81 FR 64694 - Revisions to the Entity List
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 81, Issue 182 (September 20, 2016)
Bureau of Industry and Security
Federal Register Volume 81, Issue 182 (September 20, 2016)
| Page Range | 64694-64698 | |
| FR Document | 2016-21543 |
[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)] [Rules and Regulations] [Pages 64694-64698] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21543] [[Page 64693]] Vol. 81 Tuesday, No. 182 September 20, 2016 Part IV Department of Commerce ----------------------------------------------------------------------- Bureau of Industry and Security ----------------------------------------------------------------------- 15 CFR Parts 744 Revisions to the Entity List; Final Rule Federal Register / Vol. 81 , No. 182 / Tuesday, September 20, 2016 / Rules and Regulations [[Page 64694]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [160609506-6506-01] RIN 0694-AH00 Revisions to the Entity List AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends the Export Administration Regulations (EAR) by revising the license requirement to apply to all items subject to the EAR for twelve Chinese entities on the Entity List. These revisions are made in order to address national security concerns resulting from the removal of certain subparagraphs of Export Control Classification Numbers (ECCNs) 5A992, 5D992 and 5E992 that occurs in the 2015 Wassenaar Implementation rule, which is also published elsewhere in this issue of the Federal Register. This rule also brings the general Entity List license requirements, policies and procedures under a single section of the EAR to assist the public to better locate and comply with these regulations. DATES: This rule is effective September 20, 2016. FOR FURTHER INFORMATION CONTACT: For questions relating to the Entity List, please contact the Chair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, Email: ERC@bis.doc.gov. All other questions may be directed to Sharron Cook, Office of Exporter Services, Regulatory Policy Division: (202) 482-2440, Email: sharron.cook@bis.doc.gov. SUPPLEMENTARY INFORMATION: Background The Entity List (Supplement No. 4 to part 744) identifies entities and other persons reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. The EAR imposes additional license requirements on, and limits the availability of most license exceptions for, exports, reexports, and transfers (in-country) to those listed. The ``license requirement'' for each listed entity or person is identified in the License Requirement column on the Entity List. The impact on the availability of license exceptions is described in the Federal Register notice adding entities or other persons to the Entity List or to the extent specified within the entries on the Entity List. BIS places entities and other persons on the Entity List pursuant to sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR. The End-User Review Committee (ERC), composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List. Generally, the ERC makes all decisions to modify an entry by unanimous vote. The modifications in this Entity List rule are being made pursuant to the unanimous clearance of this rule by the Departments of Commerce, State, Defense and Energy. Revisions to the Entity List To maintain the level of national security warranted for certain encryption items, this rule revises the license requirements for twelve entities. The removal of ECCNs 5A992.a and .b, 5D992.a and .b and 5E992.a from the Commerce Control List (CCL) implemented in a separate rule entitled ``Wassenaar Arrangement 2015 Plenary Agreements Implementation, Removal of Foreign National Review Requirements, and Information Security Updates,'' also published in today's Federal Register, designates these encryption items as EAR99. To prevent these EAR99 encryption items from being exported, reexported or transferred to certain prohibited end users without a license, this rule revises the license requirements of twelve Chinese entities on the Entity List to ``all items subject to the EAR.'' Currently, the license requirements for each of the twelve entities exclude EAR99 items. With the publication of this rule, EAR99 items will be included in the scope of the license requirements for these entities. This rule revises the license requirements for the following twelve entities in China: 33 Institute, 35 Institute, 54th Research Institute of China, Baotou Guanghua Chemical Industrial Corporation, Beijing Aerospace Automatic Control Institute (BICD), Beijing Institute of Structure and Environmental Engineering (BISE), China Aerodynamics Research and Development Center (CARDC), Northwestern Polytechnical University, Shanghai Academy of Spaceflight Technology (SAST), Shanghai Institute of Space Power Sources, Southwest Research Institute of Electronics Technology, and Xi'an Research Institute of Navigation Technology. Consolidation of Entity List Regulatory Provisions This rule also reorganizes the information found in part 744 of the EAR in order to facilitate finding the regulations pertaining to the Entity List. The intent is to consolidate