Additions to the Entity List, 99702-99705 [2024-29136]
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99702
Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations
7400.11J, Airspace Designations and
Reporting Points, dated July 31, 2024,
and effective September 15, 2024, is
amended as follows:
Paragraph 5000
Class D Airspace.
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 241205–0313]
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RIN 0694–AJ96
ANM WA D Lynden, WA [Amended]
Abbotsford Airport, BC
(Lat. 49°01′31″ N, long. 122°21′36″ W)
Point in Space
(Lat. 49°01′31″ N, long. 122°21′48″ W)
Vancouver VORTAC
(Lat. 49°04′38″ N, long. 123°08′57″ W)
Vancouver International Airport, BC
(Lat. 49°11′41″ N, long. 123°11′02″ W)
That airspace extending upward from the
surface to 2,500 feet MSL beginning at lat.
48°57′59″ N, long. 122°18′57″ W, thence
counterclockwise along the 4-mile radius of
the Point in Space to lat. 49°00′05″ N, long.
122°16′08″ W, thence west along the U.S./
Canadian border to lat. 49°00′05″ N, long.
122°45′58″ W, thence clockwise along the 16mile arc of the Vancouver VORTAC to lat.
48°57′59″ N, long. 122°47′12″ W, thence east
along lat. 48°57′59″ N to the point of
beginning, excluding the airspace below
1,500 feet MSL and west of long. 122°33′50″
W, the airspace within the Vancouver
International Airport Class C airspace area,
and the airspace overlying the territory of
Canada.
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Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
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Abbotsford Airport, BC
(Lat. 49°01′31″ N, long. 122°21′36″ W)
That airspace extending upward from
1,200 feet above the surface bounded by a
line beginning at lat. 49°00′00″ N, long.
122°15′00″ W; thence east along the U.S./
Canadian border to lat. 49°00′00″ N, long.
121°20′15″ W; thence south to lat. 48°51′40″
N, long. 121°20′15″ W; thence west to lat.
48°51′40″ N, long. 122°15′00″ W; thence back
to the point of origination.
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Issued in Des Moines, Washington, on
December 5, 2024.
B.G. Chew,
Group Manager, Operations Support Group,
Western Service Center.
[FR Doc. 2024–29085 Filed 12–10–24; 8:45 am]
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Bureau of Industry and
Security, Department of Commerce.
ACTION: Final rule.
AGENCY:
In this rule, the Bureau of
Industry and Security (BIS) amends the
Export Administration Regulations
(EAR) by adding 8 entities to the Entity
List, under the destinations of Burma
(2), China, People’s Republic of (China)
(2), and Russia (4). These entities have
been determined by the U.S.
Government to be acting contrary to the
national security or foreign policy
interests of the United States.
DATES: This rule is effective December
11, 2024.
FOR FURTHER INFORMATION CONTACT:
Chair, End-User Review Committee,
Office of the Assistant Secretary for
Export Administration, Bureau of
Industry and Security, Department of
Commerce, Phone: (202) 482–5991,
Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
ANM WA E5 Kendall, WA [Amended]
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Additions to the Entity List
The Entity List
The Entity List (supplement no. 4 to
part 744 of the 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, pursuant to § 744.11(b). The EAR
imposes additional license requirements
on, and limits the availability of, most
license exceptions for exports,
reexports, and transfers (in-country)
when a listed entity is a party to the
transaction. The license review policy
for each listing is identified in the
‘‘License Review Policy’’ column on the
Entity List, and the impact on the
availability of license exceptions is
described in the relevant Federal
Register document that added the
listing to the Entity List. BIS amends the
Entity List pursuant to parts 744
(Control Policy: End-User and End-Use
Based) and 746 (Embargoes and Other
Special Controls) of the EAR.
The End-User Review Committee
(ERC), composed of representatives of
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the Departments of Commerce (Chair),
State, Defense, Energy and, where
appropriate, the Treasury, makes all
decisions regarding additions to,
removals from, or other modifications to
the Entity List. The ERC makes all
decisions to add an entry to the Entity
List by majority vote and makes all
decisions to remove or modify an entry
by unanimous vote.
