Licensing Requirement’’
column of the Entity List for all entries
where it currently is stated and adding
revised language to the introductory
paragraph of supplement no. 4 to Part
744 as it now applies to all entities on
the Entity List.
BIS is revising paragraph (a) in
§ 744.11 to specify that a license would
not be required for certain ‘‘software’’ or
‘‘technology,’’ when released in the
context of a ‘‘standards-related activity.’’
In addition, BIS is revising paragraph
(a) in § 744.16 by adding a sentence in
the first paragraph to refer to the
standards related authorization in
§ 744.11(a)(1). While three commenters
suggested BIS amend § 744.16 of the
EAR to state that the license
requirement does not apply to standards
development activity or standardsrelated activity, the same commenters
also mentioned that ‘‘amending the
[existing] individual Entity List entries
would result in an extremely confusing
structure for members of standards
organizations to have to sort through to
determine compliance.’’ BIS agrees that
there is potential for confusion and
compliance issues if all existing entries
on the Entity List were modified. BIS
also recognizes that many companies
and individuals refer to the
Consolidated Screening List when
screening the parties to their
transaction. The majority of existing
entries on the Entity List reference
§ 744.11, and none reference § 744.16;
therefore, to limit confusion, BIS is
adding a reference to § 744.11(a)(1) in
§ 744.16(a).
Similarly, BIS is adding a cross
reference to § 744.11 in the introductory
paragraph of supplement no. 4 to Part
744. Additionally, BIS is modifying the
text in the Licensing Requirement
column for all of the entries of Huawei
and its listed non-U.S. affiliates to
remove the standards language and
instead reference specific sections in
Parts 736 and 744.
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C. Request for Additional Public
Comments for This Interim Final Rule
BIS is requesting comment on the
revisions promulgated in this interim
final rule. Instructions for submission of
comments, including comments that
contain business confidential
information, are found in the ADDRESSES
section of this interim final rule. In
particular, BIS seeks comments in the
following areas:
Industries involved in standards
development: BIS is requesting
comments and additional information
on whether the current scope of this
authorization is adequate for the United
States to retain its participation and lead
in other areas that are important to the
United States Government and industry,
such as energy, artificial intelligence
(AI), biotech, aerospace, and
transportation. Does the current scope of
the authorization hinder U.S.
participation and leadership in
standards development in industries
where there is or may be participation
by listed entities? Interested parties
should provide specific examples of
industries and commercial sectors
which are or would be adversely
affected by the current scope of the
standards authorization as stated in this
final rule.
Impact of other end use/end user
controls: BIS is requesting comment on
whether there are other provisions of
the EAR that may negatively impact
U.S. national security by limiting
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leadership and participation in
standards-related activities, such as
licensing requirements for other end use
or end user-based controls listed in part
744 of the EAR. Commenters are asked
to provide specific examples of how
U.S. participation and/or leadership has
(or will be) impacted by the limited
application of this authorization to the
license requirements in § 744.11.
Compliance burden: BIS is requesting
comment from interested parties on
industries and commercial sectors that
are actively involved in standards
development, including information on
how they are affected by compliance
burdens resulting from the changes
promulgated in this and the previous
rule.
International participation and scope
of standards-related activities: BIS is
requesting comment on whether the
definition of ‘‘standards-related
activities’’ promulgated in this interim
final rule allows for full and open
participation by U.S. companies in the
development of standards. Are there
aspects of the definition that should be
better-defined or excluded?
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D. Response to Comments Received
Regarding the June 18th Standards
Interim Final Rule
The summary and response to the
comments BIS received from the June
18th IFR has been separated and
discussed as the following two sections:
(1) Policy Considerations and (2)
Requests for expansion and clarification
of scope and definitions.
1. Policy Considerations
As BIS acknowledged in the June 18th
IFR, international standards serve as the
building blocks for product
development and help ensure the
functionality, interoperability, and
safety of products, both domestically
and internationally. Many commenters
stated that it is essential to U.S.
technological leadership that U.S.
companies are able to work with foreign
companies and participate fully in
standards development organizations.
Many also noted that it is a national
security concern when U.S. standards
proposals are limited by nonparticipation of U.S. companies in
standards development activities. U.S.
regulations must ensure that U.S.
standards proposals are given full
consideration for adoption by the
international standards community.
One commenter noted, and BIS
agrees, that ‘‘enabling U.S.-based
standards organizations to lead global
collaboration and dialogue ultimately
benefits U.S. industry and consumers.’’
As another commenter mentioned, the
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issue addressed in the Entity List
additions is a serious one: ‘‘technology
transfers to entities involved in
activities that may be contrary to U.S.
national security interests. However,
they also noted that ‘‘by their very
nature, open global standards
organizations are engaged in activities
that enable U.S. economic growth and
do not involve technology transfers
contrary to U.S. national security
interests.’’
a. U.S. Government Priorities and
Unilateral Action
Three commenters referenced
Executive Order 13859, Maintaining
American Leadership in Artificial
Intelligence (84 FR 3967 (Feb. 14,
2019)), the National Strategy for Secure
5G, and the Secure 5G and Beyond Act
of 2020 (Pub. L. 116–129, 134 Stat. 223–
227). As one commenter stated, ‘‘Active
participation in global standards forums
. . . directly aligns with the stated
policy objectives of the U.S.
government’’ but that ‘‘[t]he goals of
these policies cannot be achieved if U.S.
companies are limited and constrained
in their ability to participate in and lead
standards development activities.’’
Another commenter stated that the
restrictions imposed by regulations that
limit U.S. participation in standards
development activities run counter to
the purpose of the U.S. policies and
legislation and are at odds with the
Department of Commerce’s commitment
to ‘‘fully engage and advocate for U.S.
technologies to become international
standards.’’ BIS does not agree and
notes that the U.S. Government
recognizes the importance of protecting
sensitive and leading-edge U.S.
technology while ensuring that export
controls do not unnecessarily limit U.S.
participation or hinder U.S. leadership
in international standards setting
activities.
One commenter noted that a single
country imposing unilateral
requirements on global standard settings
organizations sets a dangerous
precedent: ‘‘the U.S. does not have the
power to unilaterally compel an SSO
[Standards Setting Organization] to
change its rules, and . . . such actions
exacerbate anti-U.S. sentiments already
resulting from the difficulty of some
SSO members to enter the U.S. to
participate in SSO meetings.
Normalizing such impositions invites
retaliation by other countries at worst,
and ongoing disruption at best.’’
Another commenter opined that Entity
List considerations should not eclipse
other national initiatives and that
restricting certain foreign adversaries’
access to American technology should
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not contradict other ‘‘national
imperatives, including maintaining U.S.
leadership in the global development of
information and communications
technologies (ICT).’’ BIS acknowledges
and recognizes that the U.S.
Government needs to apply U.S. export
controls and maintain U.S.
technological leadership, particularly in
light of efforts by adversarial countries
to coordinate, subsidize, and promote
activities in international standards
bodies for the benefit of their own
enterprises and their own industry
leadership. For this reason, BIS works
closely with the Administration and
other U.S. Government agencies as well
as with the private sector, through its
advisory groups and public comment
process, to discuss and gather feedback
on its regulatory actions.
b. Effects on U.S. Participation and
Leadership in the Standards Arena
Seventeen commenters highlighted
concerns regarding reduced U.S.
participation and leadership in the
standards arena caused by unilateral
export control limits and the resulting
industry fragmentation. As one
commenter stated, ‘‘limitations on
standards engagement vis-a`-vis entities
included on the Entity List create a very
real risk of fragmentation in
international standardization, increased
compliance costs for industry, and
reduced credibility of U.S.-based
standards development organizations
(SDOs) as open global standards
organizations. Furthermore, such
fragmentation can introduce security
risks and vulnerabilities and affect both
U.S. economic security and national
security.’’ The same commenter also
noted that it may be difficult for U.S.
participants to know the company
affiliation of all participants in
international standards organizations:
‘‘In national body-based organizations,
individuals are required to declare the
country with which they are affiliated
but are not required to disclose which
organization employs them. In practice,
some disclose their employer and some
do not. Further, the disclosures are often
not available to participants at the start
of the meeting. This uncertainty could
stifle U.S. participation in these
standards organizations.’’ Another
commenter noted that ‘‘Uncertainty
regarding how the EAR impact
standards setting is causing U.S
companies to harbor reservations about
participating fully in the standards
development process, threatening to
undermine U.S. technological
leadership in multiple sectors.’’
According to several of the commenters,
hesitancy to fully participate in
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standards discussions limits the U.S.
role in global standards development.
Reduced U.S. participation is
encouraging other countries to develop
their own national proprietary
standards, which may result in a global
environment with many competing
standards instead of one global
standard. For example, one commenter
stated that this fragmentation could
provide countries such as China with a
reason to develop separate standards
and exclude U.S. technology. Another
stated, ‘‘If China moves to its own
indigenous benchmark, most of the
current influence by American
companies will be lost because Chinese
OEMs and the Chinese government . . .
will specify all the testing details. This
will create a significant disadvantage for
American OEMs when competing with
Chinese OEMs in China.’’ Another
specifically noted that ‘‘The unilateral
controls create incentives for Chinese
organizations to (i) set up barriers to full
participation by non-Chinese entities in
their Chinese standards and (ii) create
‘‘Chinese-first’’ standards that, because
of their huge market, require other
countries to adopt or modify existing
standards.’’ One commenter addressed
the development of 5G standards,
stating that if ‘‘international companies
cannot participate in the development
of Wi-Fi standards and certification . . .
[there] is the potential [for] development
of regional or fragmented certification
programs, which will fracture the
market and disadvantage consumers and
companies alike.’’
One commenter noted an additional
issue regarding patents and intellectual
property: ‘‘The creation of standards
inevitably creates monopoly powers in
the hands of the owners of standards
essential patents. The time-honored way
of avoiding the abuse of such rights is
to bring together all interested owners of
such rights in an effort to create
standards that can be implemented
under RAND licenses provided by
participating member/patent owners.’’
RAND terms are ‘‘reasonable and nondiscriminatory’’ voluntary licensing
commitments that SSOs often request
from patent owners when sharing
information that may become part of a
technical standard. As the commenter
further stated, ‘‘where an SSO decides
to exclude [certain members], these
companies are given both the
opportunity and incentive to
‘‘weaponize’’ any patent claims they
own that become essential under the
standards of that SSO.’’
BIS recognizes that an environment of
competing national standards or the
exclusion of U.S. companies in
international standards development is
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not advantageous to U.S. interests. As
one commenter noted, ‘‘U.S. and
international business interests can best
be served by facilitating rather than
restricting the participation of Huawei
and its affiliates in vital 5G SSOs and
other important standards development
organizations.’’ Therefore, in this final
rule, BIS is expanding the authorization
for the release, in specific standards
settings, of certain ‘‘technology’’ and
‘‘software’’ that is subject to the EAR to
all entities on the Entity List. BIS
understands that much of standards
development occurs using such
‘‘technology’’ and ‘‘software;’’ therefore,
this expansion should assist U.S.
companies in maintaining a leadership
position in the global standards
community.
c. Standard Development Activities
Subject to the EAR
Several commenters requested
additional clarity with respect to
standards development activities and
the interpretation of § 734.7 of the EAR
(Published). One commenter stated that
‘‘discussions with representatives of
listed entities in the context of
legitimate standards-setting activities
are not [to] be subject to the EAR as they
are made in the context of an open and
transparent process with the intent to
publish a standard.’’ Another
commenter requested confirmation that
unclassified ‘‘technology’’ or ‘‘software’’
is ‘‘published’’ and thus not subject to
the EAR when made available to the
public without restriction. Additionally,
one commenter pointed out that ‘‘the
Treasury Department’s Office of Foreign
Assets Control (OFAC) application of
sanctions pursuant to the Specially
Designated Nationals and Blocked
Persons List (SDN List) specifically did
not apply restrictions to participation in
standards development activities
because such interactions were public
and intended to result in published
standards.’’
While the application of OFAC
regulations is outside the scope of this
rule, the EAR currently provide that
‘‘published’’ unclassified technology or
software is not subject to the EAR, and
therefore does not require a license to be
exported, reexported or transferred (in
country), even to an entity on the Entity
List, provided the technology or
software is available to the public
without restriction as set forth in § 734.7
of the EAR. Many instances of the
release of technology or software in the
standards environment would be
considered published and not subject to
the EAR. Excluded from the scope of
§ 734.7 is ‘‘technology’’ or ‘‘software’’
that is not available to the public
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without restriction, as well as certain
encryption software and certain firearmrelated software or technology. Such
technology or software remains subject
to the EAR and requires a license for
transactions involving entities on the
Entity List. Therefore, BIS does not
agree with the general interpretation
that transfer or release of ‘‘technical
data’’ within the context of international
standards activities would necessarily
be considered ‘‘Published’’ under
§ 734.7 and therefore not subject to the
EAR in all circumstances.
d. Public Dialogue and Outreach
Commenters suggested a number of
ways in which BIS could assist industry
with the interpretation and application
of the authorization in the context of
standards organizations. Three
commenters pointed to additional
dialogue and engagement with the
private sector. One commenter ‘‘strongly
recommend(ed) extensive engagement
with the private sector and with the
National Institute of Standards and
Technology (NIST), which has statutory
responsibilities for coordinating federal
government standards engagement and
also federal engagement with the private
sector . . . in order to develop smarter
and more targeted policies vis-a`-vis
standards.’’ Another suggested that BIS
‘‘explore opportunities to educate the
industry during the rollout of new rules
pertaining to standards development’’;
‘‘develop more formal mechanisms and
processes for engaging with the U.S.
technology companies that are active in
the standards setting community’’; and
‘‘take steps to educate the industry on
its positions on interpretation of the IFR
and what to expect in the future.’’ BIS
appreciates these comments and will
continue to identify additional ways to
conduct industry and public outreach.
BIS has been working with other
government agencies, including NIST,
on interpretations and EAR
amendments specific to standards, and
will continue to do so to ensure that the
United States maintains a leadership
position in standards development,
while also preventing unauthorized
foreign access to sensitive U.S.
technology.
Two commenters also made
suggestions regarding BIS’s Technical
Advisory Committees (TAC). One
commenter suggested the establishment
of a standards industry technical
advisory committee focused on
standards development and standardsdevelopment activities. The other
commenter suggested modifying the
charter for the Information Systems TAC
(ISTAC) to enable it to gather and
address specific inputs related to
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standards development and to recruit
participants that can provide such
inputs. BIS notes that the ISTAC is only
one of BIS’s six existing TACs and that
the information systems sector is not the
only industry sector involved in
standards development. The
representatives on BIS’s TACs have
diverse backgrounds in many different
industries affected by the standards
issue and are able to provide BIS with
information on how their industries are
involved in and impacted by standards
development. Therefore, because BIS
will continue to seek input from its TAC
membership on this and related issues,
the establishment of a standards-focused
TAC is not warranted at this time.
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2. Requests for Expansion and
Clarification of Authorization From
Public Comments
The remainder of the comments can
be categorized into three main issues
and suggested areas of expansion. BIS
discusses the comments, suggestions,
and as necessary, subsequent actions
under three sections in the background
of this rule: (A) Expand the EAR99 and
AT-only authorization to all entities
listed on the Entity List; (B) Expand the
scope of authorization to additional
‘‘software’’ and ‘‘technology’’ that is
widely available; and (C) Clarify and
expand the definitions of ‘‘standards’’
and ‘‘standards organizations’’ used by
BIS to more accurately reflect current
industry practices and regular activities
conducted by standards organizations.
(A) Expand the EAR99 and AT-Only
Authorization to All Entities Listed on
the Entity List
Almost all commenters recommended
extending the authorization to share
technology for the purpose of
contributing to the development or
revision of a standard to other entities
on the Entity List. While one commenter
suggested that the exemption be
expanded to companies involved in
artificial intelligence (AI), other
commenters expressed that the
standards-related authorization should
apply to all entities on the Entity List.
Eight commenters highlighted that, in
addition to Huawei, there are other
entities listed on the Entity List that are
members of standards bodies or have
historically participated in standards
development activities, and should also
be included in the authorization. As one
commenter noted, ‘‘the unpublished
technology that needs to be shared
within standards organizations is
generally not sensitive from an export
control perspective [as it] is generally
AT-only and EAR99 technology.’’ As
another commenter stated, if the U.S.
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government has determined that ‘‘a
standards-related carve-out for Huawei
advances U.S. national security, foreign
policy, and economic security objectives
. . . then [allowing the] carve-out for all
other listed entities would also advance
the same objectives.’’ A third
commenter noted that ‘‘Applying that
same policy to standards activities that
include any listed entities also will
advance the U.S. government objective
of ensuring U.S. technological
leadership.’’
Thirteen commenters expressed
concern that the uncertainty regarding
licensing requirements for currently
listed entities as well as future additions
to the Entity List creates an increased
regulatory burden on U.S. industry. As
one commenter stated, allowing all
‘‘entities [on the Entity List] to
participate in standards setting activities
also prevents unintended consequences
that could irreparably harm U.S.
industry and U.S. competitiveness.’’ Six
commenters pointed to the increased
regulatory and compliance burden of
needing to constantly screen changes to
the Entity List against standards
organizations’ membership lists. One
commenter stated that the ‘‘current
standards setting environment is
plagued by uncertainty that U.S.-based
standards bodies or U.S.-based
participants will be unable to complete
their important work when . . . a nonU.S. standards setting member [is
added] to the Entity List.’’ Three other
commenters highlighted that extending
the authorization to all entities listed on
the Entity List would level the playing
field for U.S. standards participants; as
one noted, ‘‘with an increasing number
of non-US companies and multinational, global organizations spanning
multiple continents, creating
technological advances in a range of
connected technologies, it is critically
important that their contributions be
considered for the development of
standards and specifications that can be
used around the world . . . By
extending the exemption to [all]
companies on the Entity List, BIS will
be leveling the playing field for U.S.
companies because single standards
developed with input from participants
around the world will open more
markets for U.S. companies and reduce
artificial market barriers in other
countries . . . The rapid pace of
standards development, particularly for
digital technologies is completely at
odds with the time that is typically
required for applying for exemptions
[licenses] to work with organizations
that are on the Entity List, and for the
applications to be adjudicated. As these
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standards development activities
routinely involve dozens of US
companies, it is neither practical, nor
reasonable to expect all of the
participating US companies . . . to
apply for such exemptions.’’ In
summary, as one commenter noted,
innovation and U.S. technological
leadership is promoted by ‘‘clarity and
simplicity regarding the Entity List and
standards processes.’’
BIS agrees with the commenters that
the standards-related authorization
should be applied to all entities on the
Entity List. The uncertainty created by
not knowing whether a BIS license is
required to release low level technology
for legitimate standards activities has
undermined U.S. participation in these
activities. The basis for the
authorization for low level, nonsensitive, and widely available items to
Huawei is also valid for all other entities
on the Entity List. Extending a standards
authorization to all listed entities on the
Entity List will reduce the regulatory
burden for industry and mitigate
unintended consequences that could
harm U.S. industry leadership and
competitiveness in the
telecommunications and information
technology sector.
(B) Expand the Scope of the
Authorization To Include Additional
‘‘Technology’’ and ‘‘Software’’
(1) Expand the Scope of the
Authorization To Include ‘‘Software’’
Designated EAR99 or Controlled for AT
Reasons Only
Eleven commenters suggested that in
addition to ‘‘technology,’’ ‘‘software’’
should be included in the authorization
because the sharing of software is
increasingly important in standards
development. According to the
commenters, software must be regularly
released for standardized benchmarks
and technology standards commonly
include software code as part of the
standards development process. As one
commenter highlighted, ‘‘Standards
bodies’ participants exchange software
executables and/or source code as part
of their work.’’ Commenters asserted
that while some software may be
publicly available and therefore not
subject to the EAR, software subject to
the EAR and designated EAR99 or
controlled for AT reasons only that is
shared in the ordinary course of
standards development activities should
be authorized to the same extent that
‘‘technology’’ that is designated EAR99
or controlled for AT reasons only is
authorized under the EAR. Commenters
concurred that including ‘‘software’’ in
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the scope of the authorization will not
harm national security.
BIS agrees with commenters that the
scope of the authorization should be
extended to include certain ‘‘software.’’
BIS appreciates the specific examples
provided in the comments that reflect
the need to share software (e.g., as part
of developing codecs, reference software
implemented as part of the standard).
One commenter noted that ‘‘software
allows members to incorporate ideas
from many into a design the standards
body is developing so that the other
members can see how the idea would
work. Such software is not ‘‘production
code,’’ i.e., that which is needed to
produce the product. Rather, it is that
which is designed to show performance
aspects of a proposed standard.’’ BIS
acknowledges that the release of certain
software is a usual, customary, and
necessary part of standards activities.
In response to the public comments,
BIS is revising the EAR to expand the
scope of the authorization to include
‘‘software’’ subject to the EAR and
designated as EAR99 or controlled for
AT reasons only, or specifically for the
‘‘development,’’ ‘‘production,’’ and
‘‘use’’ of cryptographic functionality,
when such ‘‘software’’ is released in the
context of a ‘‘standards-related activity’’
(see 772.1 of the EAR—Definitions).
(2) Expand the Scope of the
Authorization to ‘‘Technology’’ and
‘‘Software’’ Beyond EAR99 and ATOnly Controlled Items
BIS received fourteen comments
requesting that the authorization be
extended beyond EAR99 and AT-only
controlled ‘‘technology’’ to include
additional ‘‘technology’’ and
‘‘software.’’ One commenter suggested
that technology ‘‘ranging from hardware
and chips to software and source code
[should be added] to the exemption for
standards processes.’’ Another
commenter mentioned that ‘‘the EAR
should not interfere with U.S.
leadership in standards organizations,
except with respect to truly sensitive
military and dual-use technologies that
are controlled for release to foreign
person[s] generally.’’ Six commenters
noted that some standards activities
related to encryption, so the
authorization should be expanded to
include information security software
and technology classified under ECCNs
5D002 and 5E002. One commenter also
noted that, ‘‘(i)nformation security is a
critical element of 5G technology. 5G
poses an elevated security threat . . .
Information security must be
incorporated from the outset into 5G
standards, in order to ensure that the
expected benefits of 5G networks can be
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achieved and the attendant risks
minimized. Adding information security
technology classified under ECCN
5E002 and related software classified
under ECCN 5D002 to the list of
technologies that may be shared in the
context of standards organizations is the
bare minimum required in order to
permit standards organizations to
address the elevated threat presented by
5G networks.’’