and not change any of existing requirements, procedures or policies. Specifically, this rule removes paragraph (c) from Sec. 744.1 and moves it to Sec. 744.16, in which Entity List license requirements, policies and procedures may now be found. While Section 1 of most parts of the EAR is used to explain what is included in the part, prior to this rule, Sec. 744.1 included general license requirements for the Entity List. While other sections in part 744 pertain to the criteria used to add specific entities on the Entity List, Sec. 744.16 will now be dedicated to general license requirements, license policies, license exception eligibility and other policies for the Entity List. Saving Clause 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 September 20, 2016, pursuant to actual orders for export, reexport or transfer (in-country) to a foreign destination, may proceed to that destination under the previous eligibility for a license exception or export, reexport or transfer (in-country) without a license (NLR). Export Administration Act Since August 21, 2001, the Export Administration Act of 1979, as amended, has been in lapse. However, the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of August 4, 2016, 81 FR 52587 (August 8, 2016), has continued the EAR in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). BIS continues to carry out the provisions of the Export Administration Act, as appropriate and to the extent permitted by law, pursuant to Executive Order 13222 as amended by Executive Order 13637. Rulemaking Requirements 1. Executive Orders 13563 and 12866 direct agencies to assess all costs and [[Page 64695]] benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to not be significant for purposes of Executive Order 12866. 2. Notwithstanding any other provision of law, no person is required to respond to nor be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This regulation involves collections previously approved by OMB under control number 0694-0088, Simplified Network Application Processing System, which includes, among other things, license applications and carries a burden estimate of 43.8 minutes for a manual or electronic submission. Total burden hours associated with the PRA and OMB control number 0694-0088 are not expected to increase as a result of this rule. You may send comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by email to Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395-7285. 3. This rule does not contain policies with Federalism implications as that term is defined in Executive Order 13132. 4. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public comment and a delay in effective date are inapplicable because this regulation involves a military or foreign affairs function of the United States. (See 5 U.S.C. 553(a)(1)). BIS implements this rule to protect U.S. national security or foreign policy interests by rationalizing and harmonizing controls for better compliance, administration, and enforcement of items being exported, reexported, or transferred (in-country) to the persons on the Entity List. If this rule were delayed to allow for notice and comment and a delay in effective date, EAR99 items would continue to be exported, reexported and transferred (in-country) without a license to persons or entities on the Entity List, contrary to the national security or foreign policy interests of the United States. Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this rule. 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. 5. For the revisions to Section 744.16, the Department finds there is good cause under 5 U.S.C. 553(b)(3)(B) to waive the provisions of the Administrative Procedure Act requiring prior notice and the opportunity for public comment to the provision of this rule, because the provisions have not been changed, but consolidated into one section so that these provisions may be more easily found in the EAR. Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this rule. 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 through 774) is amended as follows: PART 744--[AMENDED] 0 1. The authority citation for 15 CFR part 744 continues to read as follows: Authority: 50 U.S.C. 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. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of September 18, 2015, 80 FR 57281 (September 22, 2015); Notice of November 12, 2015, 80 FR 70667 (November 13, 2015); Notice of January 20, 2016, 81 FR 3937 (January 22, 2016); Notice of August 4, 2016, 81 FR 52587 (August 8, 2016). 0 2. Section 744.1 is amended by revising the twelfth sentence in paragraph (a)(1) and by removing paragraph (c). The revision reads as follows: Sec. 744.1 General provisions. (a)(1) * * * Section 744.16 sets forth the license requirements, policies and procedures for the Entity List. * * * * * * * * 0 3. Section 744.16 is revised to read as follows: Sec. 744.16 Entity List. The Entity List (Supplement No. 4 to part 744) identifies persons reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. The entities are added to the Entity List pursuant to sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR. (a) License requirements. The public is hereby informed that in addition to the license requirements for items specified on the Commerce Control List (CCL), you may not export, reexport, or transfer (in-country) items specified on the Entity List to listed entities without a license from BIS. 