Entity List Decisions
Additions to the Entity List
The ERC determined to add Sky
Aviator Company Limited and Synpex
Shwe Company Ltd., under the
destination of Burma, to the Entity List.
These additions are being made because
Sky Aviator Company Limited, and
Synpex Shwe Company Ltd., have
supplied the Burmese military with
parts and components that have enabled
the military to carry out human rights
violations, including brutal aerial
attacks against the civilian population.
These activities are contrary to the
foreign policy interests of the United
States under § 744.11 of the EAR.
Licenses to export, reexport or transfer
(in-country) items subject to the EAR to
both of these entities will be required
for all items subject to the EAR, and
license applications will be reviewed
with a license review policy of
presumption of denial.
The ERC determined to add Beijing
Zhongdun Security Technology Group
Co., Ltd. and Zhejiang Uniview
Technologies Co., Ltd., under the
destination of China, to the Entity List.
Beijing Zhongdun Security Technology
Group Co., Ltd. is being added because
it develops and sells products and
services that enable China’s public
security establishment to carry out
human rights violations. Zhejiang
Uniview Technologies Co., Ltd. is being
added because it enables human rights
violations, including high-technology
surveillance targeted at the general
population, Uyghurs, and members of
other ethnic and religious minority
groups. These activities are contrary to
the foreign policy interests of the United
States under § 744.11 of the EAR.
Licenses to export, reexport or transfer
(in-country) items subject to the EAR to
both of these entities will be required
for all items subject to the EAR, and
license applications will be reviewed
with a license review policy of
presumption of denial.
The ERC determined to add Aviasnab
LLC and Joint Stock Company Gorizont,
under the destination of Russia, to the
Entity List. These additions are being
made because Aviasnab LLC and Joint
Stock Company Gorizont have supplied
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations
the Burmese military with parts and
components that have enabled the
military to carry out human rights
violations, including brutal aerial
attacks against the civilian population.
These activities are contrary to the
foreign policy interests of the United
States under § 744.11 of the EAR.
Licenses to export, reexport or transfer
(in-country) items subject to the EAR to
both of these entities will be required
for all items subject to the EAR, and
license applications will be reviewed
with a license review policy of
presumption of denial.
The ERC determined to add
NTechLab LLC and Technology
Videoanalysis LLC, under the
destination of Russia, to the Entity List.
These additions are being made because
NtechLab LLC and Technology
Videoanalysis LLC develop and supply
facial recognition software to the
Russian government that uses these
products and services to track and target
peaceful protesters and activists. The
products and services that these
companies provide have become
integral to Russia’s mass-surveillance
apparatus. These activities are contrary
to the foreign policy interests of the
United States under § 744.11 of the
EAR. Licenses will be required for all
items subject to the EAR. License
applications will be reviewed with a
license review policy of presumption of
denial.
For the reasons described above, this
final rule adds the following 8 entities
including aliases where appropriate, to
the Entity List:
Burma
• Sky Aviator Company Limited; and
• Synepex Shwe Company Ltd.
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China
transfer (in-country) to or within a
foreign destination, may proceed to that
destination under the previous
eligibility for a License Exception or
export, reexport, or transfer (in-country)
without a license (NLR) before January
10, 2025. Any such items not actually
exported, reexported or transferred (incountry) before midnight, on January 10,
2025, require a license in accordance
with this final rule.
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. In particular, section 1753 of ECRA
(50 U.S.C. 4812) authorizes the
regulation of exports, reexports, and
transfers (in-country) of items subject to
U.S. jurisdiction. Further, section
1754(a)(1)–(16) of ECRA (50 U.S.C.
4813(a)(1)–(16)) authorizes, inter alia,
establishing and maintaining a list of
foreign persons and end-uses that are
determined to be a threat to the national
security and foreign policy of the United
States pursuant to the policy set forth in
section 1752(2)(A), and restricting
exports, reexports, and in-country
transfers of any controlled items to any
foreign person or end-use so listed;
apprising the public of changes in
policy, regulations, and procedures; and
any other action necessary to carry out
ECRA that is not otherwise prohibited
by law. Pursuant to section 1762(a) of
ECRA (50 U.S.C. 4821(a)), these changes
can be imposed in a final rule without
prior notice and comment.