BIS recognizes that neither an
environment of competing national
standards nor the exclusion of U.S.
companies in international standards
development is advantageous to U.S.
interests. In the case of software and
technology that is designated EAR99,
controlled for AT reasons only, BIS is
allowing the release, without a license,
of software and technology that is
already widely available on the global
market. In addition, BIS agrees with
commenters that information security is
an important part of standards work,
including in the development of 5G
standards. BIS is allowing for the release
in standards environments of software
and technology specifically for the
‘‘development,’’ ‘‘production,’’ and
‘‘use’’ of cryptographic functionality;
without proper standardization in
encryption functionality, vulnerabilities
and issues in 5G security will pose a
national security threat to the United
States.
Therefore, in this final rule, BIS is
revising the authorization for the
release, in ‘‘standards related activities,’’
to include specific ‘‘technology’’ and
‘‘software’’ that is widely available and
is subject to the EAR, to all entities on
the Entity List. The authorization is
revised to include software that is
designated EAR99, software that is
controlled for AT reasons only, and
software that is classified only in ECCN
subparagraphs 5D002.b and 5D002.c.1
(only for equipment specified in ECCNs
5A002.a and 5A002.c). The
authorization continues to include the
release of technology that is designated
EAR99, or controlled for AT reasons
only, and is revised to include
technology classified under ECCN
5E002, only for equipment specified in
ECCN subparagraphs 5A002.a, .b and .c,
and technology classified under ECCN
5E002 for software controlled under
ECCN 5D002.b and .c.1, (only for
equipment specified in ECCN
subparagraphs 5A002.a and .c) when the
release is for a ‘‘standards-related
activity’’ and specifically for the
‘‘development,’’ ‘‘production,’’ and
‘‘use’’ of cryptographic functionality.
These specific ECCN subparagraphs
that are included in the expanded
authorization allow the release of
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software and technology for
functionality but not for other types of
information security functions that
remain controlled in Category 5 Part 2
of the CCL. Included in the expanded
authorization are software and
technology that encrypts and decrypts
data that is regularly used in the
development and production of many
commonplace products that use
cryptography (e.g., smart phones,
printers/scanners; toys; etc.). The
specific software and technology
authorized include only cryptographic
functions needed to assist the
development of security in a 5G
network, not to develop 5G products or
capacity. No other cryptanalytic items
or products that use cryptographic
techniques are included in the
authorization. BIS understands that
much standards development occurs
using this widely available ‘‘software’’
and ‘‘technology’’ covered by the
expanded authorization and this should
assist U.S. companies in maintaining a
leadership position in the global
standards community.
(C) Clarify and Expand the Definitions
of ‘‘Standards’’ and ‘‘Standards
Organizations’’ Used by BIS To Reflect
Current Industry Practices
Eighteen commenters requested
additional clarification or expansion of
the ‘‘standards’’ and ‘‘standards
organizations’’ definitions added to the
EAR in the June 18th IFR. The general
consensus of the comments was that the
‘‘standards’’ and ‘‘standards
organizations’’ definitions derived from
the Office of Management and Budget
(OMB) Circular A–119 were not the
appropriate definitions for this context
and created uncertainty and questions
regarding which U.S. companies and
organizations in the standards setting
community are subject to the licensing
requirements. As one commenter stated,
OMB Circular A–119 ‘‘emphasizes the
role of the U.S. government in the
development and use of standards’’
while the exception from the license
requirement in the June 18th IFR is
‘‘intended to reduce barriers for U.S.
companies in their participation and
leadership in the development of
standards.’’
(1) Comments Regarding ‘‘Standards’’
BIS received thirteen comments
regarding the OMB Circular A–119
definition of ‘‘standards.’’ Eight
commenters requested additional
clarification or confirmation regarding
the ‘‘standards’’ definition while six
commenters suggested revisions and
expansions to the definition.
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(a) Clarification and Confirmation of
Definition
A number of commenters requested
confirmation from BIS that certification
and conformance activities were
included in the definition of
‘‘standards.’’ One commenter noted that
the OMB Circular mentions that:
‘‘Certification programs are conformity
assessment activities . . . The definition
of ‘conformity assessment’ in the OMB
Circular states that certification, as well
as the accreditations of the competence
of these activities, is included . . . [In
addition], OMB Circular A–119
recognizes that conformity assessment
activities are part of, and integral to,
much of standards development . . .
Finally, federal law explicitly
recognizes standards development
activities to include conformity
assessment activities. The National
Cooperative Research and Production
Act of 1993 uses the same definition of
a ‘voluntary consensus standard’ used
in OMB Circular A–119 and further
defines a ‘standards development
activity.’ ’’
Another commenter requested
confirmation that ‘‘the scope of
standards development activities
permitted by the Final Rule includes
any action taken by an SDO for the
purpose of developing, promulgating,
revising, reissuing, interpreting, or
otherwise maintaining a voluntary
consensus standard, including standard
conformity testing and assessment
activities.’’
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(b) Revision and Expansion of
Definition
One commenter requested that
‘‘standardized benchmarks’’ be included
as part of the standards definition and
defined as ‘‘measurement software
developed by an organization of
relevant industry companies to evaluate
the performance or energy consumption
of a computing system. Without such an
amendment, American companies will
be excluded from the development of
standardized benchmarks which are
critical for selling computers.’’
Several commenters referenced the
Standards Development Organization
Advancement Act of 2004 (SDOAA) (15
U.S.C. 4301–4306) and suggested the
addition of and adherence to its
‘‘standards development activity’’
definition, which is commonly accepted
by industry and extends beyond
production to include post-production
activities. One commenter stated that
the ‘‘EAR defines ‘‘development’’ to
include all stages prior to an item’s
being in ‘‘production,’’ e.g., no longer
being modified. However, ‘‘standards
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development activities’’ are clearly
defined in U.S. standards law (the
SDOAA) as including activities [in] all
stages of a standard’s promulgation,
such as its maintenance and conformity
assessment.’’ A separate comment noted
that even applying a restrictive (but
definitive) EAR definition of
‘‘development’’ to the standards carveout would resolve uncertainty about
whether ordinary promulgation and
standards related activities are within
the scope of the authorization.
Several commenters suggested that
BIS define ‘‘standards-related activities’’
by referencing the existing definition
from the Trade Agreements Act (TAA)
of 1979 (19 U.S.C. 2501–2582). Several
commenters also requested guidance on
whether ‘‘standards’’ include important
ancillary aspects of a standard, such as
reference implementations,
interoperability testing, conformance
testing results, and other related
technology development that helps to
foster adoption, implementation, and
improvement of the underlying
standard. The commenters suggested
that if these actions are not considered
‘‘standards’’ under the June 18th
definition, the definition should be
‘‘broadened to apply to encompass these
activities of standards bodies that
facilitate widespread adoption of
technical standards.’’ The comments
also emphasized that allowing the full
set of activities undertaken by a
standards-setting body would enable
U.S. companies to lead throughout the
lifecycle of standards development.
(2) Comments Regarding ‘‘Standards
Organization’’
BIS received twelve comments
regarding the OMB Circular A–119
definition of ‘‘Standards Organization.’’
As one commenter noted, ‘‘uncertainty
regarding whether a standards
organization meets the characteristics of
a ‘‘standards organization’’ as defined
[by Circular A–119] could cause U.S.
companies to limit, withdraw, or delay
their involvement in standards
organizations . . . Participation rates in
standards development is a key factor in
the success and adoption of those
standards.’’ Seven comments requested
additional clarification or confirmation
regarding BIS’s ‘‘standards
organization’’ definition while five
comments included suggested revisions
and expansions to the definition.
A number of comments requested
clarity or confirmation regarding what
types of organizations met the
equivalent ‘‘voluntary consensus
standards body’’ (VCSB) definition as
defined by OMB Circular A–119. One
commenter requested clarification as to
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whether the June 18th IFR applies only
to international voluntary consensus
standards bodies or ‘‘if it also applies to
national standard setting organizations.
OMB Circular No. A–119, which the
rule refers to, notes that standard setting
organizations are both domestic and
international, although the language of
the rule seems to contemplate the rule
applying to international standard
setting.’’ Four commenters requested
that BIS confirm that consortia or
alliances are considered ‘‘standards
organizations’’ for the purposes of the
June 18th IFR. Two commenters
requested confirmation that entities that
develop certification programs would
also be considered VCSBs. One
commenter requested further
clarification on SSO’s and whether U.S.
persons are permitted to work with
Huawei and its affiliates in standards
development activities or not.
A number of commenters suggested
revisions to BIS’s definition of
‘‘standards organizations.’’ Several
commenters opined that OMB Circular
No. A–119 and the definition of VCSBs
is not a suitable definition for purposes
of the EAR. One commenter
recommended amending the definition
to remove the ‘‘appeals process’’
required by OMB Circular No. A–119.
Another commenter suggested that paid
membership model organizations not be
excluded from the scope of the VSCB
definition. One commenter suggested
that BIS should state that ‘‘U.S.
companies may safely participate in any
SSO formed with the intention of
creating global standards and which
admits all interested parties as members
on a non-discriminatory basis. Failing
that, providing an SSO-specific
exception referencing only the
Openness and Consensus elements of
the VCSB definition, tailored to ICT
SSO realities, would provide a next-best
solution.’’ The same commenter
endorsed the use of ‘‘industry-accepted
objective criteria, such as the ISO/IEC
JTC–1 PAS Submitter process as well as
other industry-established criteria or
processes that would recognize
legitimate standards organizations as
qualifying as ‘‘standards
organizations’’.’’
(3) Removal of Definitions for
‘‘Standards’’ and ‘‘Standards
Organization;’’ Addition of Definition
for ‘‘Standards-Related Activity’’
BIS appreciates the insight and
suggestions provided in the public
comments to the June 18th IFR
regarding the definitions, as well as the
explanations of the issues that
companies face on a practical level with
regard to standards and information
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sharing in the context of standards
organizations. BIS understands and
acknowledges that the ‘‘standards’’ and
‘‘standards organizations’’ terms, as
defined by the OMB Circular No. A–
119, do not adequately address the
breadth of activities and issues that
companies run into while participating
in standards organizations.
Therefore, based on this input derived
from public comments and interagency
discussions, this final rule removes the
definitions of ‘‘standards’’ and
‘‘standards organization’’ from the EAR.
BIS considered the definitions found in
the TAA and SDOAA and incorporated
the relevant and applicable elements of
the definitions into a ‘‘standards-related
activity’’ definition. BIS is adding this
term to § 772.1 of the EAR (Definitions).
The scope of the standards
authorization now reflects activities as
defined and in the context of a
‘‘standards-related activity.’’ Use of the
‘‘standards-related activity’’ definition
appropriately focuses export controls on
activities that are important to United
States technological leadership rather
than the type of organization that
performs them. Standards activities
must not be constrained by defining the
organization or product of the
deliberations in such a way that full
participation in the intended activities
cannot be achieved.
Export Control Reform Act of 2018
On August 13, 2018, the President
signed into law the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019, which included the
Export Control Reform Act of 2018
(ECRA) (50 U.S.C. 4801–4852). ECRA
provides the legal basis for BIS’s
principal authorities and serves as the
authority under which BIS issues this
rule. As set forth in Section 1768 of
ECRA, all delegations, rules,
regulations, orders, determinations,
licenses, or other forms of
administrative action that were made,
issued, conducted, or allowed to
become effective under the Export
Administration Act of 1979 (previously,
50 U.S.C. 4601 et seq.) (as in effect prior
to August 13, 2018 and as continued in
effect pursuant to the International
Emergency Economic Powers Act (50
U.S.C. 1701 et seq.)) or the Export
Administration Regulations, and were
in effect as of August 13, 2018, shall
continue in effect according to their
terms until modified, superseded, set
aside, or revoked under the authority of
ECRA.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
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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
interim final rule has been designated as
significant for purposes of Executive
Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to or be subject to a penalty
for failure to comply with a collection
of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (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 interim
final rule involves the collection
currently approved by OMB under the
BIS control number: Simplified Network
Application Processing System (control
number 0694–0088), which includes,
among other things, license
applications. The information collection
under control number 0694–0088,
carries a burden estimate of 29.4
minutes for a manual or electronic
submission for a total burden estimate
of 31,835 hours. Total burden hours
associated with the PRA and OMB
control number 0694–0088 are not
expected to increase as a result of this
rule.
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 ECRA,
this action is exempt from the
Administrative Procedure Act (5 U.S.C.
553) requirements, including prior
notice and the opportunity for public
comment.
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
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15 CFR Part 772
Exports.
Accordingly, parts 744 and 772 of the
Export Administration Regulations (15
CFR parts 730 through 774) are
amended as follows:
PART 744—CONTROL POLICY: ENDUSER AND END-USE BASED
1. The authority citation for 15 CFR
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. 13020, 61 FR 54079, 3
CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; 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 15, 2021,
86 FR 52069 (September 17, 2021); Notice of
November 10, 2021, 86 FR 62891 (November
12, 2021).
2. Section 744.11 is amended by
revising paragraph (a) introductory text
and paragraph (a)(1) to read as follows:
■
§ 744.11 License requirements that apply
to entities acting contrary to the national
security or foreign policy interests of the
United States.
*
*
*
*
*
(a) License requirement, availability of
license exceptions, and license
application review policy. A license is
required, to the extent specified on the
Entity List, to export, reexport, or
transfer (in-country) any item subject to
the EAR when an entity that is listed on
the Entity List is a party to the
transaction as described in § 748.5(c)
through(f) of the EAR unless otherwise
authorized or excluded in this section.
License exceptions may not be used
unless authorized in the Entity List
entry for the entity that is party to the
transaction. Applications for licenses
required by this section will be
evaluated as stated in the Entity List
entry for the entity that is party to the
transaction, in addition to any other
applicable review policy stated
elsewhere in the EAR.
(1) Standards Related Activity. A
license is not required for the release of
‘‘technology’’ or ‘‘software’’ designated
EAR99 or controlled on the CCL for
anti-terrorism reasons only, when such
a release is for a ‘‘standards-related
activity.’’ In addition, a license is not
required for the release of the following
ECCN ‘‘items’’ level paragraphs of
‘‘technology’’ or ‘‘software’’ specifically
for the ‘‘development,’’ ‘‘production,’’ or
‘‘use’’ of cryptographic functionality
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when such a release is for a ‘‘standardsrelated activity:’’ ‘‘software’’ that is
classified under ECCN 5D002.b or
5D002.c.1 (for equipment specified in
ECCN 5A002.a and 5A002.c only);
‘‘technology’’ that is classified under
ECCN 5E002 (for equipment specified in
ECCN 5A002.a, .b and .c); and
‘‘technology’’ for software controlled
under ECCN 5D002.b or .c.1 (for
equipment specified in ECCN 5A002.a
and .c only).
*
*
*
*
*
■ 3. Section 744.16 is amended by
revising paragraph (a) to read as follows:
§ 744.16
ENTITY LIST
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*
*
*
*
*
(a) License requirements. In addition
to the license requirements for items
specified on the CCL, you may not,
without a license from BIS, export,
reexport, or transfer (in-country) any
items included in the License
Requirement column of an entity’s entry
on the Entity List (supplement no. 4 to
this part) when that entity is a party to
a transaction as described in § 748.5(c)
through (f) of the EAR. The specific
license requirement for each listed
entity is identified in the license
requirement column on the Entity List
in supplement no. 4 to this part. A
license is not required for the release of
certain ‘‘technology’’ or ‘‘software’’
when such a release is for a ‘‘standardsrelated activity,’’ as described in
§ 744.11(a)(1) and § 772.1 of the EAR.
■ 4. Supplement No. 4 to part 744 is
amended by revising the introductory
text and the following entries:
■ a. Under Argentina, ‘‘Huawei Cloud
Argentina’’ and ‘‘Huawei Tech
Investment Co., Ltd. Argentina’’;
■ b. Under Australia, ‘‘Huawei
Technologies (Australia) Pty Ltd.’’;
■ c. Under Bahrain, ‘‘Huawei
Technologies Bahrain’’;
■ d. Under Belarus, ‘‘Bel Huawei
Technologies LLC’’;
■ e. Under Belgium, ‘‘Huawei
Technologies Research & Development
Belgium NV’’;
■ f. Under Bolivia, ‘‘Huawei
Technologies (Bolivia) S.R.L.’’;
■ g. Under Brazil, ‘‘Huawei Cloud
Brazil’’ and ‘‘Huawei do Brasil
Telecomunicaco˜es Ltda’’;
■ h. Under Burma, ‘‘Huawei
Technologies (Yangon) Co., Ltd.’’;
■ i. Under Canada, ‘‘Huawei
Technologies Canada Co., Ltd’’;
■ j. Under Chile, ‘‘Huawei Chile S.A.’’
and ‘‘Huawei Cloud Chile’’;
■ k. Under China, ‘‘Beijing Huawei
Digital Technologies Co., Ltd.’’,
‘‘Chengdu Huawei High-Tech
Investment Co., Ltd.’’, ‘‘Chengdu
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Huawei Technologies Co., Ltd.’’,
‘‘Dongguan Huawei Service Co., Ltd.’’,
‘‘Dongguan Lvyuan Industry Investment
Co., Ltd.’’, ‘‘Gui’an New District Huawei
Investment Co., Ltd.’’, ‘‘Hangzhou
Huawei Digital Technology Co., Ltd.’’,
‘‘HiSilicon Optoelectronics Co., Ltd.’’,
‘‘HiSilicon Technologies Co., Ltd
(HiSilicon)’’, ‘‘HiSilicon Tech (Suzhou)
Co., Ltd.’’, ‘‘Hua Ying Management Co.
Limited’’, ‘‘Huawei Cloud Beijing’’,
‘‘Huawei Cloud Computing
Technology’’, ‘‘Huawei Cloud Dalian’’,
‘‘Huawei Cloud Guangzhou’’, ‘‘Huawei
Cloud Guiyang’’, ‘‘Huawei Cloud Hong
Kong’’, ‘‘Huawei Cloud Shanghai’’,
‘‘Huawei Cloud Shenzhen’’, ‘‘Huawei
Device Co., Ltd.’’, ‘‘Huawei Device
(Dongguan) Co., Ltd.’’, ‘‘Huawei Device
(Hong Kong) Co., Limited.’’, ‘‘Huawei
Device (Shenzhen) Co., Ltd.’’, ‘‘Huawei
International Co., Limited’’, ‘‘Huawei
Machine Co., Ltd.’’, ‘‘Huawei OpenLab
Suzhou’’, ‘‘Huawei Software
Technologies Co., Ltd.’’, ‘‘Huawei Tech.
Investment Co., Limited’’, ‘‘Huawei
Technical Service Co., Ltd.’’, ‘‘Huawei
Technologies Co., Ltd.’’,, ‘‘Huawei
Technologies Service Co., Ltd.’’,
‘‘Huawei Training (Dongguan) Co.,
Ltd.’’, ‘‘Huayi internet Information
Service Co., Ltd.’’, ‘‘Hui Tong Business
Ltd.,’’, ‘‘North Huawei Communication
Technology Co., Ltd.’’, ‘‘Shanghai Haisi
Technology Co., Ltd.’’, ‘‘Shanghai
HiSilicon Technologies Co., Ltd.,’’,
‘‘Shanghai Mossel Trade Co., Ltd.’’,
‘‘Shenzhen HiSilicon Technologies Co.,
Electrical Research Center’’, ‘‘Shenzhen
Huawei Technical Services Co., Ltd.’’,
‘‘Shenzhen Huawei Terminal
Commercial Co., Ltd.’’, ‘‘Shenzhen
Huawei Training School Co., Ltd.’’,
‘‘Shenzhen Huayi Loan Small Loan Co.,
Ltd.’’, ‘‘Shenzhen Legrit Technology
Co., Ltd.’’, ‘‘Shenzhen Smartcom
Business Co., Ltd.’’, ‘‘Smartcom (Hong
Kong) Co., Limited’’, ‘‘Suzhou Huawei
Investment Co., Ltd.’’, ‘‘Wuhan Huawei
Investment Co., Ltd.’’, ‘‘Wulanchabu
Huawei Cloud Computing Technology’’,
‘‘Xi’an Huawei Technologies Co., Ltd.’’,
and ‘‘Xi’an Ruixin Investment Co.,
Ltd.’’;
■ l. Under Costa Rica, ‘‘Huawei
Technologies Costa Rica SA’’;
■ m. Under Cuba, ‘‘Huawei Cuba’’;
■ n. Under Denmark, ‘‘Huawei
Denmark’’;
■ o. Under Egypt, ‘‘Huawei OpenLab
Cairo’’ and ‘‘Huawei Technology’’;
■ p. Under France, ‘‘Huawei Cloud
France’’, ‘‘Huawei France’’ and ‘‘Huawei
OpenLab Paris’’;
■ q. Under Germany, ‘‘Huawei Cloud
Berlin’’, ‘‘Huawei OpenLab Munich’’,
‘‘Huawei Technologies Deutschland
GmbH’’ and ‘‘Huawei Technologies
Dusseldorf GmbH;
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r. Under India, ‘‘Huawei OpenLab
Delhi’’ and ‘‘Huawei Technologies India
Private Limited’’;
■ s. Under Indonesia, ‘‘Huawei Tech
Investment, PT’’;
■ t. Under Israel, ‘‘Toga Networks’’;
■ u. Under Italy, ‘‘Huawei Italia’’, and
‘‘Huawei Milan Research Institute’’;
■ v. Under Jamaica, ‘‘Huawei
Technologies Jamaica Company
Limited’’;
■ w. Under Japan, ‘‘Huawei
Technologies Japan K.K.’’;
■ x. Under Jordan, ‘‘Huawei
Technologies Investment Co. Ltd.’’;
■ y. Under Kazakhstan, ‘‘Huawei
Technologies LLC Kazakhstan’’;
■ z. Under Lebanon, ‘‘Huawei
Technologies Lebanon’’;
■ aa. Under Madagascar, ‘‘Huawei
Technologies Madagascar Sarl’’;
■ bb. Under Mexico, ‘‘Huawei Cloud
Mexico’’, ‘‘Huawei OpenLab Mexico
City’’, and ‘‘Huawei Technologies De
Mexico S.A.’’;
■ cc. Under Morocco, ‘‘Huawei
Technologies Morroco’’;
■ dd. Under Netherlands, ‘‘Huawei
Cloud Netherlands’’ and ‘‘Huawei
Technologies Coo¨peratief U.A.’’;
■ ee. Under New Zealand, ‘‘Huawei
Technologies (New Zealand) Company
Limited’’;
■ ff. Under Oman, ‘‘Huawei Tech
Investment Oman LLC’’;
■ gg. Under Pakistan, ‘‘Huawei
Technologies Pakistan (Private)
Limited’’;
■ hh. Under Panama, ‘‘Huawei
Technologies Cr Panama S.A’’;
■ ii. Under Paraguay, ‘‘Huawei
Technologies Paraguay S.A.’’;
■ jj. Under Peru ‘‘Huawei Cloud Peru’’;
■ kk. Under Portugal, ‘‘Huawei
Technology Portugal’’;
■ ll. Under Qatar, ‘‘Huawei Tech
Investment Limited’’;
■ mm. Under Romania, ‘‘Huawei
Technologies Romania Co., Ltd.’’;
■ nn. Under Russia, ‘‘Huawei Cloud
Russia’’, ‘‘Huawei OpenLab Moscow’’,
and ‘‘Huawei Russia’’;
■ oo. Under Singapore, ‘‘Huawei Cloud
Singapore’’, ‘‘Huawei International Pte.