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. (b) License exceptions. No license exceptions are available for exports, reexports or transfers (in-country) to listed entities of specified items, except license exceptions for items listed in Sec. 740.2(a)(5) of the EAR destined to listed Indian or Pakistani entities to ensure the safety of civil aviation and safe operation of commercial passenger aircraft, and in the case of entities added to the Entity List pursuant to Sec. 744.20, to the extent specified on the Entity List. (c) License review policy--(1) General review policy. The license review policy for each listed entity is identified in the License Review Policy column on the Entity List. (d) The End-User Review Committee (ERC). The End-User Review Committee (ERC), composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, generally makes decisions regarding additions to, removals from, or other modifications to the Entity List. [[Page 64696]] (e) Removal or modification requests. Any entity listed on the Entity List may request that its listing be removed or modified. All such requests, including reasons therefor, must be in writing and sent to: Chair, End-User Review Committee, Bureau of Industry and Security, U.S. Department of Commerce, 14th Street and Pennsylvania Avenue NW., Room 3886, Washington, DC 20230. (1) Review. The ERC will review such requests in accordance with the procedures set forth in Supplement No. 5 to this part. (2) BIS action. The Deputy Assistant Secretary for Export Administration will convey the decision on the request to the requester in writing. That decision will be the final agency action on the request. 0 4. In Supplement No. 4 to part 744, under ``China, People's Republic of,'' revise the entries for the following entities: 0 a. 33 Institute; 0 b. 35 Institute; 0 c. 54th Research Institute of China; 0 d. Baotou Guanghua Chemical Industrial Corporation; 0 e. Beijing Aerospace Automatic Control Institute (BICD); 0 f. Beijing Institute of Structure and Environmental Engineering (BISE); 0 g. China Aerodynamics Research and Development Center (CARDC); 0 h. Northwestern Polytechnical University; 0 i. Shanghai Academy of Spaceflight Technology (SAST); 0 j. Shanghai Institute of Space Power Sources; 0 k. Southwest Research Institute of Electronics Technology; and 0 l. Xi'an Research Institute of Navigation Technology. The revisions read as follows: Supplement No. 4 to Part 744--Entity List ---------------------------------------------------------------------------------------------------------------- License review Federal Register Country Entity License requirement policy citation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- CHINA, PEOPLE'S * * * * * * REPUBLIC OF 33 Institute, a.k.a., the For all items See Sec. 66 FR 24266, 5/14/ following three aliases: subject to the 744.3(d) of this 01. --Beijing Automation Control EAR. part. 75 FR 78883, 12/ Equipment Institute 17/10. (BACEI); 77 FR 58006, 9/19/ --Beijing Institute of 12. Automatic Control 81 FR [INSERT FR Equipment, China Haiying PAGE NUMBER 9/20/ Electromechanical 16. Technology Academy; and --No. 33 Research Institute of the Third Academy of China Aerospace Science and Industry Corp (CASIC): Yungang, Fengtai District, Beijing 35 Institute, a.k.a., the For all items See Sec. 66 FR 24266, 5/14/ following four aliases: subject to the 744.3(d) of this 01. --Beijing Hangxing Machine EAR. part. 75 FR 78883, 12/ Building Corporation; 17/10. --Beijing Huahang Radio 77 FR 58006, 9/19/ Measurements Research 12. Institute, China Haiying 81 FR [INSERT FR Electronic Mechanical PAGE NUMBER 9/20/ Technical Research Academy; 16. --Huahang Institute of Radio Measurement; and --No. 35 Research Institute of the Third Academy of China Aerospace Science and Industry Corp (CASIC): 54th Research Institute of For all items See Sec. 66 FR 24266, 5/14/ China, a.k.a., the subject to the 744.3(d) of this 01. following three aliases: EAR. part. 75 FR 78883, 12/ --China Electronics 17/10. Technology Group Corp. 77 FR 58006, 9/19/ (CETC) 54th Research 12. Institute; 81 FR [INSERT FR --Communication, Telemetry PAGE NUMBER 9/20/ and Telecontrol Research 16. Institute (CTI); and --Shijiazhuang Communication Observation and Control Technology Institute. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Baotou Guanghua Chemical For all items See Sec. 66 FR 24266, 5/14/ Industrial Corporation subject to the 744.2(d) of this 01 (Parent Organization: China EAR. part. 75 FR 78883, 12/ National Nuclear Group 17/10. Corporation (CNNC)), 81 FR [INSERT FR a.k.a., the following five PAGE NUMBER 9/20/ aliases: 16. --202 Plant, Baotou Nuclear Energy Facility; --Baotou Guanghua Chemical Industrial Corporation; [[Page 64697]] --Baotou Guanghua Chemical Industry Company; --Baotou Nuclear Fuel Element Plant; and --China Nuclear Baotou Guanghua Chemical Industry Company. 