Rulemaking Requirements
• Beijing Zhongdun Security
1. This rule has been determined to be
Technology Group Co., Ltd.; and
not
significant for purposes of Executive
• Zhejiang Uniview Technologies Co.,
Order 12866.
Ltd.
2. Notwithstanding any other
Russia
provision of law, no person is required
to respond to or be subject to a penalty
• Aviasnab LLC;
for failure to comply with a collection
• Joint Stock Company Gorizont;
of information, subject to the
• NtechLab LLC; and
requirements of the Paperwork
• Technology Videoanalysis LLC.
Reduction Act of 1995 (44 U.S.C. 3501
Savings Clause
et seq.) (PRA), unless that collection of
information displays a currently valid
For the changes being made in this
Office of Management and Budget
final rule, shipments of items removed
(OMB) Control Number. This regulation
from eligibility for a License Exception
involves an information collection
or export, reexport, or transfer (inapproved by OMB under control
country) without a license (NLR) as a
result of this regulatory action that were number 0694–0088, Simplified Network
Application Processing System. BIS
en route aboard a carrier to a port of
export, reexport, or transfer (in-country), does not anticipate a change to the
burden hours associated with this
on December 11, 2024, pursuant to
collection as a result of this rule.
actual orders for export, reexport, or
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99703
Information regarding the collection,
including all supporting materials, can
be accessed at https://www.reginfo.gov/
public/do/PRAMain.
3. This rule does not contain policies
with federalism implications as that
term is defined in Executive Order
13132.
4. Pursuant to section 1762 of the
Export Control Reform Act of 2018, this
action is exempt from the
Administrative Procedure Act (5 U.S.C.
553) requirements for notice of
proposed rulemaking, opportunity for
public participation, and delay in
effective date.
5. Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule by 5 U.S.C. 553, or
by any other law, the analytical
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are
not applicable. Accordingly, no
regulatory flexibility analysis is
required, and none has been prepared.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping
requirements, Terrorism.
Accordingly, part 744 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
PART 744—END-USE AND END-USER
CONTROLS
1. The authority citation for part 744
is revised to read as follows:
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Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR
20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994
Comp., p. 950; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR
45167, 3 CFR, 1998 Comp., p. 208; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13224, 66 FR 49079, 3 CFR, 2001
Comp., p. 786; Notice of September 7, 2023,
88 FR 62439 (September 11, 2023); Notice of
November 1, 2023, 88 FR 75475 (November
3, 2023).
2. Supplement no. 4 is amended by:
a. Under BURMA, adding entries in
alphabetical order for ‘‘Sky Aviator
Company Limited’’ and ‘‘Synepex Shwe
Company Ltd.’’
■ b. Under CHINA, PEOPLE’S
REPUBLIC OF adding entries in
alphabetical order for ‘‘Beijing
Zhongdun Security Technology Group
Co., Ltd.’’ and ‘‘Zhejiang Uniview
Technologies Co., Ltd.;’’ and
■ c. Under RUSSIA, adding entries in
alphabetical order for ‘‘Aviasnab LLC’’,
‘‘Joint Stock Company Gorizont’’,
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‘‘NtechLab LLC’’, and ‘‘Technology
Videoanalysis LLC’’.
The additions read as follows:
Country
Supplement No. 4 to Part 744—Entity
List
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Entity
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Burma ....................
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License requirement
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Sky Aviator Company Limited, a.k.a., the following four aliases:
—Sky Aviator Company Ltd.;
—Sky Aviator Co.;
—Sky Aviator.; and
—Sky Aviator Co. Ltd.
No. (204/2), Myinthar 11th Street, 14/1 Ward, South Okkalarpa Township, Yangon Region, Burma; and No. 286, Bogyoke Street, Ward No.