Ltd.’’, and ‘‘Huawei OpenLab
Singapore’’;
■ pp. Under South Africa, ‘‘Huawei
Cloud South Africa’’, ‘‘Huawei OpenLab
Johannesburg’’, and ‘‘Huawei
Technologies South Africa Pty Ltd.’’;
■ qq. Under Sri Lanka, ‘‘Huawei
Technologies Lanka Company (Private)
Limited’’;
■ rr. Under Sweden, ‘‘Huawei Sweden’’;
■ ss. Under Switzerland, ‘‘Huawei
Cloud Switzerland’’ and ‘‘Huawei
Technologies Switzerland AG’’;
■ tt. Under Taiwan, ‘‘Xunwei
Technologies Co., Ltd.’’;
■
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uu. Under Thailand, ‘‘Huawei Cloud
Thailand’’, ‘‘Huawei OpenLab
Bangkok’’, and ‘‘Huawei Technologies
(Thailand) Co.’’;
■ vv. Under Turkey, ‘‘Huawei OpenLab
Istanbul’’;
■ ww. Under United Arab Emirates
‘‘Huawei OpenLab Dubai’’;
■ xx. Under United Kingdom, ‘‘Centre
for Integrated Photonics Ltd.’’, ‘‘Huawei
Global Finance (UK) Limited’’, ‘‘Huawei
Technologies R&D UK’’, ‘‘Huawei
Technologies (UK) Co., Ltd.’’, ‘‘Proven
Glory’’, and ‘‘Proven Honour’’; and
■
Country
uu. Under Vietnam, ‘‘Huawei
Technologies (Vietnam) Company
Limited’’ and ‘‘Huawei Technology Co.
Ltd.’’.
The revisions read as follows:
Supplement No. 4 to Part 744—Entity
List
This Supplement lists certain entities
subject to license requirements for
specified items under this parts 744 and
746 of the EAR. License requirements
for these entities include exports,
reexports, and transfers (in-country)
unless otherwise stated. A license is
Entity
*
*
ARGENTINA ....
*
Huawei Cloud Argentina, Buenos Aires,
Argentina.
Huawei Tech Investment Co., Ltd., Argentina, Av. Leandro N. Alem 815,
C1054 CABA, Argentina.
*
*
AUSTRALIA .....
*
BAHRAIN .........
BELARUS .........
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*
Huawei Technologies Bahrain, Building
647 2811 Road 2811, Block 428,
Muharraq, Bahrain.
*
*
Bel Huawei Technologies LLC, a.k.a.,
the following one alias,
—BellHuawei Technologies LLC. 5
Dzerzhinsky Ave., Minsk, 220036,
Belarus.
*
Huawei Technologies Research & Development Belgium NV,
Technologiepark 19, 9052
Zwijnaarde Belgium.
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*
Presumption of denial ......
*
Presumption of denial ......
*
Presumption of denial ......
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Frm 00011
Presumption of denial ......
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
Presumption of denial ......
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Sfmt 4700
Federal Register
citation
*
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
BELGIUM .........
*
Huawei Technologies (Australia) Pty
Ltd., L6 799 Pacific Hwy, Chatswood,
New South Wales, 2067, Australia.
*
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
License
review policy
License requirement
*
required, to the extent specified on the
Entity List, to export, reexport, or
transfer (in-country) any item subject to
the EAR when an entity that is listed on
the Entity List is a party to the
transaction as described in § 748.5(c)
through (f) of the EAR. See § 744.11 for
licensing requirements in the context of
a ‘‘standards-related activity’’. This list
of entities is revised and updated on a
periodic basis in this Supplement by
adding new or amended notifications
and deleting notifications no longer in
effect.
*
Presumption of denial ......
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85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 43495, 8/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 43495, 8/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 43495, 8/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 43495, 8/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 84
FR 43495, 8/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
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Country
Entity
*
Federal Register
citation
*
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*
*
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*
*
BOLIVIA ...........
Huawei Technologies (Bolivia) S.R.L.,
La Paz, Bolivia.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
84 FR 22963, 5/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
BRAZIL .............
Huawei Cloud Brazil, Sau Paulo, Brazil.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Huawei do Brasil Telecomunicaco˜es
Ltda, Sao Paulo, Brazil; and Av. Jerome Case, 2600, Sorocaba—SP,
18087–220, Brazil.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
8182, 2/14/22. 87 FR
21012, 4/11/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 84
FR 43495, 8/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
BURMA ............
*
CANADA ..........
CHINA, PEOPLE’S REPUBLIC OF.
*
*
*
Huawei Technologies Canada Co.,
Ltd., Markham, ON, Canada.
*
*
Presumption of denial ......
*
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
*
*
Presumption of denial ......
*
*
Huawei Chile S.A., Santiago, Chile.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Huawei Cloud Chile, Santiago, Chile.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
*
*
*
Beijing Huawei Digital Technologies
Co., Ltd., Beijing, China.
VerDate Sep<11>2014
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
CHILE ...............
*
Huawei Technologies (Yangon) Co.,
Ltd., Yangon, Burma.
*
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review policy
License requirement
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the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Frm 00012
Fmt 4700
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Presumption of denial ......
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84 FR 22963, 5/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
84 FR 22963, 5/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
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Country
Entity
jspears on DSK121TN23PROD with RULES
*
*
*
*
Federal Register
citation
*
Chengdu Huawei High-Tech Investment Co., Ltd., Chengdu, Sichuan,
China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Chengdu Huawei Technologies Co.,
Ltd., Chengdu, Sichuan, China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
*
*
Dongguan Huawei Service Co., Ltd.,
Dongguan, Guangdong, China.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
Dongguan Lvyuan Industry Investment
Co., Ltd., Dongguan, Guangdong,
China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
*
*
Gui’an New District Huawei Investment
Co., Ltd., Guiyang, Guizhou, China.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
*
*
Hangzhou Huawei Digital Technology
Co., Ltd., Hangzhou, Zhejiang,
China.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
*
*
HiSilicon Optoelectronics Co., Ltd.,
Wuhan, Hubei, China.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
HiSilicon Technologies Co., Ltd
(HiSilicon), Bantian Longgang District, Shenzhen, 518129, China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
HiSilicon Tech (Suzhou) Co., Ltd.,
Suzhou, Jiangsu, China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
*
VerDate Sep<11>2014
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review policy
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17:26 Sep 08, 2022
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84 FR 22963, 5/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29852, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
55254
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
Country
Entity
License requirement
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 85
FR 83769, 12/23/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Huawei Cloud Beijing, Beijing, China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Huawei Cloud Guangzhou, Guangzhou,
China.
Huawei Cloud Guiyang, Guiyang,
China.
Huawei Cloud Hong Kong, Hong Kong.
Huawei Cloud Shanghai, Shanghai,
China.
Huawei Cloud Shenzhen, Shenzhen,
China.
Huawei Device Co., Ltd., a.k.a., the following two aliases:
—Huawei Device; and
—Songshan Lake Southern Factory.
Dongguan, Guangdong, China and No.
2 Xincheng Avenue, Songshan Lake
Road, Dongguan City, Guangdong,
China; and Songshan Lake Base,
Guangdong, China.
Huawei Device (Dongguan) Co., Ltd.,
Dongguan, Guangdong, China.
jspears on DSK121TN23PROD with RULES
Federal Register
citation
Hua Ying Management Co. Limited,
Tsim Sha Tsui, Kowloon, Hong
Kong.
Huawei Cloud Computing Technology,
Huawei Cloud Data Center,
Xinggong Road, Qianzhong Avenue,
Gui’an New District, Guizhou Province, China; and Huawei Cloud Data
Center, Jiaotianfu Road, Jinma Avenue, Gui’an New District, Guizhou
Province, China.
Huawei Cloud Dalian, Dalian, China.
Huawei Device (Hong Kong) Co., Limited, Tsim Sha Tsui, Kowloon, Hong
Kong.
VerDate Sep<11>2014
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17:26 Sep 08, 2022
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Presumption of denial ......
Presumption of denial ......
Presumption of denial ......
Presumption of denial ......
Presumption of denial ......
E:\FR\FM\09SER1.SGM
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85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 85
FR 52901, 8/27/20. 86
FR 12531, 3/4/21. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 85
FR 83769, 12/23/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
jspears on DSK121TN23PROD with RULES
Country
VerDate Sep<11>2014
Entity
License requirement
License
review policy
Federal Register
citation
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 85
FR 83769, 12/23/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 85
FR 83769, 12/23/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 84
FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 86
FR 71559, 12/17/21. 87
FR 6026, 2/3/22. 87 FR
8182, 2/14/22. 87 FR
21012, 4/11/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
Huawei Device (Shenzhen) Co., Ltd.,
Shenzhen, Guangdong, China and
Building 2, Zone B, Huawei Base,
Bantian, Longgang District,
Shenzhen, China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Huawei International Co., Limited,
Hong Kong.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Huawei Machine Co., Ltd., Dongguan,
Guangdong, China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Huawei OpenLab Suzhou, a.k.a., the
following one alias:
—Huawei Suzhou OpenLab, Suzhou,
China.
Huawei Software Technologies Co.,
Ltd., Nanjing, Jiangsu, China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Huawei Tech. Investment Co., Limited,
Hong Kong.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Huawei Technical Service Co., Ltd.,
China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Huawei Technologies Co., Ltd., a.k.a.,
the following two aliases:
—Shenzhen Huawei Technologies; and
—Huawei Technology, and to include
the following addresses and the following 22 affiliated entities:
Addresses for Huawei Technologies
Co., Ltd.: Bantian Huawei Base,
Longgang District, Shenzhen,
518129, China; and No. 1899 Xi
Yuan Road, High-Tech West District,
Chengdu, 611731; and C1, Wuhan
Future City, No. 999 Gaoxin Ave.,
Wuhan, Hebei Province; and
Banxuegang Industrial Park, Buji
Longgang, Shenzhen, Guangdong,
518129, China; and R&D Center, No.
2222, Golden Bridge Road, Pu Dong
District, Shanghai, China; and Zone
G, Huawei Base, Bantian, Longgang
District, Shenzhen, China; and Tsim
Sha Tsui, Kowloon, Hong Kong.
Affiliated entities:
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
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E:\FR\FM\09SER1.SGM
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
jspears on DSK121TN23PROD with RULES
Country
Entity
License requirement
License
review policy
Beijing Huawei Longshine Information
Technology Co., Ltd., a.k.a., the following one alias:
—Beijing Huawei Longshine, to include
the following subordinate. Q80–3–
25R, 3rd Floor, No. 3, Shangdi Information Road, Haidian District, Beijing, China.
Hangzhou New Longshine Information
Technology Co., Ltd., Room 605, No.
21, Xinba, Xiachang District,
Hangzhou, China.
Hangzhou Huawei Communication
Technology Co., Ltd., Building 1, No.
410, Jianghong Road, Changhe
Street, Binjiang District, Hangzhou,
Zhejiang, China.
Hangzhou Huawei Enterprises, No. 410
Jianghong Road, Building 1,
Hangzhou, China.
Huawei Digital Technologies (Suzhou)
Co., Ltd., No. 328 XINHU STREET,
Building A3, Suzhou (Huawei R&D
Center, Building A3, Creative Industrial Park, No. 328, Xinghu Street,
Suzhou), Suzhou, Jiangsu, China.
Huawei Marine Networks Co., Ltd.,
a.k.a., the following one alias:
—Huawei Marine;
HMN Technologies;
Huahai Zhihui Technology Co., Ltd.;
and
—HMN Tech.
Building R4, No. 2 City Avenue,
Songshan Lake Science & Tech Industry Park, Dongguan, 523808, and
No. 62, Second Ave., 5/F–6/F,
TEDA, MSD–B2 Area, Tianjin Economic and Technological Development Zone, Tianjin, 300457, China.
Huawei Mobile Technology Ltd.,
Huawei Base, Building 2, District B,
Shenzhen, China.
Huawei Tech. Investment Co., U1
Building, No. 1899 Xiyuan Avenue,
West Gaoxin District, Chengdu City,
611731, China.
Huawei Technology Co., Ltd. Chengdu
Research Institute, No. 1899, Xiyuan
Ave., Hi-Tech Western District,
Chengdu, Sichuan Province, 610041,
China.
Huawei Technology Co., Ltd.
Hangzhou Research Institute, No.
410, Jianghong Rd., Building 4,
Changhe St., Binjiang District,
Hangzhou, Zhejiang Province,
310007, China.
Huawei Technologies Co., Ltd. Beijing
Research Institute, No. 3, Xinxi Rd.,
Huawei Building, ShangDi Information Industrial Base, Haidian District,
Beijing, 100095, China; and No. 18,
Muhe Rd., Building 1–4, Haidian District, Beijing, China.
Huawei Technologies Co., Ltd. Material
Characterization Lab, Huawei Base,
Bantian, Shenzhen 518129, China.
Huawei Technologies Co., Ltd. Xi’an
Research Institute, National Development Bank Building (Zhicheng Building), No. 2, Gaoxin 1st Road, Xi’an
High-tech Zone, Xi’an, China.
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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
License
review policy
Federal Register
citation
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Huawei Training (Dongguan) Co., Ltd.,
Dongguan, Guangdong, China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Huayi Internet Information Service Co.,
Ltd., Shenzhen, Guangdong, China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
*
*
Hui Tong Business Ltd., Huawei Base,
Electrical Research Center,
Shenzhen, China.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
Country
Entity
License requirement
jspears on DSK121TN23PROD with RULES
Huawei Terminal (Shenzhen) Co., Ltd.,
Huawei Base, B1, Shenzhen, China.
Nanchang Huawei Communication
Technology, No. 188 Huoju Street,
F10–11, Nanchang, China.
Ningbo Huawei Computer & Net Co.,
Ltd., No. 48 Daliang Street, Ningbo,
China.
Shanghai Huawei Technologies Co.,
Ltd., R&D center, No. 2222, Golden
Bridge Road, Pu Dong District,
Shanghai, 286305 Shanghai, China,
China.
Shenzhen Huawei Anjiexin Electricity
Co., Ltd., a.k.a., the following one
alias:
—Shenzhen Huawei Agisson Electric
Co., Ltd.
Building 2, Area B, Putian Huawei
Base, Longgang District, Shenzhen,
China; and Huawei Base, Building 2,
District B, Shenzhen, China.
Shenzhen Huawei New Technology
Co., Ltd., Huawei Production Center,
Gangtou Village, Buji Town,
Longgang District, Shenzhen, China.
Shenzhen Huawei Technology Service,
Huawei Base, Building 2, District B,
Shenzhen, China.
Shenzhen Huawei Technologies Software, Huawei Base, Building 2, District B, Shenzhen, China.
Zhejiang Huawei Communications
Technology Co., Ltd., No. 360
Jiangshu Road, Building 5,
Hangzhou, Zhejiang, China.
Huawei Technologies Service Co., Ltd.,
Langfang, Hebei, China.
*
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Country
Entity
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Federal Register
citation
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
North Huawei Communication Technology Co., Ltd., Beijing, China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
*
*
Shanghai Haisi Technology Co., Ltd.,
Shanghai, China.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
Shanghai HiSilicon Technologies Co.,
Ltd., Room 101, No. 318, Shuixiu
Road, Jinze Town (Xiqi), Qingpu District, Shanghai, China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Shanghai Mossel Trade Co., Ltd.,
Shanghai, China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
*
*
Shenzhen HiSilicon Technologies Co.,
Electrical Research Center, Huawei
Base, Shenzhen, China.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
Shenzhen Huawei Technical Services
Co., Ltd., Shenzhen, Guangdong,
China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Shenzhen Huawei Terminal Commercial Co., Ltd., Shenzhen,
Guangdong, China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Shenzhen Huawei Training School Co.,
Ltd., Shenzhen, Guangdong, China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Shenzhen Huayi Loan Small Loan Co.,
Ltd., Shenzhen, Guangdong, China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
*
VerDate Sep<11>2014
License requirement
17:26 Sep 08, 2022
*
Jkt 256001
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*
Frm 00018
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*
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09SER1
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jspears on DSK121TN23PROD with RULES
Country
Entity
License
review policy
Federal Register
citation
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 85
FR 83769, 12/23/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
Shenzhen Legrit Technology Co., Ltd.,
Shenzhen, Guangdong, China.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
*
*
Shenzhen Smartcom Business Co.,
Ltd., Shenzhen, Guangdong, China.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
*
*
Smartcom (Hong Kong) Co., Limited,
Sheung Wan, Hong Kong.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
*
*
Suzhou Huawei Investment Co., Ltd.,
Suzhou, Jiangsu, China.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
*
*
Wuhan Huawei Investment Co., Ltd.,
Wuhan, Hubei, China.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
*
*
Wulanchabu Huawei Cloud Computing
Technology, a.k.a., the following one
alias:
—Ulan Qab Huawei Cloud Computing
Technology.
Huawei Cloud Data Center at the Intersection of Manda Road and Jingqi
Road, Jining District, Wulanchabu
City, Inner Mongolia Autonomous
Region, China.
*
*
Xi’an Huawei Technologies Co., Ltd.,
Xi’an, Shaanxi, China.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
*
*
Xi’an Ruixin Investment Co., Ltd., Xi’an,
Shaanxi, China.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
*
VerDate Sep<11>2014
License requirement
17:26 Sep 08, 2022
*
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PO 00000
*
Frm 00019
Fmt 4700
*
Sfmt 4700
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*
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*
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
55260
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
Country
Entity
COSTA RICA ...
Huawei Technologies Costa Rica SA,
a.k.a., the following one alias:
—Huawei Technologies Costa Rica
Sociedad Anonima.
S.J, Sabana Norte, Detras De Burger
King, Edif Gru, Po Nueva, San Jose,
Costa Rica.
*
*
CUBA ...............
*
Federal Register
citation
Presumption of denial ......
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
Huawei Cuba, Cuba.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
*
Presumption of denial ......
*
*
*
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
DENMARK .......
Huawei Denmark, Vestre Teglgade 9,
Kobenhavn Sv, Hovedstaden, 2450,
Denmark.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
EGYPT .............
*
*
Huawei OpenLab Cairo, a.k.a., the following one alias:
—Huawei Cairo OpenLab.
Cairo-Alex Desert Rd, Al Giza Desert,
Giza Governorate, Egypt.
Huawei Technology, Cairo, Egypt.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
*
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
FRANCE ...........
*
*
*
*
Huawei Cloud France, Paris, France.
Huawei France, a.k.a., the following
one alias:
—Huawei Technologies France SASU.
36–38, quai du Point du Jour, 92659
Boulogne-Billancourt cedex, France.
jspears on DSK121TN23PROD with RULES
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
License
review policy
License requirement
Huawei OpenLab Paris, a.k.a., the following one alias:
—Huawei Paris OpenLab.
101 Boulevard Murat, 75016 Paris,
France.
*
*
*
GERMANY .......
VerDate Sep<11>2014
*
*
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Presumption of denial ......
*
*
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
17:26 Sep 08, 2022
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55261
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
Country
Huawei OpenLab Munich, a.k.a., the
following one alias:
—Huawei Munich OpenLab.
Huawei Germany Region R&D Centre
Riesstr. 22 80992 Munich, Germany;
and Huawei Germany Region R&D
Centre Riesstr. 12 80992 Munich,
Germany.
Huawei Technologies Deutschland
GmbH, Germany.
Huawei Technologies Dusseldorf
GmbH, Huawei Germany Region
R&D Centre Riesstr. 25, 80992 Munich, Germany, and Am Seestern 24
Duesseldorf, D–40547 Germany.
*
*
*
*
INDIA ................
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 85
FR 52901, 8/27/20. 86
FR 12531, 3/4/2021. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
*
*
*
Huawei OpenLab Delhi, a.k.a., the following one alias:
—Huawei Delhi OpenLab. Delhi, India.
Huawei Technologies India Private Limited, a.k.a., the following one alias:
—Huawei Technologies India Pvt., Ltd.
Level-3/4, Leela Galleria, The Leela
Palace, No. 23, Airport Road,
Bengaluru, 560008, India; and SYNO
37, 46,45/3,45/4 ETC KNO 1540,
Kundalahalli Village Bengaluru Bangalore KA 560037 India.
*
*
INDONESIA ......
*
ISRAEL .............
Huawei Tech Investment, PT, Bri Ii
Building 20Th Floor, Suite 2005, Jl.
Jend., Sudirman Kav. 44–46, Jakarta, 10210, Indonesia.
ITALY ...............
Presumption of denial ......
*
*
*
*
*
*
*
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
*
Presumption of denial ......
Presumption of denial ......
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
Presumption of denial ......
*
*
*
*
*
*
*
*
*
*
*
Toga Networks, 4 Haharash St., Hod
Hasharon, Israel.
*
Huawei Italia, Via Lorenteggio, 240,
Tower A, 20147 Milan, Italy.
17:26 Sep 08, 2022
Jkt 256001
PO 00000
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
*
Presumption of denial ......
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Frm 00021
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
*
jspears on DSK121TN23PROD with RULES
Federal Register
citation
License requirement
Huawei Cloud Berlin, Berlin Germany.
VerDate Sep<11>2014
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review policy
Entity
Fmt 4700
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*
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*
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*
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
*
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
55262
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
Country
Entity
Huawei Milan Research Institute, Milan,
Italy.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
Federal Register
citation
Presumption of denial ......
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
*
*
JAMAICA ..........
Huawei Technologies Jamaica Company Limited, Kingston, Jamaica.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
JAPAN ..............
Huawei Technologies Japan K.K.,
Japan.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
JORDAN ...........
Huawei Technologies Investment Co.
Ltd., Amman, Jordan.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
KAZAKHSTAN
*
*
*
*
Huawei Technologies LLC Kazakhstan,
191 Zheltoksan St., 5th floor,
050013, Bostandyk, District of
Almaty, Republic of Kazakhstan.
*
LEBANON ........
MADAGASCAR
*
MEXICO ...........
*
*
*
Huawei Technologies Lebanon, Beirut,
Lebanon.