202 Factory Baotou, Inner Mongolia. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Beijing Aerospace Automatic For all items See Sec. 744.3 64 FR 28909, 5/28/ Control Institute (BICD), subject to the of this part. 99. a.k.a., the following four EAR. 75 FR 78883, 12/ aliases: 17/10. --12th Research Institute 77 FR 58006, 9/19/ China Academy of Launch 12. Vehicle Technology (CALT); 81 FR [INSERT FR --Beijing Institute of Space PAGE NUMBER 9/20/ Automatic Control; 16. --Beijing Spaceflight Autocontrol Research Institute; and --China Aerospace Science and Technology Corp First Academy 12th Research Institute. 51 Yong Ding Road, Beijing; and No. 50 Yongding Road, Haidian District, Beijing, China, 100854. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Beijing Institute of For all items See Sec. 744.3 64 FR 28909, 5/28/ Structure and Environmental subject to the of this part. 99 Engineering (BISE), a.k.a., EAR. 75 FR 78877, 12/ the following two aliases: 17/10. --702nd Research Institute, 81 FR [INSERT FR China Academy of Launch PAGE NUMBER 9/20/ Vehicle Technology (CALT); 16. and --Beijing Institute of Strength and Environmental Engineering No. 30 Wanyuan Road, Beijing. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- China Aerodynamics Research For all items See Sec. 744.3 64 FR 28910, 5/28/ and Development Center subject to the of this part. 99. (CARDC). EAR. 81 FR [INSERT FR Sichuan Province. PAGE NUMBER 9/20/ 16. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Northwestern Polytechnical For all items See Sec. 66 FR 24266, 5/14/ University, a.k.a., the subject to the 744.3(d) of this 01. following three aliases: EAR. part. 75 FR 78883, 12/ --Northwestern Polytechnic 17/10. University; 77 FR 58006, 9/19/ --Northwest Polytechnic 12. University; and 881 FR [INSERT FR --Northwest Polytechnical PAGE NUMBER 9/20/ University. 16. 127 Yonyi Xilu, Xi'an 71002 Shaanxi, China; and Youyi Xi Lu, Xi'an, Shaanxi, China; and No. 1 Bianjia Cun, Xi'an; and West Friendship Rd. 59, Xi'an; and 3 10 W Apt 3, Xi'an. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Shanghai Academy of For all items See Sec. 744.3 64 FR 28909, 5/28/ Spaceflight Technology subject to the of this part. 99. (SAST), a.k.a., the EAR. 75 FR 78877, 12/ following four aliases: 17/10. --8th Research Academy of 81 FR [INSERT FR China Aerospace; PAGE NUMBER 9/20/ --Shanghai Astronautics 16. Industry Bureau; [[Page 64698]] --Shanghai Bureau of Astronautics (SHBOA); and --Shanghai Bureau of Space. Shanghai, Spaceflight Tower, 222 Cao Xi Road, Shanghai, 200233: Shanghai Institute of Space For all items See Sec. 744.3 64 FR 28909, 5/28/ Power Sources, a.k.a., the subject to the of this part. 99. following three aliases: EAR. 75 FR 78883, 12/ --811th Research Institute, 17/10. 8th Academy, China 77 FR 58006, 9/19/ Aerospace Science and 12. Technology Corp. (CASC); 81 FR [INSERT FR --Shanghai Space Energy PAGE NUMBER 9/20/ Research Institute; and 16. --Shanghai Space Power Supply Research Institute. 388 Cang Wu Road, Shanghai; and Dongchuan Rd., 2965 Shanghai. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Southwest Research Institute For all items See Sec. 66 FR 24267, 5/14/ of Electronics Technology, subject to the 744.3(d) of this 01. a.k.a., the following three EAR. part. 75 FR 78883, 12/ aliases: 17/10. --10th Research Institute of 77 FR 58006, 9/19/ China Electronic Technology 12. Group Corp (CETC); 81 FR [INSERT FR --CETC 10th Research PAGE NUMBER 9/20/ Institute; and 16. --Southwest Institute of Electronic Technology (SWIET); No. 6 Yong Xin Street, Chengdu; and No. 90 Babao Street, Chengdu; and 48 Chadianzi Street East, Jinniu District, Chengdu, 610036. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Xi'an Research Institute of For all items See Sec. 66 FR 24267, 5/14/ Navigation Technology, subject to the 744.3(d) of this 01. a.k.a., the following two EAR. part. 75 FR 78883, 12/ aliases: 17/10. --20th Research Institute of 77 FR 58006, 9/19/ China Electronic Technology 12. Group Corp (CETC); and 81 FR [INSERT FR --CETC 20th Research PAGE NUMBER 9/20/ Institute 16. 1 Baisha Rd., Xi'an, Shaanxi. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Dated: September 1, 2016. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2016-21543 Filed 9-19-16; 8:45 am] BILLING CODE 3510-33-P
![64694 Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations
DEPARTMENT OF COMMERCE availability of license exceptions is Technology, and Xi’an Research
described in the Federal Register notice Institute of Navigation Technology.
Bureau of Industry and Security adding entities or other persons to the
Consolidation of Entity List Regulatory
Entity List or to the extent specified
15 CFR Part 744 Provisions
within the entries on the Entity List. BIS
places entities and other persons on the This rule also reorganizes the
[160609506–6506–01]
Entity List pursuant to sections of part information found in part 744 of the
RIN 0694–AH00 744 (Control Policy: End-User and End- EAR in order to facilitate finding the
Use Based) and part 746 (Embargoes and regulations pertaining to the Entity List.