2, Waibargi, North Okkalarpa Township, Yangon Region, Burma.
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Synpex Shwe Company Ltd., a.k.a., the following one alias:
—SS Techniques Company Limited.
Nat Yay Kann (1) Street, No.1259, (35) Quarter, North Dagon Township,
Yangon Region, Burma.
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CHINA, PEOPLE’S
REPUBLIC OF.
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RUSSIA .................
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NtechLab LLC, a.k.a., the following two aliases:
—NtechLab; and
—ntech lab.
Novolesnaya Ulitsa, Dom 2, Pomeshchenie 1/3, Moscow, 127055, Russia.
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Technology Videoanalysis LLC, a.k.a., the following two aliases:
—Tevian; and
—Technologii Videoanaliza.
Skulptora Muchinoi Ulitsa, Dom 7, Floor 1 pomeshchenie II komnata 2v,
Moscow, 119634, Russia.
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89 FR [INSERT FR
PAGE NUMBER]
AND December
11, 2024.
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For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
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Presumption of denial.
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89 FR [INSERT FR
PAGE NUMBER]
AND December
11, 2024.
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For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
Presumption of denial.
89 FR [INSERT FR
PAGE NUMBER]
AND December
11, 2024.
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For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
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Presumption of denial.
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89 FR [INSERT FR
PAGE NUMBER]
AND December
11, 2024.
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For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
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For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
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For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
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For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
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Presumption of denial.
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Presumption of denial.
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Joint Stock Company Gorizont, 2 ‘‘J’’ Omskaya Street, Rostov-on-Don,
344068, Russia.
Federal Register citation
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For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
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Aviasnab LLC, Leningradskaya Street, Khimki, Moscow Region, 141400,
Russia.
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Beijing Zhongdun Security Technology Group Co., Ltd., a.k.a , the following one alias:
—Beijing Zhongdun Security Technology Development Co.
No. 1, Shouti South Road, Haidian District, Beijing, China; and No. 1
Capital Gymnasium South Road, Beijing, China.
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Zhejiang Uniview Technologies Co., Ltd., a.k.a., the following one alias:
—Uniview.
No. 369, Xietong Road, Xixing Sub-district, Binjiang District, Hangzhou
City, Zhejiang Province, 310051, China.
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License review policy
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Rules and Regulations
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Matthew S. Borman,
Principal Deputy Assistant Secretary for
Strategic Trade and Technology Security.
[FR Doc. 2024–29136 Filed 12–10–24; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 203, 206 and 291
[Docket No. FR–6051–F–03]
RIN 2502–AJ47
Federal Housing Administration (FHA):
Single Family Sale Program
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Final rule.
AGENCY:
This rule amends the
requirements for the sale of eligible
single family mortgage loans insured by
the Federal Housing Administration
(FHA) that have been assigned to the
Secretary of the Department of Housing
and Urban Development (HUD) in
exchange for claim payments. The
mortgage notes are sold, without FHA
insurance, to qualified purchasers in a
manner that seeks to maximize
recoveries and strengthen HUD’s Mutual
Mortgage Insurance Fund (MMIF) and to
achieve HUD’s operational goals for the
MMIF. This rule transitions the pilot
Single Family Sale Program from a
demonstration to a permanent program
and removes existing Disposition of
HUD-Acquired and -Owned Single
Family Property regulations, which
provided for a retired program that
handled the sale of HUD-held single
family mortgage loans.
DATES: Effective: January 10, 2025.
FOR FURTHER INFORMATION CONTACT: John
Lucey, Director, FHA Office of Asset
Sales, Office of Housing, Department of
Housing and Urban Development, 451
7th Street SW, Washington, DC 20410–
8000; telephone: (202) 708–2625 (this is
not a toll-free number), or toll-free: (800)
481–9895. HUD welcomes and is
prepared to receive calls from
individuals who are deaf or hard of
hearing, as well as from individuals
with speech or communication
disabilities. To learn more about how to
make an accessible telephone call,
please visit https://www.fcc.gov/
consumers/guides/telecommunicationsrelay-service-trs.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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I. Background
Under section 204 of the National
Housing Act,1 HUD has general
authority to pay insurance claims and
dispose of mortgages and properties
acquired under the FHA single family
mortgage insurance programs. Section
204(g) specifically grants HUD broad
discretion to implement a range of
disposition alternatives. The National
Housing Act also requires that HUD
ensure the MMIF remains financially
sound. HUD must effectively manage
HUD’s defaulted assets and minimize
losses to the MMIF to carry out its
fiduciary responsibility to ensure the
financial soundness of the MMIF.