*
Huawei Technologies Madagascar Sarl,
Antananarivo, Madagascar.
*
Huawei Cloud Mexico, Mexico City,
Mexico.
Huawei OpenLab Mexico City, a.k.a.,
the following one alias:
—Huawei Mexico City OpenLab. Mexico City, Mexico.
VerDate Sep<11>2014
17:26 Sep 08, 2022
Jkt 256001
PO 00000
Fmt 4700
*
*
*
Presumption of denial ......
*
Presumption of denial ......
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Frm 00022
*
*
Presumption of denial ......
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
*
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
*
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
jspears on DSK121TN23PROD with RULES
License
review policy
License requirement
Sfmt 4700
*
Presumption of denial ......
Presumption of denial ......
E:\FR\FM\09SER1.SGM
09SER1
*
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
55263
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
Country
Entity
License requirement
Federal Register
citation
Huawei Technologies De Mexico S.A.,
Avenida Santa Fe´ No. 440, Torre
Century Plaza Piso 15, Colonia
Santa Fe, Delegacio´n Cuajimalpa de
Morelos, C.P. 05348, Distrito Federal, CDMX, Mexico; and Laza
Carso, Torre Falco´n, Lago Zurich No.
245, Piso 18, Colonia Ampliacion
Granda, Delegacio´n Miguel Hidalgo,
CDMX, Mexico.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
MOROCCO ......
Huawei Technologies Morocco,
Immeuble High Tech, 4eme Etage,
Plateaux N 11, 12 Et 13, Hay Riad
—Rabat, Morocco.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
NETHERLANDS
*
*
Huawei Cloud Netherlands, Amsterdam, Netherlands.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
*
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
Huawei Technologies Coo¨peratief U.A.,
Netherlands.
*
NEW ZEALAND
*
*
*
Huawei Technologies Cr Panama S.A,
Ave. Paseo del Mar, Costa del Este
Torre MMG, Piso 17 Ciudad de
Panama´, Panama.
17:26 Sep 08, 2022
Jkt 256001
PO 00000
*
Frm 00023
Fmt 4700
*
*
*
Presumption of denial ......
*
*
*
Presumption of denial ......
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
Presumption of denial ......
*
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
VerDate Sep<11>2014
*
*
*
Huawei Technologies Pakistan (Private) Limited, Islamabad, Pakistan.
*
*
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
PANAMA ..........
*
*
*
Huawei Tech Investment Oman LLC,
Muscat, Oman.
Presumption of denial ......
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
PAKISTAN ........
*
Huawei Technologies (New Zealand)
Company Limited, 80 Queen Street,
Auckland Central, Auckland, 1010,
New Zealand.
*
OMAN ...............
jspears on DSK121TN23PROD with RULES
License
review policy
*
Presumption of denial ......
*
Sfmt 4700
E:\FR\FM\09SER1.SGM
*
09SER1
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
55264
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
Country
Entity
License requirement
Federal Register
citation
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
PARAGUAY .....
Huawei Technologies Paraguay S.A.,
Asuncion, Paraguay.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
PERU ...............
Huawei Cloud Peru, Lima, Peru.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
*
*
*
*
*
*
PORTUGAL ......
Huawei Technology Portugal, Avenida
Dom Joa˜o II, 51B–11°.A 1990–085
Lisboa, Portugal.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
QATAR .............
Huawei Tech Investment Limited,
Doha, Qatar.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
ROMANIA .........
Huawei Technologies Romania Co.,
Ltd., Ion Mihalache Blvd, No. 15–17,
1st District, 9th Floor of Bucharest
Tower center, Bucharest, Romania.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
*
RUSSIA ............
*
*
*
*
Huawei Cloud Russia, Moscow, Russia.
Huawei OpenLab Moscow, a.k.a., the
following one alias:
—Huawei Moscow OpenLab, Moscow,
Russia.
Huawei Russia, Business-Park
‘‘Krylatsky Hills’’, 17 bldg. 2,
Krylatskaya Str., Moscow 121614,
Russia.
*
SINGAPORE ....
jspears on DSK121TN23PROD with RULES
License
review policy
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
*
Presumption of denial ......
Presumption of denial ......
Presumption of denial ......
*
*
*
*
*
*
*
*
*
*
*
*
Huawei Cloud Singapore, Singapore,
Singapore.
Huawei International Pte. Ltd., Singapore.
VerDate Sep<11>2014
*
17:26 Sep 08, 2022
Jkt 256001
PO 00000
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Frm 00024
Fmt 4700
Sfmt 4700
*
*
Presumption of denial ......
Presumption of denial ......
E:\FR\FM\09SER1.SGM
09SER1
*
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
*
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
55265
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
Country
Entity
SOUTH AFRICA
License requirement
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
Presumption of denial ......
*
*
Huawei Cloud South Africa, Johannesburg, South Africa.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
*
*
Presumption of denial ......
Presumption of denial ......
*
*
*
*
*
*
*
*
*
*
*
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
SRI LANKA ......
Huawei Technologies Lanka Company
(Private) Limited, Colombo, Sri
Lanka.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
SWEDEN ..........
*
*
Huawei Sweden, Skalholtsgatan 9–11
Kista, 164 40 Stockholm, Sweden.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
*
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
SWITZERLAND
*
*
Huawei Cloud Switzerland, Bern, Switzerland.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
*
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
Huawei Technologies Switzerland AG,
Liebefeld, Bern, Switzerland.
*
TAIWAN ...........
jspears on DSK121TN23PROD with RULES
Federal Register
citation
Huawei OpenLab, Singapore, a.k.a.,
the following one alias:
—Huawei Singapore OpenLab, Singapore, Singapore.
*
*
Huawei OpenLab, Johannesburg,
a.k.a., the following one alias:
—Huawei Johannesburg OpenLab, Johannesburg, South Africa.
Huawei Technologies South Africa Pty
Ltd., 128 Peter St Block 7 Grayston
Office Park, Sandton, Gauteng,
1682, South Africa.
*
License
review policy
THAILAND ........
VerDate Sep<11>2014
Presumption of denial ......
*
*
*
*
*
*
*
*
*
*
*
*
Xunwei Technologies Co., Ltd., Taipei,
Taiwan.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
*
*
*
*
*
*
*
*
*
*
17:26 Sep 08, 2022
Jkt 256001
PO 00000
Frm 00025
Fmt 4700
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*
*
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
55266
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
Country
Entity
Huawei Cloud Thailand, Bangkok, Thailand.
Huawei OpenLab Bangkok, a.k.a., the
following one alias:
—Huawei Bangkok OpenLab. Bangkok,
Thailand.
Huawei Technologies (Thailand) Co.,
87/1 Wireless Road, 19th Floor, Capital Tower, All Seasons Place,
Pathumwan, Bangkok, 10330, Thailand.
*
TURKEY ...........
*
UNITED ARAB
EMIRATES.
jspears on DSK121TN23PROD with RULES
UNITED KINGDOM.
VerDate Sep<11>2014
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
*
*
Huawei OpenLab Istanbul, a.k.a., the
following one alias:
—Huawei Istanbul OpenLab. Istanbul,
Turkey.
*
*
Federal Register
citation
Presumption of denial ......
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
Presumption of denial ......
Presumption of denial ......
*
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
*
*
Presumption of denial ......
*
*
*
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
*
*
*
*
*
*
*
*
*
*
*
Huawei OpenLab Dubai, a.k.a., the following one alias:
—Huawei Dubai OpenLab. Dubai,
United Arab Emirates.
*
*
*
License
review policy
License requirement
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
Presumption of denial ......
*
*
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
*
*
*
*
*
*
*
*
*
*
*
*
Centre for Integrated Photonics Ltd.,
B55 Adastral Park, Pheonix House,
Martlesham Heath, Ipswich, IP5 3RE
United Kingdom.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
*
*
Huawei Global Finance (UK) Limited,
Great Britain.
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
Huawei Technologies R&D UK, a.k.a.,
the following two aliases:
—Huawei Research & Development
(UK) Ltd; and
—Huawei Technologies Research &
Development (UK)).
Former Spicers Site Sawston Bypass
Sawston Cambridge Cambridgeshire
CB22 3JG, England; and 302 Cambridge Science Park, Milton Road,
Cambridge, CB4 0WG, England; and
Phoenix House (B55) Adastral Park,
Martlesham Heath, Ipswich, Suffolk.
IP5 3RE.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
17:26 Sep 08, 2022
Jkt 256001
PO 00000
Frm 00026
Fmt 4700
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84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
85 FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 / Rules and Regulations
Country
Entity
License requirement
VIETNAM .........
*
*
*
84 FR 43495, 8/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
*
Presumption of denial ......
*
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
*
*
Presumption of denial ......
Proven Honour, British Virgin Islands.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
*
*
*
*
Huawei Technologies (Vietnam) Company Limited, Hanoi, Vietnam.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
Huawei Technology Co. Ltd., Hanoi,
Vietnam.
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
Presumption of denial ......
*
*
4. The authority citation for 15 CFR
part 772 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.
5. Section 772.1 is amended by
a. Removing the definitions of
‘‘Standard’’ and ‘‘Standards
organization’’; and
■ b. Adding the definition of
‘‘Standards-related activity’’ in
alphabetical order.
The addition reads as follows:
■
■
processes and production methods, with
which compliance is not mandatory),
including but not limited to conformity
assessment procedures, with the intent
that the resulting standard will be
‘‘published.’’ A ‘‘standards-related
activity’’ includes an action taken for
the purpose of developing,
promulgating, revising, amending,
reissuing, interpreting, implementing or
otherwise maintaining or applying such
a standard.
*
*
*
*
*
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
§ 772.1 Definitions of terms as used in the
Export Administration Regulations (EAR).
[FR Doc. 2022–19415 Filed 9–8–22; 8:45 am]
BILLING CODE 3510–33–P
*
jspears on DSK121TN23PROD with RULES
Federal Register
citation
For all items subject to
the EAR, see
§§ 734.9(e) 1 and
744.11 of the EAR 2
PART 772—[AMENDED]
*
*
*
*
Standards-related activity.
‘‘Standards-related activity’’ includes
the development, adoption, or
application of a standard (i.e., any
document or other writing that
provides, for common and repeated use,
rules, guidelines, technical or other
characteristics for products or related
VerDate Sep<11>2014
License
review policy
Huawei Technologies (UK) Co., Ltd.,
a.k.a., the following one alias:
—Huawei Software Technologies Co.
Ltd. 300 South Oak Way, Green
Park, Reading, RG2 6UF; and 6
Mitre Passage, SE 10 0ER, United
Kingdom.
*
*
Proven Glory, British Virgin Islands
*
17:26 Sep 08, 2022
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84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
84 FR 22963, 5/21/19. 85
FR 29853, 5/19/20. 85
FR 36720, 6/18/20. 85
FR 51603, 8/20/20. 87
FR 6026, 2/3/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/22].
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 587
Publication of Russian Harmful
Foreign Activities Sanctions
Regulations Web General Licenses 9,
9A, 9B, 9C, 10, 10A, 10B, 10C, 11, and
12
Office of Foreign Assets
Control, Treasury.
ACTION: Publication of Web General
Licenses.
AGENCY:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing ten
general licenses (GLs) issued in the
Russian Harmful Foreign Activities
Sanctions program: GLs 9, 9A, 9B, 9C,
10, 10A, 10B, 10C, 11, and 12, each of
which was previously made available
on OFAC’s website.
DATES: GL 9 was issued on February 24,
2022 with an expiration date of May 25,
2022. See SUPPLEMENTARY INFORMATION
for additional relevant dates.
SUMMARY:
E:\FR\FM\09SER1.SGM
09SER1
Agencies
[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Rules and Regulations]
[Pages 55241-55267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19415]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 /
Rules and Regulations
[[Page 55241]]
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 744 and 772
[Docket No. 220901-0180]
RIN 0694-AI06
Authorization of Certain ``Items'' to Entities on the Entity List
in the Context of Specific Standards Activities
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: In this interim final rule, the Bureau of Industry and
Security (BIS) amends the Export Administration Regulations (EAR) to
authorize the release of specified items subject to the EAR without a
license when that release occurs in the context of a ``standards-
related activity,'' as defined in this rule. BIS is revising the terms
used in the EAR to describe the actions permissible under the
authorization rather than defining the organizations to which it
applies. The scope of the authorization is revised to include certain
``technology'' as well as ``software'' and applies to all entities
listed on BIS's Entity List. The uncertainty of not knowing whether
other entities listed on the Entity List are participants in standards
organizations and whether a BIS license is required to release low-
level technology for legitimate standards activities has caused U.S.
companies to limit their participation in standards-related activities
in areas that are critical to U.S. national security. This
authorization only overcomes licensing requirements imposed as a result
of an entity's inclusion on the Entity List; other EAR licensing
requirements, including additional end-use or end-user based licensing
requirements may continue to apply. This final rule does not change the
assessment of whether ``technology'' or ``software'' is subject to the
EAR. BIS is making these revisions to ensure that export controls and
associated compliance concerns as they relate to the Entity List do not
impede the leadership and participation of U.S. companies in national
and international standards-related activities
DATES:
Effective date: This rule is effective September 9, 2022.
Comment date: Comments must be received by BIS no later than
November 8, 2022.
ADDRESSES: You may submit comments, identified by docket number BIS-
2020-0017 or RIN 0694-AI06, through the Federal eRulemaking Portal:
https://www.regulations.gov. Follow the instructions for submitting
comments. You can find this interim final rule by searching for its
regulations.gov docket number, which is BIS-2020-0017.
All filers using the portal should use the name of the person or
entity submitting comments as the name of their files, in accordance
with the instructions below. Anyone submitting business confidential
information should clearly identify the business confidential portion
at the time of submission, file a statement justifying nondisclosure
and referring to the specific legal authority claimed, and also provide
a non-confidential version of the submission.
For comments submitted electronically containing business
confidential information, the file name of the business confidential
version should begin with the characters ``BC.'' Any page containing
business confidential information must be clearly marked ``BUSINESS
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked
``PUBLIC.'' The file name of the non-confidential version should begin
with the character ``P.'' The ``BC'' and ``P'' should be followed by
the name of the person or entity submitting the comments. Any
submissions with file names that do not begin with a ``BC'' or ``P''
will be assumed to be public and will be made publicly available
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Susan Kramer, Regulatory Policy
Division, Bureau of Industry and Security, Department of Commerce.
Phone: (202) 482-2440; Email: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
1. Entity List Actions and the Temporary General License
Effective May 16, 2019, the Bureau of Industry and Security (BIS)
added Huawei Technologies Co., Ltd. (Huawei) and sixty-eight of its
non-U.S. affiliates to the Entity List (see 84 FR 22961 (May 21,
2019)). The Entity List (supplement no. 4 to part 744 of the Export
Administration Regulations (EAR) (15 CFR parts 730-774)) identifies
entities for which there is reasonable cause to believe, based on
specific and articulable facts, that the entities have been involved,
are involved, or pose a significant risk of being or becoming involved
in activities contrary to the national security or foreign policy
interests of the United States. The EAR impose additional license
requirements on, and limit the availability of most license exceptions
for, exports, reexports, and transfers (in-country) to entities on the
Entity List. The license review policy for each listed entity is
identified in the ``License review policy'' column on the Entity List,
and the availability of license exceptions is described in the relevant
Federal Register notice adding the entity to the Entity List. BIS
places entities on the Entity List pursuant to part 744 (Control
Policy: End-User and End-Use Based) and part 746 (Embargoes and Other
Special Controls) of the EAR.
The addition of Huawei and its non-U.S. affiliates to the Entity
List imposed a licensing requirement under the EAR regarding the
export, reexport, and transfer (in-country) of most items subject to
the EAR to the listed Huawei entities. On May 22, 2019 (84 FR 23468),
BIS published a Temporary General License (TGL) which temporarily
authorized engagement in certain transactions of items subject to the
EAR with Huawei and its listed non-U.S. affiliates, including (but not
limited to) engagement as necessary for development of 5G standards by
a duly recognized standards body. Effective August 19, 2019 (84 FR
43493 (August 21, 2019)), an additional 46 non-U.S. affiliates of
Huawei were placed on the Entity List with the same licensing
requirements and TGL eligibility as Huawei and the initial sixty-eight
non-
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U.S. affiliates. The TGL was also extended and amended (see 84 FR 43487
(August 21, 2019)) to remove the provision addressing engagement as
necessary for development of 5G standards by a duly recognized
standards body, on the basis of the BIS determination that existing
provisions of the EAR sufficed for such engagement. In parallel with
the publication of the August 21, 2019 rule, BIS posted a General
Advisory Opinion on the BIS website, later rescinded and removed, that
addressed the applicability of Sec. 734.7 of the EAR (Published) (15
CFR 734.7) to certain types of releases to Huawei and its listed
affiliates. TGL eligibility was subsequently continued through a series
of extensions (see 84 FR 64018 (November 20, 2019), 85 FR 8722
(February 18, 2020), 85 FR 14416 (March 12, 2020) and 85 FR 29610 (May
18, 2020)). BIS allowed the TGL to expire on August 13, 2020, at which
point the TGL was replaced with a more limited authorization to better
protect U.S. national security and foreign policy interests, as
implemented in a final rule effective August 17, 2020 (85 FR 51596,
(August 20, 2020)). The August 17, 2020 rule also added thirty-eight
additional non-U.S. affiliates of Huawei to the Entity List and revised
General Prohibition Three (found in part 736 of the EAR).
2. Authorization for Release of Technology in the Context of Standards
Organizations in the June 18, 2020 IFR
In response to the addition of Huawei and its non-U.S. affiliates
to the Entity List, and the related amendments, BIS received questions
regarding the applicability of the EAR in the context of standards
setting or development. On June 18, 2020 (85 FR 36719), BIS published
an interim final rule, Release of ``Technology'' to Certain Entities on
the Entity List in the Context of Standards Organizations (the June
18th IFR) with a request for comment, to clarify and amend the scope of
license requirements imposed by the Entity List listing specific to
exchanges of certain EAR-controlled technology in a standards
organization environment for Huawei and its specified affiliates.
The June 18th IFR removed certain license requirements imposed by
the original Entity List listings by revising the Entity List to
authorize certain releases of ``technology'' without a license within
the context of contributing to the revision or development of a
standard in a standards organization. As a result of these revisions,
``technology'' subject to the EAR and designated as EAR99 or controlled
on the Commerce Control List (CCL) only for anti-terrorism (AT) reasons
could be released to members of a standards organization, including
Huawei, without a license, if released for the purpose of contributing
to the revision or development of a standard. To effectuate this
change, BIS modified the Entity List entries for Huawei and its listed
non-U.S. affiliates by revising the text in the Licensing Requirement
column for these entries to authorize the release of certain technology
to Huawei and its affiliates on the Entity List without a license if
such release is made for the purpose of contributing to the revision or
development of a ``standard'' in a ``standards organization.'' The June
18th IFR also added definitions of ``standard'' and ``standards
organization'' to Sec. 772.1 of the EAR (Definitions). These
definitions were derived from Office of Management and Budget (OMB)
Circular A-119: Federal Participation in the Development and Use of
Voluntary Consensus Standards and in Conformity Assessment Activities
(81 FR 4673 (January 27, 2016)), available at https://www.nist.gov/system/files/revised_circular_a-119_as_of_01-22-2016.pdf.
3. Summary of Public Comments Received Regarding the June 18th IFR
The public comment period for the June 18th IFR regarding the
release of technology to certain entities on the Entity List in the
context of standards organizations closed on August 17, 2020. In
response to the request for comments on the impact of the changes
promulgated in the June 18th IFR, BIS received 22 relevant comments:
one by an individual, three by companies, and 18 by associations and
industry organizations, including several standards organizations. All
commenters were generally supportive of the changes implemented in the
June 18th IFR. Several commenters acknowledged that the June 18th IFR
was intended, in part, to address the confusion created by the 5G
exception from the TGL and noted that the changes in the June 18th IFR
went beyond the 5G exception. However, the majority of the commenters
advised that the June 18th IFR did not resolve the uncertainty of U.S.
industry regarding participating in standards organizations that
include Entity Listed entities; limiting the scope of the standards
exemption to only Huawei and its non-U.S. affiliates and not to other
listed entities has created an environment of uncertainty for industry
and companies. They noted that additional actions were needed to
maintain and ``restore the ability of U.S.-based standards
organizations to develop international standards and of these U.S.
organizations and their U.S. members to participate fully in
international standards development.''
BIS agrees with the commenters that additional actions are needed
to protect U.S. technological leadership without discouraging, and
indeed supporting and promoting, the full participation of U.S. actors
in international standards development efforts. The national security
threat that results from ceding U.S. participation and leadership in
standards development and promulgation outweighs the risks related to
the limited release of certain low-level technology and software to
parties on the Entity List in the context of a ``standards-related
activity.'' Participation in standards-related activities is imperative
in allowing the United States to continue to participate and lead in
global standards settings environments. BIS is making the following
revisions to ensure that export controls and associated compliance
concerns as they relate to the Entity List do not impede the leadership
and participation of U.S. companies in standard activities. Any
impediment to U.S. influence in standards development forums is a
national security threat to the United States because not only does it
limit U.S. leadership in standards development, but other countries are
already racing to fill this vacuum with their own leadership and
standards. In many cases, this ceding of U.S. leadership not only
undermines democratic values and U.S. national security and foreign
policy interests, but it also contributes to a potential future global
standards environment that actually works to oppose U.S. interests.
B. Changes to Licensing Requirements in the Context of Specific
Standards Activities
After review of the public comments from the June 18th IFR,
consultation with the interagency, and in consideration of the U.S.
national security and foreign policy interests at stake, this final
rule amends the EAR to revise the standards authorization by:
(1) Clarifying the scope and application of standards activities
covered by the authorization;
(2) Including EAR99 and AT-only controlled ``software'' in the
scope of the authorization;
(3) Authorizing the release of specified ``software'' and
``technology'' when specifically for the ``development,''
``production,'' and ``use'' of cryptographic functionality; and
(4) Applying the scope of the authorization to all entities
listed on the Entity List.
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To implement these changes, this interim final rule revises parts 744
and 772 of the EAR. Note that even when a license requirement does not
apply, items that are ``subject to the EAR'' are still subject to
recordkeeping and other applicable EAR requirements (see, e.g., Sec.
762.1 of the EAR).
As set forth in Sec. 744.11, the scope of the standards
authorization is tied to the ``release'' of certain ``technology'' or
``software'' when such a release is for a ``standards-related
activity,'' as defined in Sec. 772.1 of the EAR, and where there is an
intent for the resulting standard to be ``published,'' as defined in
Sec. 734.7 of the EAR. A ``standards-related activity'' includes
activities required for the development, adoption or application of a
standard, where there is an intent to publish the resulting standard.