Since 2002, HUD has operated a
demonstration program to implement its
broad disposition authority with respect
to mortgages and properties acquired
under the FHA single family mortgage
insurance programs. By notice
published in the Federal Register on
February 5, 2002, HUD announced the
establishment of the Accelerated Claim
and Asset Disposition (ACD)
Demonstration to ‘‘address any
programmatic concerns’’ and ‘‘assess its
success and determine whether to
implement the ACD process on a
permanent basis, throughout the
country.’’ 2 On October 29, 2002, HUD
responded to public comments and
conducted its first sale of defaulted
mortgages through the ACD
Demonstration.3 HUD has continuously
operated the ACD Demonstration for the
purpose of paying insurance claims and
disposing of mortgages and related
properties acquired under the FHA
single family mortgage insurance
programs.
HUD has used various names to refer
to the demonstration program, including
the ACD Demonstration, the Single
Family Loan Sales (SFLS) Program, and
the Distressed Asset Stabilization
Program (DASP). For purposes of this
rule, HUD will refer to the
demonstration as the ‘‘Single Family
Sale Program,’’ which encompasses all
of the iterations of Single Family Loan
Sales, including any sales HUD
designates as part of this program. The
final rule applies to all Single Family
Loan Sales by HUD.
1 See 12 U.S.C. 1710 (2010), as amended by
section 601 of the Fiscal Year 1999 Departments of
Veterans Affairs and Housing and Urban
Development and Independent Agencies
Appropriations Act (Pub. L. 105–276, approved
October 21, 1998) (‘‘FY 1999 Appropriations Act’’).
2 See Notice of FHA Accelerated Claim
Disposition Demonstration, 67 FR 5418 (February 5,
2002).
3 See Notice of FHA Accelerated Claim
Disposition Demonstration, 67 FR 66038 (October
29, 2002).
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99705
Absent the Single Family Sale
Program, if a borrower is unable to
resume their mortgage payments after
loss mitigation, the mortgagee in most
cases would be required to foreclose the
defaulted loan to perfect an insurance
claim. If the property cannot be sold to
a third party at foreclosure or a secondchance auction, the mortgagee may file
a conveyance claim, which gives the
property to HUD in exchange for
receiving the FHA mortgage insurance
claim payment. Prior to filing the
conveyance claim, the mortgagee will
incur legal and holding costs for which
the mortgagee may seek reimbursement
from HUD through claim payment. A
property conveyed to HUD increases
HUD’s Real Estate Owned (REO)
inventory, posing an additional
financial burden on the MMIF for asset
management costs. As an alternative to
filing a conveyance claim, for a forward
loan that has been foreclosed, HUD will
pay a claim without conveyance of title
claim from the MMIF to the mortgagee
if the borrower defaults and the
mortgagee loses money after selling the
house in a foreclosure or postforeclosure sale. Disposing of
delinquent forward mortgage loans
shortens the period between default and
claim payment, reducing the financial
exposure to these insurance funds for
costs incurred after default.
For a Home Equity Conversion
Mortgage (HECM) that has been
foreclosed, the mortgagee cannot file a
conveyance claim but can sell the
foreclosed property to a third party and
receive claim payment if the mortgagee
is owed more than it receives from such
sale. For HECMs endorsed before 2009,
HUD pays claims from the General
Insurance (GI) Fund. For HECMs
endorsed in 2009 or after, HUD pays
claims from the MMIF.
HUD’s sale of defaulted loans through
the Program is generally intended to
yield a recovery to the MMIF that meets
or exceeds the recovery obtained as a
result of a foreclosure-based claim.
When a borrower passes away after
assignment of a HECM, HUD incurs
costs associated with real property
when it is vacant or abandoned. HUD’s
servicing tenure and attempts to
foreclose can be delayed by title or
jurisdictional issues and backlogs
resulting from high volume. These
issues result in higher servicing costs
along with additional inspection and
property preservation costs while the
HECMs remain in HUD’s portfolio. After
foreclosure, HECMs that converted to
REO are added to HUD’s inventories,
increasing asset management costs to
protect and dispose of the properties.
Disposition of eligible assigned HECMs,
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Agencies
[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Rules and Regulations]
[Pages 99702-99705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29136]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 241205-0313]
RIN 0694-AJ96
Additions to the Entity List
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
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SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) by adding 8 entities to the
Entity List, under the destinations of Burma (2), China, People's
Republic of (China) (2), and Russia (4). These entities have been
determined by the U.S. Government to be acting contrary to the national
security or foreign policy interests of the United States.
DATES: This rule is effective December 11, 2024.
FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary for Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone: (202) 482-5991,
Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Entity List
The Entity List (supplement no. 4 to part 744 of the 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, pursuant to Sec.
744.11(b). The EAR imposes additional license requirements on, and
limits the availability of, most license exceptions for exports,
reexports, and transfers (in-country) when a listed entity is a party
to the transaction. The license review policy for each listing is
identified in the ``License Review Policy'' column on the Entity List,
and the impact on the availability of license exceptions is described
in the relevant Federal Register document that added the listing to the
Entity List. BIS amends the Entity List pursuant to parts 744 (Control
Policy: End-User and End-Use Based) and 746 (Embargoes and Other
Special Controls) of the EAR.
The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions regarding additions to,
removals from, or other modifications to the Entity List. The ERC makes
all decisions to add an entry to the Entity List by majority vote and
makes all decisions to remove or modify an entry by unanimous vote.
Entity List Decisions
Additions to the Entity List
The ERC determined to add Sky Aviator Company Limited and Synpex
Shwe Company Ltd., under the destination of Burma, to the Entity List.
These additions are being made because Sky Aviator Company Limited, and
Synpex Shwe Company Ltd., have supplied the Burmese military with parts
and components that have enabled the military to carry out human rights
violations, including brutal aerial attacks against the civilian
population. These activities are contrary to the foreign policy
interests of the United States under Sec. 744.11 of the EAR. Licenses
to export, reexport or transfer (in-country) items subject to the EAR
to both of these entities will be required for all items subject to the
EAR, and license applications will be reviewed with a license review
policy of presumption of denial.
The ERC determined to add Beijing Zhongdun Security Technology
Group Co., Ltd. and Zhejiang Uniview Technologies Co., Ltd., under the
destination of China, to the Entity List. Beijing Zhongdun Security
Technology Group Co., Ltd. is being added because it develops and sells
products and services that enable China's public security establishment
to carry out human rights violations. Zhejiang Uniview Technologies
Co., Ltd. is being added because it enables human rights violations,
including high-technology surveillance targeted at the general
population, Uyghurs, and members of other ethnic and religious minority
groups. These activities are contrary to the foreign policy interests
of the United States under Sec. 744.11 of the EAR. Licenses to export,
reexport or transfer (in-country) items subject to the EAR to both of
these entities will be required for all items subject to the EAR, and
license applications will be reviewed with a license review policy of
presumption of denial.
The ERC determined to add Aviasnab LLC and Joint Stock Company
Gorizont, under the destination of Russia, to the Entity List. These
additions are being made because Aviasnab LLC and Joint Stock Company
Gorizont have supplied
[[Page 99703]]
the Burmese military with parts and components that have enabled the
military to carry out human rights violations, including brutal aerial
attacks against the civilian population. These activities are contrary
to the foreign policy interests of the United States under Sec. 744.11
of the EAR. Licenses to export, reexport or transfer (in-country) items
subject to the EAR to both of these entities will be required for all
items subject to the EAR, and license applications will be reviewed
with a license review policy of presumption of denial.