In order to qualify for the standards authorization, the following must
be true:
(1) The technology or software must be designated as EAR99;
controlled for AT reasons only on the CCL; or specifically for the
``development,'' ``production,'' and ``use'' of cryptographic
functionality;
(2) The ``release'' of technology or software must be made in the
context of a ``standards-related activity;'' and
(3) There must be intent to ``publish'' the resulting standard.
If there is no intent to publish the resulting standard, then even if
the software or technology is designated EAR99, controlled for AT
reasons only, or specifically for the ``development,'' ``production,''
and ``use'' of cryptographic functionality, a license would be required
for the release of that technology or software to an entity on the
Entity List (if required by the License requirement column for the
entity on the Entity List).
As described in Note 1 to the definition of ``technology,''
``technology'' may be `in any tangible or intangible form, such as
written or oral communication.' Release of technology subject to the
EAR outside of the ``standards-related activity'' would continue to
require a license. Similarly, one-on-one (individual to individual)
discussions that are not related to a ``standards-related activity''
would not be included in the scope of the authorization and a license
would be required for such a release.
This authorization only overcomes the license requirement imposed
as a result of an entity's listing on the Entity List. If you determine
that other EAR licensing requirement apply, including any of the other
end-use or end-user-based licensing requirements in part 744 of the
EAR, you must comply with the terms of those licensing requirements
1. Changes to Part 744 Control Policy: End-User and End-Use Based
In this interim final rule, BIS is revising Sec. Sec. 744.11
(License Requirements That Apply To Entities Acting Contrary To The
National Security Or Foreign Policy Interests Of The United States) and
744.16 (Entity List), as well as supplement no. 4 to Part 744. The
language regarding standards activities is added, as described below,
to Sec. Sec. 744.11 and 744.16 of the EAR. Additionally, BIS is
removing the existing standards exception language from the ``Licensing
Requirement'' column of the Entity List for all entries where it
currently is stated and adding revised language to the introductory
paragraph of supplement no. 4 to Part 744 as it now applies to all
entities on the Entity List.
BIS is revising paragraph (a) in Sec. 744.11 to specify that a
license would not be required for certain ``software'' or
``technology,'' when released in the context of a ``standards-related
activity.''
In addition, BIS is revising paragraph (a) in Sec. 744.16 by
adding a sentence in the first paragraph to refer to the standards
related authorization in Sec. 744.11(a)(1). While three commenters
suggested BIS amend Sec. 744.16 of the EAR to state that the license
requirement does not apply to standards development activity or
standards-related activity, the same commenters also mentioned that
``amending the [existing] individual Entity List entries would result
in an extremely confusing structure for members of standards
organizations to have to sort through to determine compliance.'' BIS
agrees that there is potential for confusion and compliance issues if
all existing entries on the Entity List were modified. BIS also
recognizes that many companies and individuals refer to the
Consolidated Screening List when screening the parties to their
transaction. The majority of existing entries on the Entity List
reference Sec. 744.11, and none reference Sec. 744.16; therefore, to
limit confusion, BIS is adding a reference to Sec. 744.11(a)(1) in
Sec. 744.16(a).
Similarly, BIS is adding a cross reference to Sec. 744.11 in the
introductory paragraph of supplement no. 4 to Part 744. Additionally,
BIS is modifying the text in the Licensing Requirement column for all
of the entries of Huawei and its listed non-U.S. affiliates to remove
the standards language and instead reference specific sections in Parts
736 and 744.
2. Changes to Part 772 Definitions of Terms
This interim final rule adds a definition for ``standards-related
activity'' to Sec. 772.1 of the EAR (Definitions) and removes the
definitions for ``standards'' and ``standards organizations.''
For purposes of the EAR, BIS is defining a ``standards-related
activity'' to include the development, adoption or application of any
standard, with the intent that the resulting standard will be
``published'' (as described in Sec. 734.7). A standards-related
activity would include an action taken for the purpose of developing,
promulgating, revising, amending, reissuing, interpreting, implementing
or otherwise maintaining or applying such a standard. For purposes of
the EAR, a standard would be any document or other writing that
provides, for common and repeated use, rules, guidelines, technical or
other characteristics for products or related processes and production
methods, with which compliance is not mandatory. As stated in the
definition, there must be intent to publish the resulting standard.
C. Request for Additional Public Comments for This Interim Final Rule
BIS is requesting comment on the revisions promulgated in this
interim final rule. Instructions for submission of comments, including
comments that contain business confidential information, are found in
the ADDRESSES section of this interim final rule. In particular, BIS
seeks comments in the following areas:
Industries involved in standards development: BIS is requesting
comments and additional information on whether the current scope of
this authorization is adequate for the United States to retain its
participation and lead in other areas that are important to the United
States Government and industry, such as energy, artificial intelligence
(AI), biotech, aerospace, and transportation. Does the current scope of
the authorization hinder U.S. participation and leadership in standards
development in industries where there is or may be participation by
listed entities? Interested parties should provide specific examples of
industries and commercial sectors which are or would be adversely
affected by the current scope of the standards authorization as stated
in this final rule.
Impact of other end use/end user controls: BIS is requesting
comment on whether there are other provisions of the EAR that may
negatively impact U.S. national security by limiting
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leadership and participation in standards-related activities, such as
licensing requirements for other end use or end user-based controls
listed in part 744 of the EAR. Commenters are asked to provide specific
examples of how U.S. participation and/or leadership has (or will be)
impacted by the limited application of this authorization to the
license requirements in Sec. 744.11.
Compliance burden: BIS is requesting comment from interested
parties on industries and commercial sectors that are actively involved
in standards development, including information on how they are
affected by compliance burdens resulting from the changes promulgated
in this and the previous rule.
International participation and scope of standards-related
activities: BIS is requesting comment on whether the definition of
``standards-related activities'' promulgated in this interim final rule
allows for full and open participation by U.S. companies in the
development of standards. Are there aspects of the definition that
should be better-defined or excluded?
D. Response to Comments Received Regarding the June 18th Standards
Interim Final Rule
The summary and response to the comments BIS received from the June
18th IFR has been separated and discussed as the following two
sections: (1) Policy Considerations and (2) Requests for expansion and
clarification of scope and definitions.
1. Policy Considerations
As BIS acknowledged in the June 18th IFR, international standards
serve as the building blocks for product development and help ensure
the functionality, interoperability, and safety of products, both
domestically and internationally. Many commenters stated that it is
essential to U.S. technological leadership that U.S. companies are able
to work with foreign companies and participate fully in standards
development organizations. Many also noted that it is a national
security concern when U.S. standards proposals are limited by non-
participation of U.S. companies in standards development activities.
U.S. regulations must ensure that U.S. standards proposals are given
full consideration for adoption by the international standards
community.
One commenter noted, and BIS agrees, that ``enabling U.S.-based
standards organizations to lead global collaboration and dialogue
ultimately benefits U.S. industry and consumers.'' As another commenter
mentioned, the issue addressed in the Entity List additions is a
serious one: ``technology transfers to entities involved in activities
that may be contrary to U.S. national security interests. However, they
also noted that ``by their very nature, open global standards
organizations are engaged in activities that enable U.S. economic
growth and do not involve technology transfers contrary to U.S.
national security interests.''
a. U.S. Government Priorities and Unilateral Action
Three commenters referenced Executive Order 13859, Maintaining
American Leadership in Artificial Intelligence (84 FR 3967 (Feb. 14,
2019)), the National Strategy for Secure 5G, and the Secure 5G and
Beyond Act of 2020 (Pub. L. 116-129, 134 Stat. 223-227). As one
commenter stated, ``Active participation in global standards forums . .
. directly aligns with the stated policy objectives of the U.S.
government'' but that ``[t]he goals of these policies cannot be
achieved if U.S. companies are limited and constrained in their ability
to participate in and lead standards development activities.'' Another
commenter stated that the restrictions imposed by regulations that
limit U.S. participation in standards development activities run
counter to the purpose of the U.S. policies and legislation and are at
odds with the Department of Commerce's commitment to ``fully engage and
advocate for U.S. technologies to become international standards.'' BIS
does not agree and notes that the U.S. Government recognizes the
importance of protecting sensitive and leading-edge U.S. technology
while ensuring that export controls do not unnecessarily limit U.S.
participation or hinder U.S. leadership in international standards
setting activities.
One commenter noted that a single country imposing unilateral
requirements on global standard settings organizations sets a dangerous
precedent: ``the U.S. does not have the power to unilaterally compel an
SSO [Standards Setting Organization] to change its rules, and . . .
such actions exacerbate anti-U.S. sentiments already resulting from the
difficulty of some SSO members to enter the U.S. to participate in SSO
meetings. Normalizing such impositions invites retaliation by other
countries at worst, and ongoing disruption at best.'' Another commenter
opined that Entity List considerations should not eclipse other
national initiatives and that restricting certain foreign adversaries'
access to American technology should not contradict other ``national
imperatives, including maintaining U.S. leadership in the global
development of information and communications technologies (ICT).'' BIS
acknowledges and recognizes that the U.S. Government needs to apply
U.S. export controls and maintain U.S. technological leadership,
particularly in light of efforts by adversarial countries to
coordinate, subsidize, and promote activities in international
standards bodies for the benefit of their own enterprises and their own
industry leadership. For this reason, BIS works closely with the
Administration and other U.S. Government agencies as well as with the
private sector, through its advisory groups and public comment process,
to discuss and gather feedback on its regulatory actions.
b. Effects on U.S. Participation and Leadership in the Standards Arena
Seventeen commenters highlighted concerns regarding reduced U.S.
participation and leadership in the standards arena caused by
unilateral export control limits and the resulting industry
fragmentation. As one commenter stated, ``limitations on standards
engagement vis-[agrave]-vis entities included on the Entity List create
a very real risk of fragmentation in international standardization,
increased compliance costs for industry, and reduced credibility of
U.S.-based standards development organizations (SDOs) as open global
standards organizations. Furthermore, such fragmentation can introduce
security risks and vulnerabilities and affect both U.S. economic
security and national security.'' The same commenter also noted that it
may be difficult for U.S. participants to know the company affiliation
of all participants in international standards organizations: ``In
national body-based organizations, individuals are required to declare
the country with which they are affiliated but are not required to
disclose which organization employs them. In practice, some disclose
their employer and some do not. Further, the disclosures are often not
available to participants at the start of the meeting. This uncertainty
could stifle U.S. participation in these standards organizations.''
Another commenter noted that ``Uncertainty regarding how the EAR impact
standards setting is causing U.S companies to harbor reservations about
participating fully in the standards development process, threatening
to undermine U.S. technological leadership in multiple sectors.''
According to several of the commenters, hesitancy to fully participate
in
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standards discussions limits the U.S. role in global standards
development. Reduced U.S. participation is encouraging other countries
to develop their own national proprietary standards, which may result
in a global environment with many competing standards instead of one
global standard. For example, one commenter stated that this
fragmentation could provide countries such as China with a reason to
develop separate standards and exclude U.S. technology. Another stated,
``If China moves to its own indigenous benchmark, most of the current
influence by American companies will be lost because Chinese OEMs and
the Chinese government . . . will specify all the testing details. This
will create a significant disadvantage for American OEMs when competing
with Chinese OEMs in China.'' Another specifically noted that ``The
unilateral controls create incentives for Chinese organizations to (i)
set up barriers to full participation by non-Chinese entities in their
Chinese standards and (ii) create ``Chinese-first'' standards that,
because of their huge market, require other countries to adopt or
modify existing standards.'' One commenter addressed the development of
5G standards, stating that if ``international companies cannot
participate in the development of Wi-Fi standards and certification . .
. [there] is the potential [for] development of regional or fragmented
certification programs, which will fracture the market and disadvantage
consumers and companies alike.''
One commenter noted an additional issue regarding patents and
intellectual property: ``The creation of standards inevitably creates
monopoly powers in the hands of the owners of standards essential
patents. The time-honored way of avoiding the abuse of such rights is
to bring together all interested owners of such rights in an effort to
create standards that can be implemented under RAND licenses provided
by participating member/patent owners.'' RAND terms are ``reasonable
and non-discriminatory'' voluntary licensing commitments that SSOs
often request from patent owners when sharing information that may
become part of a technical standard. As the commenter further stated,
``where an SSO decides to exclude [certain members], these companies
are given both the opportunity and incentive to ``weaponize'' any
patent claims they own that become essential under the standards of
that SSO.''
BIS recognizes that an environment of competing national standards
or the exclusion of U.S. companies in international standards
development is not advantageous to U.S. interests. As one commenter
noted, ``U.S. and international business interests can best be served
by facilitating rather than restricting the participation of Huawei and
its affiliates in vital 5G SSOs and other important standards
development organizations.'' Therefore, in this final rule, BIS is
expanding the authorization for the release, in specific standards
settings, of certain ``technology'' and ``software'' that is subject to
the EAR to all entities on the Entity List. BIS understands that much
of standards development occurs using such ``technology'' and
``software;'' therefore, this expansion should assist U.S. companies in
maintaining a leadership position in the global standards community.
c. Standard Development Activities Subject to the EAR
Several commenters requested additional clarity with respect to
standards development activities and the interpretation of Sec. 734.7
of the EAR (Published). One commenter stated that ``discussions with
representatives of listed entities in the context of legitimate
standards-setting activities are not [to] be subject to the EAR as they
are made in the context of an open and transparent process with the
intent to publish a standard.'' Another commenter requested
confirmation that unclassified ``technology'' or ``software'' is
``published'' and thus not subject to the EAR when made available to
the public without restriction. Additionally, one commenter pointed out
that ``the Treasury Department's Office of Foreign Assets Control
(OFAC) application of sanctions pursuant to the Specially Designated
Nationals and Blocked Persons List (SDN List) specifically did not
apply restrictions to participation in standards development activities
because such interactions were public and intended to result in
published standards.''
While the application of OFAC regulations is outside the scope of
this rule, the EAR currently provide that ``published'' unclassified
technology or software is not subject to the EAR, and therefore does
not require a license to be exported, reexported or transferred (in
country), even to an entity on the Entity List, provided the technology
or software is available to the public without restriction as set forth
in Sec. 734.7 of the EAR. Many instances of the release of technology
or software in the standards environment would be considered published
and not subject to the EAR. Excluded from the scope of Sec. 734.7 is
``technology'' or ``software'' that is not available to the public
without restriction, as well as certain encryption software and certain
firearm-related software or technology. Such technology or software
remains subject to the EAR and requires a license for transactions
involving entities on the Entity List. Therefore, BIS does not agree
with the general interpretation that transfer or release of ``technical
data'' within the context of international standards activities would
necessarily be considered ``Published'' under Sec. 734.7 and therefore
not subject to the EAR in all circumstances.
d. Public Dialogue and Outreach
Commenters suggested a number of ways in which BIS could assist
industry with the interpretation and application of the authorization
in the context of standards organizations. Three commenters pointed to
additional dialogue and engagement with the private sector. One
commenter ``strongly recommend(ed) extensive engagement with the
private sector and with the National Institute of Standards and
Technology (NIST), which has statutory responsibilities for
coordinating federal government standards engagement and also federal
engagement with the private sector . . . in order to develop smarter
and more targeted policies vis-[agrave]-vis standards.'' Another
suggested that BIS ``explore opportunities to educate the industry
during the rollout of new rules pertaining to standards development'';
``develop more formal mechanisms and processes for engaging with the
U.S. technology companies that are active in the standards setting
community''; and ``take steps to educate the industry on its positions
on interpretation of the IFR and what to expect in the future.'' BIS
appreciates these comments and will continue to identify additional
ways to conduct industry and public outreach. BIS has been working with
other government agencies, including NIST, on interpretations and EAR
amendments specific to standards, and will continue to do so to ensure
that the United States maintains a leadership position in standards
development, while also preventing unauthorized foreign access to
sensitive U.S. technology.
Two commenters also made suggestions regarding BIS's Technical
Advisory Committees (TAC). One commenter suggested the establishment of
a standards industry technical advisory committee focused on standards
development and standards-development activities. The other commenter
suggested modifying the charter for the Information Systems TAC (ISTAC)
to enable it to gather and address specific inputs related to
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standards development and to recruit participants that can provide such
inputs. BIS notes that the ISTAC is only one of BIS's six existing TACs
and that the information systems sector is not the only industry sector
involved in standards development. The representatives on BIS's TACs
have diverse backgrounds in many different industries affected by the
standards issue and are able to provide BIS with information on how
their industries are involved in and impacted by standards development.
Therefore, because BIS will continue to seek input from its TAC
membership on this and related issues, the establishment of a
standards-focused TAC is not warranted at this time.
2. Requests for Expansion and Clarification of Authorization From
Public Comments
The remainder of the comments can be categorized into three main
issues and suggested areas of expansion. BIS discusses the comments,
suggestions, and as necessary, subsequent actions under three sections
in the background of this rule: (A) Expand the EAR99 and AT-only
authorization to all entities listed on the Entity List; (B) Expand the
scope of authorization to additional ``software'' and ``technology''
that is widely available; and (C) Clarify and expand the definitions of
``standards'' and ``standards organizations'' used by BIS to more
accurately reflect current industry practices and regular activities
conducted by standards organizations.
(A) Expand the EAR99 and AT-Only Authorization to All Entities Listed
on the Entity List
Almost all commenters recommended extending the authorization to
share technology for the purpose of contributing to the development or
revision of a standard to other entities on the Entity List. While one
commenter suggested that the exemption be expanded to companies
involved in artificial intelligence (AI), other commenters expressed
that the standards-related authorization should apply to all entities
on the Entity List. Eight commenters highlighted that, in addition to
Huawei, there are other entities listed on the Entity List that are
members of standards bodies or have historically participated in
standards development activities, and should also be included in the
authorization. As one commenter noted, ``the unpublished technology
that needs to be shared within standards organizations is generally not
sensitive from an export control perspective [as it] is generally AT-
only and EAR99 technology.'' As another commenter stated, if the U.S.
government has determined that ``a standards-related carve-out for
Huawei advances U.S. national security, foreign policy, and economic
security objectives . . . then [allowing the] carve-out for all other
listed entities would also advance the same objectives.'' A third
commenter noted that ``Applying that same policy to standards
activities that include any listed entities also will advance the U.S.
government objective of ensuring U.S. technological leadership.''
Thirteen commenters expressed concern that the uncertainty
regarding licensing requirements for currently listed entities as well
as future additions to the Entity List creates an increased regulatory
burden on U.S. industry. As one commenter stated, allowing all
``entities [on the Entity List] to participate in standards setting
activities also prevents unintended consequences that could irreparably
harm U.S. industry and U.S. competitiveness.'' Six commenters pointed
to the increased regulatory and compliance burden of needing to
constantly screen changes to the Entity List against standards
organizations' membership lists. One commenter stated that the
``current standards setting environment is plagued by uncertainty that
U.S.-based standards bodies or U.S.-based participants will be unable
to complete their important work when . . . a non-U.S. standards
setting member [is added] to the Entity List.'' Three other commenters
highlighted that extending the authorization to all entities listed on
the Entity List would level the playing field for U.S. standards
participants; as one noted, ``with an increasing number of non-US
companies and multi-national, global organizations spanning multiple
continents, creating technological advances in a range of connected
technologies, it is critically important that their contributions be
considered for the development of standards and specifications that can
be used around the world . . . By extending the exemption to [all]
companies on the Entity List, BIS will be leveling the playing field
for U.S. companies because single standards developed with input from
participants around the world will open more markets for U.S. companies
and reduce artificial market barriers in other countries . . . The
rapid pace of standards development, particularly for digital
technologies is completely at odds with the time that is typically
required for applying for exemptions [licenses] to work with
organizations that are on the Entity List, and for the applications to
be adjudicated. As these standards development activities routinely
involve dozens of US companies, it is neither practical, nor reasonable
to expect all of the participating US companies . . . to apply for such
exemptions.'' In summary, as one commenter noted, innovation and U.S.
technological leadership is promoted by ``clarity and simplicity
regarding the Entity List and standards processes.''
BIS agrees with the commenters that the standards-related
authorization should be applied to all entities on the Entity List. The
uncertainty created by not knowing whether a BIS license is required to
release low level technology for legitimate standards activities has
undermined U.S. participation in these activities. The basis for the
authorization for low level, non-sensitive, and widely available items
to Huawei is also valid for all other entities on the Entity List.
Extending a standards authorization to all listed entities on the
Entity List will reduce the regulatory burden for industry and mitigate
unintended consequences that could harm U.S. industry leadership and
competitiveness in the telecommunications and information technology
sector.
(B) Expand the Scope of the Authorization To Include Additional
``Technology'' and ``Software''
(1) Expand the Scope of the Authorization To Include ``Software''
Designated EAR99 or Controlled for AT Reasons Only
Eleven commenters suggested that in addition to ``technology,''
``software'' should be included in the authorization because the
sharing of software is increasingly important in standards development.
According to the commenters, software must be regularly released for
standardized benchmarks and technology standards commonly include
software code as part of the standards development process. As one
commenter highlighted, ``Standards bodies' participants exchange
software executables and/or source code as part of their work.''
Commenters asserted that while some software may be publicly available
and therefore not subject to the EAR, software subject to the EAR and
designated EAR99 or controlled for AT reasons only that is shared in
the ordinary course of standards development activities should be
authorized to the same extent that ``technology'' that is designated
EAR99 or controlled for AT reasons only is authorized under the EAR.
Commenters concurred that including ``software'' in
[[Page 55247]]
the scope of the authorization will not harm national security.
BIS agrees with commenters that the scope of the authorization
should be extended to include certain ``software.'' BIS appreciates the
specific examples provided in the comments that reflect the need to
share software (e.g., as part of developing codecs, reference software
implemented as part of the standard). One commenter noted that
``software allows members to incorporate ideas from many into a design
the standards body is developing so that the other members can see how
the idea would work. Such software is not ``production code,'' i.e.,
that which is needed to produce the product. Rather, it is that which
is designed to show performance aspects of a proposed standard.'' BIS
acknowledges that the release of certain software is a usual,
customary, and necessary part of standards activities.
In response to the public comments, BIS is revising the EAR to
expand the scope of the authorization to include ``software'' subject
to the EAR and designated as EAR99 or controlled for AT reasons only,
or specifically for the ``development,'' ``production,'' and ``use'' of
cryptographic functionality, when such ``software'' is released in the
context of a ``standards-related activity'' (see 772.1 of the EAR--
Definitions).