The ERC determined to add NTechLab LLC and Technology Videoanalysis
LLC, under the destination of Russia, to the Entity List. These
additions are being made because NtechLab LLC and Technology
Videoanalysis LLC develop and supply facial recognition software to the
Russian government that uses these products and services to track and
target peaceful protesters and activists. The products and services
that these companies provide have become integral to Russia's mass-
surveillance apparatus. These activities are contrary to the foreign
policy interests of the United States under Sec. 744.11 of the EAR.
Licenses will be required for all items subject to the EAR. License
applications will be reviewed with a license review policy of
presumption of denial.
For the reasons described above, this final rule adds the following
8 entities including aliases where appropriate, to the Entity List:
Burma
Sky Aviator Company Limited; and
Synepex Shwe Company Ltd.
China
Beijing Zhongdun Security Technology Group Co., Ltd.; and
Zhejiang Uniview Technologies Co., Ltd.
Russia
Aviasnab LLC;
Joint Stock Company Gorizont;
NtechLab LLC; and
Technology Videoanalysis LLC.
Savings Clause
For the changes being made in this final rule, shipments of items
removed from eligibility for a License Exception or export, reexport,
or transfer (in-country) without a license (NLR) as a result of this
regulatory action that were en route aboard a carrier to a port of
export, reexport, or transfer (in-country), on December 11, 2024,
pursuant to actual orders for export, reexport, or transfer (in-
country) to or within a foreign destination, may proceed to that
destination under the previous eligibility for a License Exception or
export, reexport, or transfer (in-country) without a license (NLR)
before January 10, 2025. Any such items not actually exported,
reexported or transferred (in-country) before midnight, on January 10,
2025, require a license in accordance with this final rule.
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. In
particular, section 1753 of ECRA (50 U.S.C. 4812) authorizes the
regulation of exports, reexports, and transfers (in-country) of items
subject to U.S. jurisdiction. Further, section 1754(a)(1)-(16) of ECRA
(50 U.S.C. 4813(a)(1)-(16)) authorizes, inter alia, establishing and
maintaining a list of foreign persons and end-uses that are determined
to be a threat to the national security and foreign policy of the
United States pursuant to the policy set forth in section 1752(2)(A),
and restricting exports, reexports, and in-country transfers of any
controlled items to any foreign person or end-use so listed; apprising
the public of changes in policy, regulations, and procedures; and any
other action necessary to carry out ECRA that is not otherwise
prohibited by law. Pursuant to section 1762(a) of ECRA (50 U.S.C.
4821(a)), these changes can be imposed in a final rule without prior
notice and comment.
Rulemaking Requirements
1. This rule has been determined to be not 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 regulation involves an
information collection approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. BIS does not
anticipate a change to the burden hours associated with this collection
as a result of this rule. Information regarding the collection,
including all supporting materials, can be accessed at https://www.reginfo.gov/public/do/PRAMain.
3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
4. Pursuant to section 1762 of the Export Control Reform Act of
2018, this action is exempt from the Administrative Procedure Act (5
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity
for public participation, and delay in effective date.
5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:
PART 744--END-USE AND END-USER CONTROLS
0
1. The authority citation for part 744 is revised to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 7, 2023, 88 FR 62439 (September 11, 2023); Notice of
November 1, 2023, 88 FR 75475 (November 3, 2023).
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2. Supplement no. 4 is amended by:
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a. Under BURMA, adding entries in alphabetical order for ``Sky Aviator
Company Limited'' and ``Synepex Shwe Company Ltd.''
0
b. Under CHINA, PEOPLE'S REPUBLIC OF adding entries in alphabetical
order for ``Beijing Zhongdun Security Technology Group Co., Ltd.'' and
``Zhejiang Uniview Technologies Co., Ltd.;'' and
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c. Under RUSSIA, adding entries in alphabetical order for ``Aviasnab
LLC'', ``Joint Stock Company Gorizont'',
[[Page 99704]]
``NtechLab LLC'', and ``Technology Videoanalysis LLC''.