(2) Expand the Scope of the Authorization to ``Technology'' and
``Software'' Beyond EAR99 and AT-Only Controlled Items
BIS received fourteen comments requesting that the authorization be
extended beyond EAR99 and AT-only controlled ``technology'' to include
additional ``technology'' and ``software.'' One commenter suggested
that technology ``ranging from hardware and chips to software and
source code [should be added] to the exemption for standards
processes.'' Another commenter mentioned that ``the EAR should not
interfere with U.S. leadership in standards organizations, except with
respect to truly sensitive military and dual-use technologies that are
controlled for release to foreign person[s] generally.'' Six commenters
noted that some standards activities related to encryption, so the
authorization should be expanded to include information security
software and technology classified under ECCNs 5D002 and 5E002. One
commenter also noted that, ``(i)nformation security is a critical
element of 5G technology. 5G poses an elevated security threat . . .
Information security must be incorporated from the outset into 5G
standards, in order to ensure that the expected benefits of 5G networks
can be achieved and the attendant risks minimized. Adding information
security technology classified under ECCN 5E002 and related software
classified under ECCN 5D002 to the list of technologies that may be
shared in the context of standards organizations is the bare minimum
required in order to permit standards organizations to address the
elevated threat presented by 5G networks.''
BIS recognizes that neither an environment of competing national
standards nor the exclusion of U.S. companies in international
standards development is advantageous to U.S. interests. In the case of
software and technology that is designated EAR99, controlled for AT
reasons only, BIS is allowing the release, without a license, of
software and technology that is already widely available on the global
market. In addition, BIS agrees with commenters that information
security is an important part of standards work, including in the
development of 5G standards. BIS is allowing for the release in
standards environments of software and technology specifically for the
``development,'' ``production,'' and ``use'' of cryptographic
functionality; without proper standardization in encryption
functionality, vulnerabilities and issues in 5G security will pose a
national security threat to the United States.
Therefore, in this final rule, BIS is revising the authorization
for the release, in ``standards related activities,'' to include
specific ``technology'' and ``software'' that is widely available and
is subject to the EAR, to all entities on the Entity List. The
authorization is revised to include software that is designated EAR99,
software that is controlled for AT reasons only, and software that is
classified only in ECCN subparagraphs 5D002.b and 5D002.c.1 (only for
equipment specified in ECCNs 5A002.a and 5A002.c). The authorization
continues to include the release of technology that is designated
EAR99, or controlled for AT reasons only, and is revised to include
technology classified under ECCN 5E002, only for equipment specified in
ECCN subparagraphs 5A002.a, .b and .c, and technology classified under
ECCN 5E002 for software controlled under ECCN 5D002.b and .c.1, (only
for equipment specified in ECCN subparagraphs 5A002.a and .c) when the
release is for a ``standards-related activity'' and specifically for
the ``development,'' ``production,'' and ``use'' of cryptographic
functionality.
These specific ECCN subparagraphs that are included in the expanded
authorization allow the release of software and technology for
functionality but not for other types of information security functions
that remain controlled in Category 5 Part 2 of the CCL. Included in the
expanded authorization are software and technology that encrypts and
decrypts data that is regularly used in the development and production
of many commonplace products that use cryptography (e.g., smart phones,
printers/scanners; toys; etc.). The specific software and technology
authorized include only cryptographic functions needed to assist the
development of security in a 5G network, not to develop 5G products or
capacity. No other cryptanalytic items or products that use
cryptographic techniques are included in the authorization. BIS
understands that much standards development occurs using this widely
available ``software'' and ``technology'' covered by the expanded
authorization and this should assist U.S. companies in maintaining a
leadership position in the global standards community.
(C) Clarify and Expand the Definitions of ``Standards'' and ``Standards
Organizations'' Used by BIS To Reflect Current Industry Practices
Eighteen commenters requested additional clarification or expansion
of the ``standards'' and ``standards organizations'' definitions added
to the EAR in the June 18th IFR. The general consensus of the comments
was that the ``standards'' and ``standards organizations'' definitions
derived from the Office of Management and Budget (OMB) Circular A-119
were not the appropriate definitions for this context and created
uncertainty and questions regarding which U.S. companies and
organizations in the standards setting community are subject to the
licensing requirements. As one commenter stated, OMB Circular A-119
``emphasizes the role of the U.S. government in the development and use
of standards'' while the exception from the license requirement in the
June 18th IFR is ``intended to reduce barriers for U.S. companies in
their participation and leadership in the development of standards.''
(1) Comments Regarding ``Standards''
BIS received thirteen comments regarding the OMB Circular A-119
definition of ``standards.'' Eight commenters requested additional
clarification or confirmation regarding the ``standards'' definition
while six commenters suggested revisions and expansions to the
definition.
[[Page 55248]]
(a) Clarification and Confirmation of Definition
A number of commenters requested confirmation from BIS that
certification and conformance activities were included in the
definition of ``standards.'' One commenter noted that the OMB Circular
mentions that: ``Certification programs are conformity assessment
activities . . . The definition of `conformity assessment' in the OMB
Circular states that certification, as well as the accreditations of
the competence of these activities, is included . . . [In addition],
OMB Circular A-119 recognizes that conformity assessment activities are
part of, and integral to, much of standards development . . . Finally,
federal law explicitly recognizes standards development activities to
include conformity assessment activities. The National Cooperative
Research and Production Act of 1993 uses the same definition of a
`voluntary consensus standard' used in OMB Circular A-119 and further
defines a `standards development activity.' ''
Another commenter requested confirmation that ``the scope of
standards development activities permitted by the Final Rule includes
any action taken by an SDO for the purpose of developing, promulgating,
revising, reissuing, interpreting, or otherwise maintaining a voluntary
consensus standard, including standard conformity testing and
assessment activities.''
(b) Revision and Expansion of Definition
One commenter requested that ``standardized benchmarks'' be
included as part of the standards definition and defined as
``measurement software developed by an organization of relevant
industry companies to evaluate the performance or energy consumption of
a computing system. Without such an amendment, American companies will
be excluded from the development of standardized benchmarks which are
critical for selling computers.''
Several commenters referenced the Standards Development
Organization Advancement Act of 2004 (SDOAA) (15 U.S.C. 4301-4306) and
suggested the addition of and adherence to its ``standards development
activity'' definition, which is commonly accepted by industry and
extends beyond production to include post-production activities. One
commenter stated that the ``EAR defines ``development'' to include all
stages prior to an item's being in ``production,'' e.g., no longer
being modified. However, ``standards development activities'' are
clearly defined in U.S. standards law (the SDOAA) as including
activities [in] all stages of a standard's promulgation, such as its
maintenance and conformity assessment.'' A separate comment noted that
even applying a restrictive (but definitive) EAR definition of
``development'' to the standards carve-out would resolve uncertainty
about whether ordinary promulgation and standards related activities
are within the scope of the authorization.
Several commenters suggested that BIS define ``standards-related
activities'' by referencing the existing definition from the Trade
Agreements Act (TAA) of 1979 (19 U.S.C. 2501-2582). Several commenters
also requested guidance on whether ``standards'' include important
ancillary aspects of a standard, such as reference implementations,
interoperability testing, conformance testing results, and other
related technology development that helps to foster adoption,
implementation, and improvement of the underlying standard. The
commenters suggested that if these actions are not considered
``standards'' under the June 18th definition, the definition should be
``broadened to apply to encompass these activities of standards bodies
that facilitate widespread adoption of technical standards.'' The
comments also emphasized that allowing the full set of activities
undertaken by a standards-setting body would enable U.S. companies to
lead throughout the lifecycle of standards development.
(2) Comments Regarding ``Standards Organization''
BIS received twelve comments regarding the OMB Circular A-119
definition of ``Standards Organization.'' As one commenter noted,
``uncertainty regarding whether a standards organization meets the
characteristics of a ``standards organization'' as defined [by Circular
A-119] could cause U.S. companies to limit, withdraw, or delay their
involvement in standards organizations . . . Participation rates in
standards development is a key factor in the success and adoption of
those standards.'' Seven comments requested additional clarification or
confirmation regarding BIS's ``standards organization'' definition
while five comments included suggested revisions and expansions to the
definition.
A number of comments requested clarity or confirmation regarding
what types of organizations met the equivalent ``voluntary consensus
standards body'' (VCSB) definition as defined by OMB Circular A-119.
One commenter requested clarification as to whether the June 18th IFR
applies only to international voluntary consensus standards bodies or
``if it also applies to national standard setting organizations. OMB
Circular No. A-119, which the rule refers to, notes that standard
setting organizations are both domestic and international, although the
language of the rule seems to contemplate the rule applying to
international standard setting.'' Four commenters requested that BIS
confirm that consortia or alliances are considered ``standards
organizations'' for the purposes of the June 18th IFR. Two commenters
requested confirmation that entities that develop certification
programs would also be considered VCSBs. One commenter requested
further clarification on SSO's and whether U.S. persons are permitted
to work with Huawei and its affiliates in standards development
activities or not.
A number of commenters suggested revisions to BIS's definition of
``standards organizations.'' Several commenters opined that OMB
Circular No. A-119 and the definition of VCSBs is not a suitable
definition for purposes of the EAR. One commenter recommended amending
the definition to remove the ``appeals process'' required by OMB
Circular No. A-119. Another commenter suggested that paid membership
model organizations not be excluded from the scope of the VSCB
definition. One commenter suggested that BIS should state that ``U.S.
companies may safely participate in any SSO formed with the intention
of creating global standards and which admits all interested parties as
members on a non-discriminatory basis. Failing that, providing an SSO-
specific exception referencing only the Openness and Consensus elements
of the VCSB definition, tailored to ICT SSO realities, would provide a
next-best solution.'' The same commenter endorsed the use of
``industry-accepted objective criteria, such as the ISO/IEC JTC-1 PAS
Submitter process as well as other industry-established criteria or
processes that would recognize legitimate standards organizations as
qualifying as ``standards organizations''.''
(3) Removal of Definitions for ``Standards'' and ``Standards
Organization;'' Addition of Definition for ``Standards-Related
Activity''
BIS appreciates the insight and suggestions provided in the public
comments to the June 18th IFR regarding the definitions, as well as the
explanations of the issues that companies face on a practical level
with regard to standards and information
[[Page 55249]]
sharing in the context of standards organizations. BIS understands and
acknowledges that the ``standards'' and ``standards organizations''
terms, as defined by the OMB Circular No. A-119, do not adequately
address the breadth of activities and issues that companies run into
while participating in standards organizations.
Therefore, based on this input derived from public comments and
interagency discussions, this final rule removes the definitions of
``standards'' and ``standards organization'' from the EAR. BIS
considered the definitions found in the TAA and SDOAA and incorporated
the relevant and applicable elements of the definitions into a
``standards-related activity'' definition. BIS is adding this term to
Sec. 772.1 of the EAR (Definitions). The scope of the standards
authorization now reflects activities as defined and in the context of
a ``standards-related activity.'' Use of the ``standards-related
activity'' definition appropriately focuses export controls on
activities that are important to United States technological leadership
rather than the type of organization that performs them. Standards
activities must not be constrained by defining the organization or
product of the deliberations in such a way that full participation in
the intended activities cannot be achieved.
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities
and serves as the authority under which BIS issues this rule. As set
forth in Section 1768 of ECRA, all delegations, rules, regulations,
orders, determinations, licenses, or other forms of administrative
action that were made, issued, conducted, or allowed to become
effective under the Export Administration Act of 1979 (previously, 50
U.S.C. 4601 et seq.) (as in effect prior to August 13, 2018 and as
continued in effect pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.)) or the Export Administration
Regulations, and were in effect as of August 13, 2018, shall continue
in effect according to their terms until modified, superseded, set
aside, or revoked under the authority of ECRA.
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 interim final rule has been designated as significant
for purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (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 interim final rule
involves the collection currently approved by OMB under the BIS control
number: Simplified Network Application Processing System (control
number 0694-0088), which includes, among other things, license
applications. The information collection under control number 0694-
0088, carries a burden estimate of 29.4 minutes for a manual or
electronic submission for a total burden estimate of 31,835 hours.
Total burden hours associated with the PRA and OMB control number 0694-
0088 are not expected to increase as a result of this rule.
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 ECRA, this action is exempt from the
Administrative Procedure Act (5 U.S.C. 553) requirements, including
prior notice and the opportunity for public comment.
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 772
Exports.
Accordingly, parts 744 and 772 of the Export Administration
Regulations (15 CFR parts 730 through 774) are amended as follows:
PART 744--CONTROL POLICY: END-USER AND END-USE BASED
0
1. The authority citation for 15 CFR 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. 13020,
61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; 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 15, 2021, 86 FR 52069 (September 17, 2021); Notice of
November 10, 2021, 86 FR 62891 (November 12, 2021).
0
2. Section 744.11 is amended by revising paragraph (a) introductory
text and paragraph (a)(1) to read as follows:
Sec. 744.11 License requirements that apply to entities acting
contrary to the national security or foreign policy interests of the
United States.
* * * * *
(a) License requirement, availability of license exceptions, and
license application review policy. A license is required, to the extent
specified on the Entity List, to export, reexport, or transfer (in-
country) any item subject to the EAR when an entity that is listed on
the Entity List is a party to the transaction as described in Sec.
748.5(c) through(f) of the EAR unless otherwise authorized or excluded
in this section. License exceptions may not be used unless authorized
in the Entity List entry for the entity that is party to the
transaction. Applications for licenses required by this section will be
evaluated as stated in the Entity List entry for the entity that is
party to the transaction, in addition to any other applicable review
policy stated elsewhere in the EAR.
(1) Standards Related Activity. A license is not required for the
release of ``technology'' or ``software'' designated EAR99 or
controlled on the CCL for anti-terrorism reasons only, when such a
release is for a ``standards-related activity.'' In addition, a license
is not required for the release of the following ECCN ``items'' level
paragraphs of ``technology'' or ``software'' specifically for the
``development,'' ``production,'' or ``use'' of cryptographic
functionality
[[Page 55250]]
when such a release is for a ``standards-related activity:''
``software'' that is classified under ECCN 5D002.b or 5D002.c.1 (for
equipment specified in ECCN 5A002.a and 5A002.c only); ``technology''
that is classified under ECCN 5E002 (for equipment specified in ECCN
5A002.a, .b and .c); and ``technology'' for software controlled under
ECCN 5D002.b or .c.1 (for equipment specified in ECCN 5A002.a and .c
only).
* * * * *
0
3. Section 744.16 is amended by revising paragraph (a) to read as
follows:
Sec. 744.16 ENTITY LIST
* * * * *
(a) License requirements. In addition to the license requirements
for items specified on the CCL, you may not, without a license from
BIS, export, reexport, or transfer (in-country) any items included in
the License Requirement column of an entity's entry on the Entity List
(supplement no. 4 to this part) when that entity is a party to a
transaction as described in Sec. 748.5(c) through (f) of the EAR. The
specific license requirement for each listed entity is identified in
the license requirement column on the Entity List in supplement no. 4
to this part. A license is not required for the release of certain
``technology'' or ``software'' when such a release is for a
``standards-related activity,'' as described in Sec. 744.11(a)(1) and
Sec. 772.1 of the EAR.
0
4. Supplement No. 4 to part 744 is amended by revising the introductory
text and the following entries:
0
a. Under Argentina, ``Huawei Cloud Argentina'' and ``Huawei Tech
Investment Co., Ltd. Argentina'';
0
b. Under Australia, ``Huawei Technologies (Australia) Pty Ltd.'';
0
c. Under Bahrain, ``Huawei Technologies Bahrain'';
0
d. Under Belarus, ``Bel Huawei Technologies LLC'';
0
e. Under Belgium, ``Huawei Technologies Research & Development Belgium
NV'';
0
f. Under Bolivia, ``Huawei Technologies (Bolivia) S.R.L.'';
0
g. Under Brazil, ``Huawei Cloud Brazil'' and ``Huawei do Brasil
Telecomunicac[otilde]es Ltda'';
0
h. Under Burma, ``Huawei Technologies (Yangon) Co., Ltd.'';
0
i. Under Canada, ``Huawei Technologies Canada Co., Ltd'';
0
j. Under Chile, ``Huawei Chile S.A.'' and ``Huawei Cloud Chile'';
0
k. Under China, ``Beijing Huawei Digital Technologies Co., Ltd.'',
``Chengdu Huawei High-Tech Investment Co., Ltd.'', ``Chengdu Huawei
Technologies Co., Ltd.'', ``Dongguan Huawei Service Co., Ltd.'',
``Dongguan Lvyuan Industry Investment Co., Ltd.'', ``Gui'an New
District Huawei Investment Co., Ltd.'', ``Hangzhou Huawei Digital
Technology Co., Ltd.'', ``HiSilicon Optoelectronics Co., Ltd.'',
``HiSilicon Technologies Co., Ltd (HiSilicon)'', ``HiSilicon Tech
(Suzhou) Co., Ltd.'', ``Hua Ying Management Co. Limited'', ``Huawei
Cloud Beijing'', ``Huawei Cloud Computing Technology'', ``Huawei Cloud
Dalian'', ``Huawei Cloud Guangzhou'', ``Huawei Cloud Guiyang'',
``Huawei Cloud Hong Kong'', ``Huawei Cloud Shanghai'', ``Huawei Cloud
Shenzhen'', ``Huawei Device Co., Ltd.'', ``Huawei Device (Dongguan)
Co., Ltd.'', ``Huawei Device (Hong Kong) Co., Limited.'', ``Huawei
Device (Shenzhen) Co., Ltd.'', ``Huawei International Co., Limited'',
``Huawei Machine Co., Ltd.'', ``Huawei OpenLab Suzhou'', ``Huawei
Software Technologies Co., Ltd.'', ``Huawei Tech. Investment Co.,
Limited'', ``Huawei Technical Service Co., Ltd.'', ``Huawei
Technologies Co., Ltd.'',, ``Huawei Technologies Service Co., Ltd.'',
``Huawei Training (Dongguan) Co., Ltd.'', ``Huayi internet Information
Service Co., Ltd.'', ``Hui Tong Business Ltd.,'', ``North Huawei
Communication Technology Co., Ltd.'', ``Shanghai Haisi Technology Co.,
Ltd.'', ``Shanghai HiSilicon Technologies Co., Ltd.,'', ``Shanghai
Mossel Trade Co., Ltd.'', ``Shenzhen HiSilicon Technologies Co.,
Electrical Research Center'', ``Shenzhen Huawei Technical Services Co.,
Ltd.'', ``Shenzhen Huawei Terminal Commercial Co., Ltd.'', ``Shenzhen
Huawei Training School Co., Ltd.'', ``Shenzhen Huayi Loan Small Loan
Co., Ltd.'', ``Shenzhen Legrit Technology Co., Ltd.'', ``Shenzhen
Smartcom Business Co., Ltd.'', ``Smartcom (Hong Kong) Co., Limited'',
``Suzhou Huawei Investment Co., Ltd.'', ``Wuhan Huawei Investment Co.,
Ltd.'', ``Wulanchabu Huawei Cloud Computing Technology'', ``Xi'an
Huawei Technologies Co., Ltd.'', and ``Xi'an Ruixin Investment Co.,
Ltd.'';
0
l. Under Costa Rica, ``Huawei Technologies Costa Rica SA'';
0
m. Under Cuba, ``Huawei Cuba'';
0
n. Under Denmark, ``Huawei Denmark'';
0
o. Under Egypt, ``Huawei OpenLab Cairo'' and ``Huawei Technology'';
0
p. Under France, ``Huawei Cloud France'', ``Huawei France'' and
``Huawei OpenLab Paris'';
0
q. Under Germany, ``Huawei Cloud Berlin'', ``Huawei OpenLab Munich'',
``Huawei Technologies Deutschland GmbH'' and ``Huawei Technologies
Dusseldorf GmbH;
0
r. Under India, ``Huawei OpenLab Delhi'' and ``Huawei Technologies
India Private Limited'';
0
s. Under Indonesia, ``Huawei Tech Investment, PT'';
0
t. Under Israel, ``Toga Networks'';
0
u. Under Italy, ``Huawei Italia'', and ``Huawei Milan Research
Institute'';
0
v. Under Jamaica, ``Huawei Technologies Jamaica Company Limited'';
0
w. Under Japan, ``Huawei Technologies Japan K.K.'';
0
x. Under Jordan, ``Huawei Technologies Investment Co. Ltd.'';
0
y. Under Kazakhstan, ``Huawei Technologies LLC Kazakhstan'';
0
z. Under Lebanon, ``Huawei Technologies Lebanon'';
0
aa. Under Madagascar, ``Huawei Technologies Madagascar Sarl'';
0
bb. Under Mexico, ``Huawei Cloud Mexico'', ``Huawei OpenLab Mexico
City'', and ``Huawei Technologies De Mexico S.A.'';
0
cc. Under Morocco, ``Huawei Technologies Morroco'';
0
dd. Under Netherlands, ``Huawei Cloud Netherlands'' and ``Huawei
Technologies Co[ouml]peratief U.A.'';
0
ee. Under New Zealand, ``Huawei Technologies (New Zealand) Company
Limited'';
0
ff. Under Oman, ``Huawei Tech Investment Oman LLC'';
0
gg. Under Pakistan, ``Huawei Technologies Pakistan (Private) Limited'';
0
hh. Under Panama, ``Huawei Technologies Cr Panama S.A'';
0
ii. Under Paraguay, ``Huawei Technologies Paraguay S.A.'';
0
jj. Under Peru ``Huawei Cloud Peru'';
0
kk. Under Portugal, ``Huawei Technology Portugal'';
0
ll. Under Qatar, ``Huawei Tech Investment Limited'';
0
mm. Under Romania, ``Huawei Technologies Romania Co., Ltd.'';
0
nn. Under Russia, ``Huawei Cloud Russia'', ``Huawei OpenLab Moscow'',
and ``Huawei Russia'';
0
oo. Under Singapore, ``Huawei Cloud Singapore'', ``Huawei International
Pte. Ltd.'', and ``Huawei OpenLab Singapore'';
0
pp. Under South Africa, ``Huawei Cloud South Africa'', ``Huawei OpenLab
Johannesburg'', and ``Huawei Technologies South Africa Pty Ltd.'';
0
qq. Under Sri Lanka, ``Huawei Technologies Lanka Company (Private)
Limited'';
0
rr. Under Sweden, ``Huawei Sweden'';
0
ss. Under Switzerland, ``Huawei Cloud Switzerland'' and ``Huawei
Technologies Switzerland AG'';
0
tt. Under Taiwan, ``Xunwei Technologies Co., Ltd.'';
[[Page 55251]]
0
uu. Under Thailand, ``Huawei Cloud Thailand'', ``Huawei OpenLab
Bangkok'', and ``Huawei Technologies (Thailand) Co.'';
0
vv. Under Turkey, ``Huawei OpenLab Istanbul'';
0
ww. Under United Arab Emirates ``Huawei OpenLab Dubai'';
0
xx. Under United Kingdom, ``Centre for Integrated Photonics Ltd.'',
``Huawei Global Finance (UK) Limited'', ``Huawei Technologies R&D UK'',
``Huawei Technologies (UK) Co., Ltd.'', ``Proven Glory'', and ``Proven
Honour''; and
uu. Under Vietnam, ``Huawei Technologies (Vietnam) Company
Limited'' and ``Huawei Technology Co. Ltd.''.
The revisions read as follows:
Supplement No. 4 to Part 744--Entity List
This Supplement lists certain entities subject to license
requirements for specified items under this parts 744 and 746 of the
EAR. License requirements for these entities include exports,
reexports, and transfers (in-country) unless otherwise stated. A
license is required, to the extent specified on the Entity List, to
export, reexport, or transfer (in-country) any item subject to the EAR
when an entity that is listed on the Entity List is a party to the
transaction as described in Sec. 748.5(c) through (f) of the EAR. See
Sec. 744.11 for licensing requirements in the context of a
``standards-related activity''. This list of entities is revised and
updated on a periodic basis in this Supplement by adding new or amended
notifications and deleting notifications no longer in effect.
----------------------------------------------------------------------------------------------------------------
License review Federal Register
Country Entity License requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
ARGENTINA.............. Huawei Cloud Argentina, For all items Presumption of 85 FR 51603, 8/20/
Buenos Aires, Argentina. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei Tech Investment Co., For all items Presumption of 84 FR 43495, 8/21/
Ltd., Argentina, Av. subject to the denial. 19. 85 FR 29852,
Leandro N. Alem 815, C1054 EAR, see Sec. 5/19/20. 85 FR
CABA, Argentina. Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
AUSTRALIA.............. Huawei Technologies For all items Presumption of 84 FR 43495, 8/21/
(Australia) Pty Ltd., L6 subject to the denial. 19. 85 FR 29852,
799 Pacific Hwy, Chatswood, EAR, see Sec. 5/19/20. 85 FR
New South Wales, 2067, Sec. 734.9(e) 36720, 6/18/20.
Australia. \1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
BAHRAIN................ Huawei Technologies Bahrain, For all items Presumption of 84 FR 43495, 8/21/
Building 647 2811 Road subject to the denial. 19. 85 FR 29852,
2811, Block 428, Muharraq, EAR, see Sec. 5/19/20. 85 FR
Bahrain. Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
BELARUS................ Bel Huawei Technologies LLC, For all items Presumption of 84 FR 43495, 8/21/
a.k.a., the following one subject to the denial. 19. 85 FR 29852,
alias, EAR, see Sec. 5/19/20. 85 FR
--BellHuawei Technologies Sec. 734.9(e) 36720, 6/18/20.
LLC. 5 Dzerzhinsky Ave., \1\ and 744.11 of 85 FR 51603, 8/
Minsk, 220036, Belarus. the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
BELGIUM................ Huawei Technologies Research For all items Presumption of 84 FR 22963, 5/21/
& Development Belgium NV, subject to the denial. 19. 84 FR 43495,
Technologiepark 19, 9052 EAR, see Sec. 8/21/19. 85 FR
Zwijnaarde Belgium. Sec. 734.9(e) 29852, 5/19/20.
\1\ and 744.11 of 85 FR 36720, 6/
the EAR \2\ 18/20. 85 FR
51603, 8/20/20.
87 FR 6026, 2/3/
22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/
22].
[[Page 55252]]
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
BOLIVIA................ Huawei Technologies For all items Presumption of 84 FR 22963, 5/21/
(Bolivia) S.R.L., La Paz, subject to the denial. 19. 85 FR 29852,
Bolivia. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
----------------------------------------------------------------------------------------------------------------
BRAZIL................. Huawei Cloud Brazil, Sau For all items Presumption of 85 FR 51603, 8/20/
Paulo, Brazil. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) 8182, 2/14/22.
\1\ and 744.11 of 87 FR 21012, 4/
the EAR \2\ 11/22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/
22].
Huawei do Brasil For all items Presumption of 84 FR 22963, 5/21/
Telecomunicac[otilde]es subject to the denial. 19. 84 FR 43495,
Ltda, Sao Paulo, Brazil; EAR, see Sec. 8/21/19. 85 FR
and Av. Jerome Case, 2600, Sec. 734.9(e) 29852, 5/19/20.
Sorocaba--SP, 18087-220, \1\ and 744.11 of 85 FR 36720, 6/
Brazil. the EAR \2\ 18/20. 85 FR
51603, 8/20/20.
87 FR 6026, 2/3/
22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/
22].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
BURMA.................. Huawei Technologies (Yangon) For all items Presumption of 84 FR 22963, 5/21/
Co., Ltd., Yangon, Burma. subject to the denial. 19. 85 FR 29852,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
CANADA................. * * * * * *
Huawei Technologies Canada For all items Presumption of 84 FR 22963, 5/21/
Co., Ltd., Markham, ON, subject to the denial. 19. 85 FR 29852,
Canada. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
CHILE.................. Huawei Chile S.A., Santiago, For all items Presumption of 84 FR 22963, 5/21/
Chile. subject to the denial. 19. 85 FR 29852,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Huawei Cloud Chile, For all items Presumption of 85 FR 51603, 8/20/
Santiago, Chile. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
----------------------------------------------------------------------------------------------------------------
CHINA, PEOPLE'S * * * * * *
REPUBLIC OF.
Beijing Huawei Digital For all items Presumption of 84 FR 22963, 5/21/
Technologies Co., Ltd., subject to the denial. 19. 85 FR 29852,
Beijing, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
[[Page 55253]]
* * * * * *
----------------------------------------------------------------------------------------------------------------
Chengdu Huawei High-Tech For all items Presumption of 84 FR 22963, 5/21/
Investment Co., Ltd., subject to the denial. 19. 85 FR 29852,
Chengdu, Sichuan, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Chengdu Huawei Technologies For all items Presumption of 84 FR 22963, 5/21/
Co., Ltd., Chengdu, subject to the denial. 19. 85 FR 29852,
Sichuan, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
Dongguan Huawei Service Co., For all items Presumption of 84 FR 22963, 5/21/
Ltd., Dongguan, Guangdong, subject to the denial. 19. 85 FR 29852,
China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Dongguan Lvyuan Industry For all items Presumption of 84 FR 22963, 5/21/
Investment Co., Ltd., subject to the denial. 19. 85 FR 29852,
Dongguan, Guangdong, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
Gui'an New District Huawei For all items Presumption of 84 FR 22963, 5/21/
Investment Co., Ltd., subject to the denial. 19. 85 FR 29852,
Guiyang, Guizhou, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
Hangzhou Huawei Digital For all items Presumption of 84 FR 22963, 5/21/
Technology Co., Ltd., subject to the denial. 19. 85 FR 29852,
Hangzhou, Zhejiang, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
HiSilicon Optoelectronics For all items Presumption of 84 FR 22963, 5/21/
Co., Ltd., Wuhan, Hubei, subject to the denial. 19. 85 FR 29852,
China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
HiSilicon Technologies Co., For all items Presumption of 84 FR 22963, 5/21/
Ltd (HiSilicon), Bantian subject to the denial. 19. 85 FR 29852,
Longgang District, EAR, see Sec. 5/19/20. 85 FR
Shenzhen, 518129, China. Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
HiSilicon Tech (Suzhou) Co., For all items Presumption of 84 FR 22963, 5/21/
Ltd., Suzhou, Jiangsu, subject to the denial. 19. 85 FR 29852,
China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
[[Page 55254]]
Hua Ying Management Co. For all items Presumption of 84 FR 22963, 5/21/
Limited, Tsim Sha Tsui, subject to the denial. 19. 85 FR 29853,
Kowloon, Hong Kong. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 85 FR
83769, 12/23/20.
87 FR 6026, 2/3/
22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/
22].
Huawei Cloud Beijing, For all items Presumption of 85 FR 51603, 8/20/
Beijing, China. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei Cloud Computing For all items Presumption of 85 FR 51603, 8/20/
Technology, Huawei Cloud subject to the denial. 20. 87 FR 6026,
Data Center, Xinggong Road, EAR, see Sec. 2/3/22. 87 FR
Qianzhong Avenue, Gui'an Sec. 734.9(e) [INSERT FR PAGE
New District, Guizhou \1\ and 744.11 of NUMBER AND 9/9/
Province, China; and Huawei the EAR \2\ 22].
Cloud Data Center,
Jiaotianfu Road, Jinma
Avenue, Gui'an New
District, Guizhou Province,
China.
Huawei Cloud Dalian, Dalian, For all items Presumption of 85 FR 51603, 8/20/
China. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei Cloud Guangzhou, For all items Presumption of 85 FR 51603, 8/20/
Guangzhou, China. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei Cloud Guiyang, For all items Presumption of 85 FR 51603, 8/20/
Guiyang, China. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei Cloud Hong Kong, Hong For all items Presumption of 85 FR 51603, 8/20/
Kong. subject to the denial. 20. 85 FR 52901,
EAR, see Sec. 8/27/20. 86 FR
Sec. 734.9(e) 12531, 3/4/21.
\1\ and 744.11 of 87 FR 6026, 2/3/
the EAR \2\ 22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/
22].
Huawei Cloud Shanghai, For all items Presumption of 85 FR 51603, 8/20/
Shanghai, China. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei Cloud Shenzhen, For all items Presumption of 85 FR 51603, 8/20/
Shenzhen, China. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei Device Co., Ltd., For all items Presumption of 84 FR 22963, 5/21/
a.k.a., the following two subject to the denial. 19. 85 FR 29853,
aliases: EAR, see Sec. 5/19/20. 85 FR
--Huawei Device; and Sec. 734.9(e) 36720, 6/18/20.
--Songshan Lake Southern \1\ and 744.11 of 85 FR 51603, 8/
Factory. the EAR \2\ 20/20. 87 FR
Dongguan, Guangdong, China 6026, 2/3/22. 87
and No. 2 Xincheng Avenue, FR [INSERT FR
Songshan Lake Road, PAGE NUMBER AND
Dongguan City, Guangdong, 9/9/22].
China; and Songshan Lake
Base, Guangdong, China.
Huawei Device (Dongguan) For all items Presumption of 84 FR 22963, 5/21/
Co., Ltd., Dongguan, subject to the denial. 19. 85 FR 29853,
Guangdong, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Huawei Device (Hong Kong) For all items Presumption of 84 FR 22963, 5/21/
Co., Limited, Tsim Sha subject to the denial. 19. 85 FR 29853,
Tsui, Kowloon, Hong Kong. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 85 FR
83769, 12/23/20.
87 FR 6026, 2/3/
22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/
22].
[[Page 55255]]
Huawei Device (Shenzhen) For all items Presumption of 84 FR 22963, 5/21/
Co., Ltd., Shenzhen, subject to the denial. 19. 85 FR 29853,
Guangdong, China and EAR, see Sec. 5/19/20. 85 FR
Building 2, Zone B, Huawei Sec. 734.9(e) 36720, 6/18/20.
Base, Bantian, Longgang \1\ and 744.11 of 85 FR 51603, 8/
District, Shenzhen, China. the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Huawei International Co., For all items Presumption of 84 FR 22963, 5/21/
Limited, Hong Kong. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 85 FR
83769, 12/23/20.
87 FR 6026, 2/3/
22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/
22].
Huawei Machine Co., Ltd., For all items Presumption of 84 FR 22963, 5/21/
Dongguan, Guangdong, China. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Huawei OpenLab Suzhou, For all items Presumption of 85 FR 51603, 8/20/
a.k.a., the following one subject to the denial. 20. 87 FR 6026,
alias: EAR, see Sec. 2/3/22. 87 FR
--Huawei Suzhou OpenLab, Sec. 734.9(e) [INSERT FR PAGE
Suzhou, China. \1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei Software Technologies For all items Presumption of 84 FR 22963, 5/21/
Co., Ltd., Nanjing, subject to the denial. 19. 85 FR 29853,
Jiangsu, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Huawei Tech. Investment Co., For all items Presumption of 84 FR 22963, 5/21/
Limited, Hong Kong. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 85 FR
83769, 12/23/20.
87 FR 6026, 2/3/
22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/
22].
Huawei Technical Service For all items Presumption of 84 FR 22963, 5/21/
Co., Ltd., China. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Huawei Technologies Co., For all items Presumption of 84 FR 22963, 5/21/
Ltd., a.k.a., the following subject to the denial. 19. 84 FR 43495,
two aliases: EAR, see Sec. 8/21/19. 85 FR
--Shenzhen Huawei Sec. 734.9(e) 29853, 5/19/20.
Technologies; and \1\ and 744.11 of 85 FR 36720, 6/
--Huawei Technology, and to the EAR \2\ 18/20. 85 FR
include the following 51603, 8/20/20.
addresses and the following 86 FR 71559, 12/
22 affiliated entities: 17/21. 87 FR
Addresses for Huawei 6026, 2/3/22. 87
Technologies Co., Ltd.: FR 8182, 2/14/
Bantian Huawei Base, 22. 87 FR 21012,
Longgang District, 4/11/22. 87 FR
Shenzhen, 518129, China; [INSERT FR PAGE
and No. 1899 Xi Yuan Road, NUMBER AND 9/9/
High-Tech West District, 22].
Chengdu, 611731; and C1,
Wuhan Future City, No. 999
Gaoxin Ave., Wuhan, Hebei
Province; and Banxuegang
Industrial Park, Buji
Longgang, Shenzhen,
Guangdong, 518129, China;
and R&D Center, No. 2222,
Golden Bridge Road, Pu Dong
District, Shanghai, China;
and Zone G, Huawei Base,
Bantian, Longgang District,
Shenzhen, China; and Tsim
Sha Tsui, Kowloon, Hong
Kong.
Affiliated entities:
[[Page 55256]]
Beijing Huawei Longshine
Information Technology Co.,
Ltd., a.k.a., the following
one alias:
--Beijing Huawei Longshine,
to include the following
subordinate. Q80-3-25R, 3rd
Floor, No. 3, Shangdi
Information Road, Haidian
District, Beijing, China.
Hangzhou New Longshine
Information Technology Co.,
Ltd., Room 605, No. 21,
Xinba, Xiachang District,
Hangzhou, China.
Hangzhou Huawei
Communication Technology
Co., Ltd., Building 1, No.
410, Jianghong Road,
Changhe Street, Binjiang
District, Hangzhou,
Zhejiang, China.
Hangzhou Huawei Enterprises,
No. 410 Jianghong Road,
Building 1, Hangzhou,
China.
Huawei Digital Technologies
(Suzhou) Co., Ltd., No. 328
XINHU STREET, Building A3,
Suzhou (Huawei R&D Center,
Building A3, Creative
Industrial Park, No. 328,
Xinghu Street, Suzhou),
Suzhou, Jiangsu, China.
Huawei Marine Networks Co.,
Ltd., a.k.a., the following
one alias:
--Huawei Marine;
HMN Technologies;
Huahai Zhihui Technology
Co., Ltd.; and
--HMN Tech.
Building R4, No. 2 City
Avenue, Songshan Lake
Science & Tech Industry
Park, Dongguan, 523808, and
No. 62, Second Ave., 5/F-6/
F, TEDA, MSD-B2 Area,
Tianjin Economic and
Technological Development
Zone, Tianjin, 300457,
China.
Huawei Mobile Technology
Ltd., Huawei Base, Building
2, District B, Shenzhen,
China.
Huawei Tech. Investment Co.,
U1 Building, No. 1899
Xiyuan Avenue, West Gaoxin
District, Chengdu City,
611731, China.
Huawei Technology Co., Ltd.
Chengdu Research Institute,
No. 1899, Xiyuan Ave., Hi-
Tech Western District,
Chengdu, Sichuan Province,
610041, China.
Huawei Technology Co., Ltd.
Hangzhou Research
Institute, No. 410,
Jianghong Rd., Building 4,
Changhe St., Binjiang
District, Hangzhou,
Zhejiang Province, 310007,
China.
Huawei Technologies Co.,
Ltd. Beijing Research
Institute, No. 3, Xinxi
Rd., Huawei Building,
ShangDi Information
Industrial Base, Haidian
District, Beijing, 100095,
China; and No. 18, Muhe
Rd., Building 1-4, Haidian
District, Beijing, China.
Huawei Technologies Co.,
Ltd. Material
Characterization Lab,
Huawei Base, Bantian,
Shenzhen 518129, China.
Huawei Technologies Co.,
Ltd. Xi'an Research
Institute, National
Development Bank Building
(Zhicheng Building), No. 2,
Gaoxin 1st Road, Xi'an High-
tech Zone, Xi'an, China.
[[Page 55257]]
Huawei Terminal (Shenzhen)
Co., Ltd., Huawei Base, B1,
Shenzhen, China.
Nanchang Huawei
Communication Technology,
No. 188 Huoju Street, F10-
11, Nanchang, China.
Ningbo Huawei Computer & Net
Co., Ltd., No. 48 Daliang
Street, Ningbo, China.
Shanghai Huawei Technologies
Co., Ltd., R&D center, No.
2222, Golden Bridge Road,
Pu Dong District, Shanghai,
286305 Shanghai, China,
China.
Shenzhen Huawei Anjiexin
Electricity Co., Ltd.,
a.k.a., the following one
alias:
--Shenzhen Huawei Agisson
Electric Co., Ltd.
Building 2, Area B, Putian
Huawei Base, Longgang
District, Shenzhen, China;
and Huawei Base, Building
2, District B, Shenzhen,
China.
Shenzhen Huawei New
Technology Co., Ltd.,
Huawei Production Center,
Gangtou Village, Buji Town,
Longgang District,
Shenzhen, China.
Shenzhen Huawei Technology
Service, Huawei Base,
Building 2, District B,
Shenzhen, China.
Shenzhen Huawei Technologies
Software, Huawei Base,
Building 2, District B,
Shenzhen, China.
Zhejiang Huawei
Communications Technology
Co., Ltd., No. 360 Jiangshu
Road, Building 5, Hangzhou,
Zhejiang, China.
Huawei Technologies Service For all items Presumption of 84 FR 22963, 5/21/
Co., Ltd., Langfang, Hebei, subject to the denial. 19. 85 FR 29853,
China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Huawei Training (Dongguan) For all items Presumption of 84 FR 22963, 5/21/
Co., Ltd., Dongguan, subject to the denial. 19. 85 FR 29853,
Guangdong, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Huayi Internet Information For all items Presumption of 84 FR 22963, 5/21/
Service Co., Ltd., subject to the denial. 19. 85 FR 29853,
Shenzhen, Guangdong, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
Hui Tong Business Ltd., For all items Presumption of 84 FR 22963, 5/21/
Huawei Base, Electrical subject to the denial. 19. 85 FR 29853,
Research Center, Shenzhen, EAR, see Sec. 5/19/20. 85 FR
China. Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
[[Page 55258]]
North Huawei Communication For all items Presumption of 84 FR 22963, 5/21/
Technology Co., Ltd., subject to the denial. 19. 85 FR 29853,
Beijing, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
Shanghai Haisi Technology For all items Presumption of 84 FR 22963, 5/21/
Co., Ltd., Shanghai, China. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Shanghai HiSilicon For all items Presumption of 84 FR 43495, 8/21/
Technologies Co., Ltd., subject to the denial. 19. 85 FR 29853,
Room 101, No. 318, Shuixiu EAR, see Sec. 5/19/20. 85 FR
Road, Jinze Town (Xiqi), Sec. 734.9(e) 36720, 6/18/20.
Qingpu District, Shanghai, \1\ and 744.11 of 85 FR 51603, 8/
China. the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Shanghai Mossel Trade Co., For all items Presumption of 84 FR 22963, 5/21/
Ltd., Shanghai, China. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
Shenzhen HiSilicon For all items Presumption of 84 FR 43495, 8/21/
Technologies Co., subject to the denial. 19. 85 FR 29853,
Electrical Research Center, EAR, see Sec. 5/19/20. 85 FR
Huawei Base, Shenzhen, Sec. 734.9(e) 36720, 6/18/20.
China. \1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Shenzhen Huawei Technical For all items Presumption of 84 FR 22963, 5/21/
Services Co., Ltd., subject to the denial. 19. 85 FR 29853,
Shenzhen, Guangdong, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Shenzhen Huawei Terminal For all items Presumption of 84 FR 22963, 5/21/
Commercial Co., Ltd., subject to the denial. 19. 85 FR 29853,
Shenzhen, Guangdong, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Shenzhen Huawei Training For all items Presumption of 84 FR 22963, 5/21/
School Co., Ltd., Shenzhen, subject to the denial. 19. 85 FR 29853,
Guangdong, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Shenzhen Huayi Loan Small For all items Presumption of 84 FR 22963, 5/21/
Loan Co., Ltd., Shenzhen, subject to the denial. 19. 85 FR 29853,
Guangdong, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
[[Page 55259]]
Shenzhen Legrit Technology For all items Presumption of 84 FR 22963, 5/21/
Co., Ltd., Shenzhen, subject to the denial. 19. 85 FR 29853,
Guangdong, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
Shenzhen Smartcom Business For all items Presumption of 84 FR 22963, 5/21/
Co., Ltd., Shenzhen, subject to the denial. 19. 85 FR 29853,
Guangdong, China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
Smartcom (Hong Kong) Co., For all items Presumption of 84 FR 22963, 5/21/
Limited, Sheung Wan, Hong subject to the denial. 19. 85 FR 29853,
Kong. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 85 FR
83769, 12/23/20.
87 FR 6026, 2/3/
22. 87 FR
[INSERT FR PAGE
NUMBER AND 9/9/
22].
* * * * * *
Suzhou Huawei Investment For all items Presumption of 84 FR 22963, 5/21/
Co., Ltd., Suzhou, Jiangsu, subject to the denial. 19. 85 FR 29853,
China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
Wuhan Huawei Investment Co., For all items Presumption of 84 FR 22963, 5/21/
Ltd., Wuhan, Hubei, China. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
Wulanchabu Huawei Cloud For all items Presumption of 85 FR 51603, 8/20/
Computing Technology, subject to the denial. 20. 87 FR 6026,
a.k.a., the following one EAR, see Sec. 2/3/22. 87 FR
alias: Sec. 734.9(e) [INSERT FR PAGE
--Ulan Qab Huawei Cloud \1\ and 744.11 of NUMBER AND 9/9/
Computing Technology. the EAR \2\ 22].
Huawei Cloud Data Center at
the Intersection of Manda
Road and Jingqi Road,
Jining District, Wulanchabu
City, Inner Mongolia
Autonomous Region, China.