The additions read as follows:
Supplement No. 4 to Part 744--Entity List
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License review Federal Register
Country Entity License requirement policy citation
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Burma.................... * * * * * *
Sky Aviator Company Limited, a.k.a., the following four For all items Presumption of 89 FR [INSERT FR
aliases: subject to the denial. PAGE NUMBER] AND
--Sky Aviator Company Ltd.; EAR. (See Sec. December 11, 2024.
--Sky Aviator Co.; 744.11 of the EAR).
--Sky Aviator.; and
--Sky Aviator Co. Ltd.
No. (204/2), Myinthar 11th Street, 14/1 Ward, South Okkalarpa
Township, Yangon Region, Burma; and No. 286, Bogyoke Street,
Ward No. 2, Waibargi, North Okkalarpa Township, Yangon
Region, Burma.
* * * * * *
Synpex Shwe Company Ltd., a.k.a., the following one alias: For all items Presumption of 89 FR [INSERT FR
--SS Techniques Company Limited. subject to the denial. PAGE NUMBER] AND
Nat Yay Kann (1) Street, No.1259, (35) Quarter, North Dagon EAR. (See Sec. December 11, 2024.
Township, Yangon Region, Burma. 744.11 of the EAR).
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CHINA, PEOPLE'S REPUBLIC * * * * * *
OF.
Beijing Zhongdun Security Technology Group Co., Ltd., a.k.a , For all items Presumption of 89 FR [INSERT FR
the following one alias: subject to the denial. PAGE NUMBER] AND
--Beijing Zhongdun Security Technology Development Co. EAR. (See Sec. December 11, 2024.
No. 1, Shouti South Road, Haidian District, Beijing, China; 744.11 of the EAR).
and No. 1 Capital Gymnasium South Road, Beijing, China.
* * * * * *
Zhejiang Uniview Technologies Co., Ltd., a.k.a., the following For all items Presumption of 89 FR [INSERT FR
one alias: subject to the denial. PAGE NUMBER] AND
--Uniview. EAR. (See Sec. December 11, 2024.
No. 369, Xietong Road, Xixing Sub-district, Binjiang District, 744.11 of the EAR).
Hangzhou City, Zhejiang Province, 310051, China.
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RUSSIA................... * * * * *
Aviasnab LLC, Leningradskaya Street, Khimki, Moscow Region, For all items Presumption of 89 FR [INSERT FR
141400, Russia. subject to the denial. PAGE NUMBER] AND
EAR. (See Sec. December 11, 2024.
744.11 of the EAR).
* * * * * *
Joint Stock Company Gorizont, 2 ``J'' Omskaya Street, Rostov- For all items Presumption of 89 FR [INSERT FR
on-Don, 344068, Russia. subject to the denial. PAGE NUMBER] AND
EAR. (See Sec. December 11, 2024.
744.11 of the EAR).
* * * * * *
NtechLab LLC, a.k.a., the following two aliases: For all items Presumption of 89 FR [INSERT FR
--NtechLab; and subject to the denial. PAGE NUMBER] AND
--ntech lab. EAR. (See Sec. December 11, 2024.
Novolesnaya Ulitsa, Dom 2, Pomeshchenie 1/3, Moscow, 127055, 744.11 of the EAR).
Russia.
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Technology Videoanalysis LLC, a.k.a., the following two For all items Presumption of 89 FR [INSERT FR
aliases: subject to the denial. PAGE NUMBER] AND
--Tevian; and EAR. (See Sec. December 11, 2024.
--Technologii Videoanaliza. 744.11 of the EAR).
Skulptora Muchinoi Ulitsa, Dom 7, Floor 1 pomeshchenie II
komnata 2v, Moscow, 119634, Russia.
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[[Page 99705]]
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Matthew S. Borman,
Principal Deputy Assistant Secretary for Strategic Trade and Technology
Security.
[FR Doc. 2024-29136 Filed 12-10-24; 8:45 am]
BILLING CODE 3510-33-P