* * * * * *
Xi'an Huawei Technologies For all items Presumption of 84 FR 22963, 5/21/
Co., Ltd., Xi'an, Shaanxi, subject to the denial. 19. 85 FR 29853,
China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
Xi'an Ruixin Investment Co., For all items Presumption of 84 FR 22963, 5/21/
Ltd., Xi'an, Shaanxi, subject to the denial. 19. 85 FR 29853,
China. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 55260]]
COSTA RICA............. Huawei Technologies Costa For all items Presumption of 84 FR 43495, 8/21/
Rica SA, a.k.a., the subject to the denial. 19. 85 FR 29853,
following one alias: EAR, see Sec. 5/19/20. 85 FR
--Huawei Technologies Costa Sec. 734.9(e) 36720, 6/18/20.
Rica Sociedad Anonima. \1\ and 744.11 of 85 FR 51603, 8/
S.J, Sabana Norte, Detras De the EAR \2\ 20/20. 87 FR
Burger King, Edif Gru, Po 6026, 2/3/22. 87
Nueva, San Jose, Costa FR [INSERT FR
Rica. PAGE NUMBER AND
9/9/22].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
CUBA................... Huawei Cuba, Cuba. For all items Presumption of 84 FR 43495, 8/21/
subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
DENMARK................ Huawei Denmark, Vestre For all items Presumption of 84 FR 43495, 8/21/
Teglgade 9, Kobenhavn Sv, subject to the denial. 19. 85 FR 29853,
Hovedstaden, 2450, Denmark. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
----------------------------------------------------------------------------------------------------------------
EGYPT.................. * * * * * *
Huawei OpenLab Cairo, For all items Presumption of 85 FR 51603, 8/20/
a.k.a., the following one subject to the denial. 20. 87 FR 6026,
alias: EAR, see Sec. 2/3/22. 87 FR
--Huawei Cairo OpenLab. Sec. 734.9(e) [INSERT FR PAGE
Cairo-Alex Desert Rd, Al \1\ and 744.11 of NUMBER AND 9/9/
Giza Desert, Giza the EAR \2\ 22].
Governorate, Egypt.
Huawei Technology, Cairo, For all items Presumption of 84 FR 22963, 5/21/
Egypt. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
FRANCE................. * * * * * *
Huawei Cloud France, Paris, For all items Presumption of 85 FR 51603, 8/20/
France. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei France, a.k.a., the For all items Presumption of 84 FR 43495, 8/21/
following one alias: subject to the denial. 19. 85 FR 29853,
--Huawei Technologies France EAR, see Sec. 5/19/20. 85 FR
SASU. Sec. 734.9(e) 36720, 6/18/20.
36-38, quai du Point du \1\ and 744.11 of 85 FR 51603, 8/
Jour, 92659 Boulogne- the EAR \2\ 20/20. 87 FR
Billancourt cedex, France. 6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Huawei OpenLab Paris, For all items Presumption of 85 FR 51603, 8/20/
a.k.a., the following one subject to the denial. 20. 87 FR 6026,
alias: EAR, see Sec. 2/3/22. 87 FR
--Huawei Paris OpenLab. Sec. 734.9(e) [INSERT FR PAGE
101 Boulevard Murat, 75016 \1\ and 744.11 of NUMBER AND 9/9/
Paris, France. the EAR \2\ 22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
GERMANY................ * * * * * *
[[Page 55261]]
Huawei Cloud Berlin, Berlin For all items Presumption of 85 FR 51603, 8/20/
Germany. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei OpenLab Munich, For all items Presumption of 85 FR 51603, 8/20/
a.k.a., the following one subject to the denial. 20. 85 FR 52901,
alias: EAR, see Sec. 8/27/20. 86 FR
--Huawei Munich OpenLab. Sec. 734.9(e) 12531, 3/4/2021.
Huawei Germany Region R&D \1\ and 744.11 of 87 FR 6026, 2/3/
Centre Riesstr. 22 80992 the EAR \2\ 22. 87 FR
Munich, Germany; and Huawei [INSERT FR PAGE
Germany Region R&D Centre NUMBER AND 9/9/
Riesstr. 12 80992 Munich, 22].
Germany.
Huawei Technologies For all items Presumption of 84 FR 22963, 5/21/
Deutschland GmbH, Germany. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Huawei Technologies For all items Presumption of 85 FR 51603, 8/20/
Dusseldorf GmbH, Huawei subject to the denial. 20. 87 FR 6026,
Germany Region R&D Centre EAR, see Sec. 2/3/22. 87 FR
Riesstr. 25, 80992 Munich, Sec. 734.9(e) [INSERT FR PAGE
Germany, and Am Seestern 24 \1\ and 744.11 of NUMBER AND 9/9/
Duesseldorf, D-40547 the EAR \2\ 22].
Germany.
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
INDIA.................. * * * * * *
Huawei OpenLab Delhi, For all items Presumption of 85 FR 51603, 8/20/
a.k.a., the following one subject to the denial. 20. 87 FR 6026,
alias: EAR, see Sec. 2/3/22. 87 FR
--Huawei Delhi OpenLab. Sec. 734.9(e) [INSERT FR PAGE
Delhi, India. \1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei Technologies India For all items Presumption of 84 FR 43495, 8/21/
Private Limited, a.k.a., subject to the denial. 19. 85 FR 29853,
the following one alias: EAR, see Sec. 5/19/20. 85 FR
--Huawei Technologies India Sec. 734.9(e) 36720, 6/18/20.
Pvt., Ltd. \1\ and 744.11 of 85 FR 51603, 8/
Level-3/4, Leela Galleria, the EAR \2\ 20/20. 87 FR
The Leela Palace, No. 23, 6026, 2/3/22. 87
Airport Road, Bengaluru, FR [INSERT FR
560008, India; and SYNO 37, PAGE NUMBER AND
46,45/3,45/4 ETC KNO 1540, 9/9/22].
Kundalahalli Village
Bengaluru Bangalore KA
560037 India.
* * * * * *
----------------------------------------------------------------------------------------------------------------
INDONESIA.............. Huawei Tech Investment, PT, For all items Presumption of 84 FR 43495, 8/21/
Bri Ii Building 20Th Floor, subject to the denial. 19. 85 FR 29853,
Suite 2005, Jl. Jend., EAR, see Sec. 5/19/20. 85 FR
Sudirman Kav. 44-46, Sec. 734.9(e) 36720, 6/18/20.
Jakarta, 10210, Indonesia. \1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
ISRAEL................. * * * * * *
Toga Networks, 4 Haharash For all items Presumption of 85 FR 51603, 8/20/
St., Hod Hasharon, Israel. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
ITALY.................. Huawei Italia, Via For all items Presumption of 84 FR 43495, 8/21/
Lorenteggio, 240, Tower A, subject to the denial. 19. 85 FR 29853,
20147 Milan, Italy. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
[[Page 55262]]
Huawei Milan Research For all items Presumption of 84 FR 43495, 8/21/
Institute, Milan, Italy. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
JAMAICA................ Huawei Technologies Jamaica For all items Presumption of 84 FR 22963, 5/21/
Company Limited, Kingston, subject to the denial. 19. 85 FR 29853,
Jamaica. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
----------------------------------------------------------------------------------------------------------------
JAPAN.................. Huawei Technologies Japan For all items Presumption of 84 FR 22963, 5/21/
K.K., Japan. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
----------------------------------------------------------------------------------------------------------------
JORDAN................. Huawei Technologies For all items Presumption of 84 FR 22963, 5/21/
Investment Co. Ltd., Amman, subject to the denial. 19. 85 FR 29853,
Jordan. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
KAZAKHSTAN............. * * * * * *
Huawei Technologies LLC For all items Presumption of 84 FR 43495, 8/21/
Kazakhstan, 191 Zheltoksan subject to the denial. 19. 85 FR 29853,
St., 5th floor, 050013, EAR, see Sec. 5/19/20. 85 FR
Bostandyk, District of Sec. 734.9(e) 36720, 6/18/20.
Almaty, Republic of \1\ and 744.11 of 85 FR 51603, 8/
Kazakhstan. the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
LEBANON................ * * * * * *
Huawei Technologies Lebanon, For all items Presumption of 84 FR 22963, 5/21/
Beirut, Lebanon. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
MADAGASCAR............. Huawei Technologies For all items Presumption of 84 FR 22963, 5/21/
Madagascar Sarl, subject to the denial. 19. 85 FR 29853,
Antananarivo, Madagascar. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
MEXICO................. Huawei Cloud Mexico, Mexico For all items Presumption of 85 FR 51603, 8/20/
City, Mexico. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei OpenLab Mexico City, For all items Presumption of 85 FR 51603, 8/20/
a.k.a., the following one subject to the denial. 20. 87 FR 6026,
alias: EAR, see Sec. 2/3/22. 87 FR
--Huawei Mexico City Sec. 734.9(e) [INSERT FR PAGE
OpenLab. Mexico City, \1\ and 744.11 of NUMBER AND 9/9/
Mexico. the EAR \2\ 22].
[[Page 55263]]
Huawei Technologies De For all items Presumption of 84 FR 43495, 8/21/
Mexico S.A., Avenida Santa subject to the denial. 19. 85 FR 29853,
F[eacute] No. 440, Torre EAR, see Sec. 5/19/20. 85 FR
Century Plaza Piso 15, Sec. 734.9(e) 36720, 6/18/20.
Colonia Santa Fe, \1\ and 744.11 of 85 FR 51603, 8/
Delegaci[oacute]n the EAR \2\ 20/20. 87 FR
Cuajimalpa de Morelos, C.P. 6026, 2/3/22. 87
05348, Distrito Federal, FR [INSERT FR
CDMX, Mexico; and Laza PAGE NUMBER AND
Carso, Torre Falc[oacute]n, 9/9/22].
Lago Zurich No. 245, Piso
18, Colonia Ampliacion
Granda, Delegaci[oacute]n
Miguel Hidalgo, CDMX,
Mexico.
----------------------------------------------------------------------------------------------------------------
MOROCCO................ Huawei Technologies Morocco, For all items Presumption of 85 FR 51603, 8/20/
Immeuble High Tech, 4eme subject to the denial. 20. 87 FR 6026,
Etage, Plateaux N 11, 12 Et EAR, see Sec. 2/3/22. 87 FR
13, Hay Riad Sec. 734.9(e) [INSERT FR PAGE
--Rabat, Morocco. \1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
----------------------------------------------------------------------------------------------------------------
NETHERLANDS............ * * * * * *
Huawei Cloud Netherlands, For all items Presumption of 85 FR 51603, 8/20/
Amsterdam, Netherlands. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei Technologies For all items Presumption of 84 FR 22963, 5/21/
Co[ouml]peratief U.A., subject to the denial. 19. 85 FR 29853,
Netherlands. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
NEW ZEALAND............ Huawei Technologies (New For all items Presumption of 84 FR 43495, 8/21/
Zealand) Company Limited, subject to the denial. 19. 85 FR 29853,
80 Queen Street, Auckland EAR, see Sec. 5/19/20. 85 FR
Central, Auckland, 1010, Sec. 734.9(e) 36720, 6/18/20.
New Zealand. \1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
OMAN................... * * * * * *
Huawei Tech Investment Oman For all items Presumption of 84 FR 22963, 5/21/
LLC, Muscat, Oman. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
PAKISTAN............... * * * * * *
Huawei Technologies Pakistan For all items Presumption of 84 FR 22963, 5/21/
(Private) Limited, subject to the denial. 19. 85 FR 29853,
Islamabad, Pakistan. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
PANAMA................. Huawei Technologies Cr For all items Presumption of 84 FR 43495, 8/21/
Panama S.A, Ave. Paseo del subject to the denial. 19. 85 FR 29853,
Mar, Costa del Este Torre EAR, see Sec. 5/19/20. 85 FR
MMG, Piso 17 Ciudad de Sec. 734.9(e) 36720, 6/18/20.
Panam[aacute], Panama. \1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 55264]]
PARAGUAY............... Huawei Technologies Paraguay For all items Presumption of 84 FR 22963, 5/21/
S.A., Asuncion, Paraguay. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
PERU................... Huawei Cloud Peru, Lima, For all items Presumption of 85 FR 51603, 8/20/
Peru. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
PORTUGAL............... Huawei Technology Portugal, For all items Presumption of 84 FR 43495, 8/21/
Avenida Dom Jo[atilde]o II, subject to the denial. 19. 85 FR 29853,
51B-11[deg].A 1990-085 EAR, see Sec. 5/19/20. 85 FR
Lisboa, Portugal. Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
QATAR.................. Huawei Tech Investment For all items Presumption of 84 FR 22963, 5/21/
Limited, Doha, Qatar. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
ROMANIA................ Huawei Technologies Romania For all items Presumption of 84 FR 43495, 8/21/
Co., Ltd., Ion Mihalache subject to the denial. 19. 85 FR 29853,
Blvd, No. 15-17, 1st EAR, see Sec. 5/19/20. 85 FR
District, 9th Floor of Sec. 734.9(e) 36720, 6/18/20.
Bucharest Tower center, \1\ and 744.11 of 85 FR 51603, 8/
Bucharest, Romania. the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
RUSSIA................. * * * * * *
Huawei Cloud Russia, Moscow, For all items Presumption of 85 FR 51603, 8/20/
Russia. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei OpenLab Moscow, For all items Presumption of 85 FR 51603, 8/20/
a.k.a., the following one subject to the denial. 20. 87 FR 6026,
alias: EAR, see Sec. 2/3/22. 87 FR
--Huawei Moscow OpenLab, Sec. 734.9(e) [INSERT FR PAGE
Moscow, Russia. \1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei Russia, Business-Park For all items Presumption of 84 FR 43495, 8/21/
``Krylatsky Hills'', 17 subject to the denial. 19. 85 FR 29853,
bldg. 2, Krylatskaya Str., EAR, see Sec. 5/19/20. 85 FR
Moscow 121614, Russia. Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
SINGAPORE.............. * * * * * *
Huawei Cloud Singapore, For all items Presumption of 85 FR 51603, 8/20/
Singapore, Singapore. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei International Pte. For all items Presumption of 84 FR 22963, 5/21/
Ltd., Singapore. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
[[Page 55265]]
Huawei OpenLab, Singapore, For all items Presumption of 85 FR 51603, 8/20/
a.k.a., the following one subject to the denial. 20. 87 FR 6026,
alias: EAR, see Sec. 2/3/22. 87 FR
--Huawei Singapore OpenLab, Sec. 734.9(e) [INSERT FR PAGE
Singapore, Singapore. \1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
SOUTH AFRICA........... * * * * * *
Huawei Cloud South Africa, For all items Presumption of 85 FR 51603, 8/20/
Johannesburg, South Africa. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei OpenLab, For all items Presumption of 85 FR 51603, 8/20/
Johannesburg, a.k.a., the subject to the denial. 20. 87 FR 6026,
following one alias: EAR, see Sec. 2/3/22. 87 FR
--Huawei Johannesburg Sec. 734.9(e) [INSERT FR PAGE
OpenLab, Johannesburg, \1\ and 744.11 of NUMBER AND 9/9/
South Africa. the EAR \2\ 22].
Huawei Technologies South For all items Presumption of 84 FR 43495, 8/21/
Africa Pty Ltd., 128 Peter subject to the denial. 19. 85 FR 29853,
St Block 7 Grayston Office EAR, see Sec. 5/19/20. 85 FR
Park, Sandton, Gauteng, Sec. 734.9(e) 36720, 6/18/20.
1682, South Africa. \1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
SRI LANKA.............. Huawei Technologies Lanka For all items Presumption of 84 FR 22963, 5/21/
Company (Private) Limited, subject to the denial. 19. 85 FR 29853,
Colombo, Sri Lanka. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
----------------------------------------------------------------------------------------------------------------
SWEDEN................. * * * * * *
Huawei Sweden, For all items Presumption of 84 FR 43495, 8/21/
Skalholtsgatan 9-11 Kista, subject to the denial. 19. 85 FR 29853,
164 40 Stockholm, Sweden. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
----------------------------------------------------------------------------------------------------------------
SWITZERLAND............ * * * * * *
Huawei Cloud Switzerland, For all items Presumption of 85 FR 51603, 8/20/
Bern, Switzerland. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei Technologies For all items Presumption of 84 FR 22963, 5/21/
Switzerland AG, Liebefeld, subject to the denial. 19. 85 FR 29853,
Bern, Switzerland. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
TAIWAN................. * * * * * *
Xunwei Technologies Co., For all items Presumption of 84 FR 22963, 5/21/
Ltd., Taipei, Taiwan. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
THAILAND............... * * * * * *
[[Page 55266]]
Huawei Cloud Thailand, For all items Presumption of 85 FR 51603, 8/20/
Bangkok, Thailand. subject to the denial. 20. 87 FR 6026,
EAR, see Sec. 2/3/22. 87 FR
Sec. 734.9(e) [INSERT FR PAGE
\1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei OpenLab Bangkok, For all items Presumption of 85 FR 51603, 8/20/
a.k.a., the following one subject to the denial. 20. 87 FR 6026,
alias: EAR, see Sec. 2/3/22. 87 FR
--Huawei Bangkok OpenLab. Sec. 734.9(e) [INSERT FR PAGE
Bangkok, Thailand. \1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
Huawei Technologies For all items Presumption of 84 FR 43495, 8/21/
(Thailand) Co., 87/1 subject to the denial. 19. 85 FR 29853,
Wireless Road, 19th Floor, EAR, see Sec. 5/19/20. 85 FR
Capital Tower, All Seasons Sec. 734.9(e) 36720, 6/18/20.
Place, Pathumwan, Bangkok, \1\ and 744.11 of 85 FR 51603, 8/
10330, Thailand. the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
TURKEY................. * * * * * *
Huawei OpenLab Istanbul, For all items Presumption of 85 FR 51603, 8/20/
a.k.a., the following one subject to the denial. 20. 87 FR 6026,
alias: EAR, see Sec. 2/3/22. 87 FR
--Huawei Istanbul OpenLab. Sec. 734.9(e) [INSERT FR PAGE
Istanbul, Turkey. \1\ and 744.11 of NUMBER AND 9/9/
the EAR \2\ 22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
UNITED ARAB EMIRATES... * * * * * *
Huawei OpenLab Dubai, For all items Presumption of 85 FR 51603, 8/20/
a.k.a., the following one subject to the denial. 20. 87 FR 6026,
alias: EAR, see Sec. 2/3/22. 87 FR
--Huawei Dubai OpenLab. Sec. 734.9(e) [INSERT FR PAGE
Dubai, United Arab \1\ and 744.11 of NUMBER AND 9/9/
Emirates. the EAR \2\ 22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
UNITED KINGDOM......... * * * * * *
Centre for Integrated For all items Presumption of 84 FR 43495, 8/21/
Photonics Ltd., B55 subject to the denial. 19. 85 FR 29853,
Adastral Park, Pheonix EAR, see Sec. 5/19/20. 85 FR
House, Martlesham Heath, Sec. 734.9(e) 36720, 6/18/20.
Ipswich, IP5 3RE United \1\ and 744.11 of 85 FR 51603, 8/
Kingdom. the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
Huawei Global Finance (UK) For all items Presumption of 84 FR 22963, 5/21/
Limited, Great Britain. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Huawei Technologies R&D UK, For all items Presumption of 85 FR 51603, 8/20/
a.k.a., the following two subject to the denial. 20. 87 FR 6026,
aliases: EAR, see Sec. 2/3/22. 87 FR
--Huawei Research & Sec. 734.9(e) [INSERT FR PAGE
Development (UK) Ltd; and \1\ and 744.11 of NUMBER AND 9/9/
--Huawei Technologies the EAR \2\ 22].
Research & Development
(UK)).
Former Spicers Site Sawston
Bypass Sawston Cambridge
Cambridgeshire CB22 3JG,
England; and 302 Cambridge
Science Park, Milton Road,
Cambridge, CB4 0WG,
England; and Phoenix House
(B55) Adastral Park,
Martlesham Heath, Ipswich,
Suffolk. IP5 3RE.
[[Page 55267]]
Huawei Technologies (UK) For all items Presumption of 84 FR 43495, 8/21/
Co., Ltd., a.k.a., the subject to the denial. 19. 85 FR 29853,
following one alias: EAR, see Sec. 5/19/20. 85 FR
--Huawei Software Sec. 734.9(e) 36720, 6/18/20.
Technologies Co. Ltd. 300 \1\ and 744.11 of 85 FR 51603, 8/
South Oak Way, Green Park, the EAR \2\ 20/20. 87 FR
Reading, RG2 6UF; and 6 6026, 2/3/22. 87
Mitre Passage, SE 10 0ER, FR [INSERT FR
United Kingdom. PAGE NUMBER AND
9/9/22].
* * * * * *
Proven Glory, British Virgin For all items Presumption of 84 FR 22963, 5/21/
Islands subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Proven Honour, British For all items Presumption of 84 FR 22963, 5/21/
Virgin Islands. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
* * * * * *
----------------------------------------------------------------------------------------------------------------
VIETNAM................ Huawei Technologies For all items Presumption of 84 FR 22963, 5/21/
(Vietnam) Company Limited, subject to the denial. 19. 85 FR 29853,
Hanoi, Vietnam. EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
Huawei Technology Co. Ltd., For all items Presumption of 84 FR 22963, 5/21/
Hanoi, Vietnam. subject to the denial. 19. 85 FR 29853,
EAR, see Sec. 5/19/20. 85 FR
Sec. 734.9(e) 36720, 6/18/20.
\1\ and 744.11 of 85 FR 51603, 8/
the EAR \2\ 20/20. 87 FR
6026, 2/3/22. 87
FR [INSERT FR
PAGE NUMBER AND
9/9/22].
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 772--[AMENDED]
0
4. The authority citation for 15 CFR part 772 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
5. Section 772.1 is amended by
0
a. Removing the definitions of ``Standard'' and ``Standards
organization''; and
0
b. Adding the definition of ``Standards-related activity'' in
alphabetical order.
The addition reads as follows:
Sec. 772.1 Definitions of terms as used in the Export Administration
Regulations (EAR).
* * * * *
Standards-related activity. ``Standards-related activity'' includes
the development, adoption, or application of a standard (i.e., any
document or other writing that provides, for common and repeated use,
rules, guidelines, technical or other characteristics for products or
related processes and production methods, with which compliance is not
mandatory), including but not limited to conformity assessment
procedures, with the intent that the resulting standard will be
``published.'' A ``standards-related activity'' includes an action
taken for the purpose of developing, promulgating, revising, amending,
reissuing, interpreting, implementing or otherwise maintaining or
applying such a standard.
* * * * *
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2022-19415 Filed 9-8-22; 8:45 am]
BILLING CODE 3510-33-P