Revisions to the Entity List Other Special Controls) of the EAR. The intent is to consolidate and not
AGENCY: Bureau of Industry and The End-User Review Committee change any of existing requirements,
Security, Commerce. (ERC), composed of representatives of procedures or policies. Specifically, this
the Departments of Commerce (Chair), rule removes paragraph (c) from § 744.1
ACTION: Final rule.
State, Defense, Energy and, where and moves it to § 744.16, in which
SUMMARY: This final rule amends the appropriate, the Treasury, makes all Entity List license requirements,
Export Administration Regulations decisions regarding additions to, policies and procedures may now be
(EAR) by revising the license removals from, or other modifications to found. While Section 1 of most parts of
requirement to apply to all items subject the Entity List. Generally, the ERC the EAR is used to explain what is
to the EAR for twelve Chinese entities makes all decisions to modify an entry included in the part, prior to this rule,
on the Entity List. These revisions are by unanimous vote. The modifications § 744.1 included general license
made in order to address national in this Entity List rule are being made requirements for the Entity List. While
security concerns resulting from the pursuant to the unanimous clearance of other sections in part 744 pertain to the
removal of certain subparagraphs of this rule by the Departments of criteria used to add specific entities on
Export Control Classification Numbers Commerce, State, Defense and Energy. the Entity List, § 744.16 will now be
(ECCNs) 5A992, 5D992 and 5E992 that Revisions to the Entity List dedicated to general license
occurs in the 2015 Wassenaar requirements, license policies, license
Implementation rule, which is also To maintain the level of national exception eligibility and other policies
published elsewhere in this issue of the security warranted for certain for the Entity List.
encryption items, this rule revises the
Federal Register. This rule also brings Saving Clause
license requirements for twelve entities.
the general Entity List license
The removal of ECCNs 5A992.a and .b, Shipments of items removed from
requirements, policies and procedures
5D992.a and .b and 5E992.a from the eligibility for a License Exception or
under a single section of the EAR to
Commerce Control List (CCL) export, reexport or transfer (in-country)
assist the public to better locate and
implemented in a separate rule entitled without a license (NLR) as a result of
comply with these regulations.
‘‘Wassenaar Arrangement 2015 Plenary this regulatory action that were en route
DATES: This rule is effective September Agreements Implementation, Removal aboard a carrier to a port of export,
20, 2016. of Foreign National Review reexport or transfer (in-country), on
FOR FURTHER INFORMATION CONTACT: For Requirements, and Information Security September 20, 2016, pursuant to actual
questions relating to the Entity List, Updates,’’ also published in today’s orders for export, reexport or transfer
please contact the Chair, End-User Federal Register, designates these (in-country) to a foreign destination,
Review Committee, Office of the encryption items as EAR99. To prevent may proceed to that destination under
Assistant Secretary, Export these EAR99 encryption items from the previous eligibility for a license
Administration, Bureau of Industry and being exported, reexported or exception or export, reexport or transfer
Security, Department of Commerce, transferred to certain prohibited end (in-country) without a license (NLR).
Phone: (202) 482–5991, Fax: (202) 482– users without a license, this rule revises
3911, Email: ERC@bis.doc.gov. All other the license requirements of twelve Export Administration Act
questions may be directed to Sharron Chinese entities on the Entity List to Since August 21, 2001, the Export
Cook, Office of Exporter Services, ‘‘all items subject to the EAR.’’ Administration Act of 1979, as
Regulatory Policy Division: (202) 482– Currently, the license requirements for amended, has been in lapse. However,
2440, Email: sharron.cook@bis.doc.gov. each of the twelve entities exclude the President, through Executive Order
SUPPLEMENTARY INFORMATION: EAR99 items. With the publication of 13222 of August 17, 2001, 3 CFR, 2001
this rule, EAR99 items will be included Comp., p. 783 (2002), as amended by
Background in the scope of the license requirements Executive Order 13637 of March 8,
The Entity List (Supplement No. 4 to for these entities. This rule revises the 2013, 78 FR 16129 (March 13, 2013),
part 744) identifies entities and other license requirements for the following and as extended by the Notice of August
persons reasonably believed to be twelve entities in China: 33 Institute, 35 4, 2016, 81 FR 52587 (August 8, 2016),
involved, or to pose a significant risk of Institute, 54th Research Institute of has continued the EAR in effect under
being or becoming involved, in China, Baotou Guanghua Chemical the International Emergency Economic
activities contrary to the national Industrial Corporation, Beijing Powers Act (50 U.S.C. 1701 et seq.). BIS
security or foreign policy interests of the Aerospace Automatic Control Institute continues to carry out the provisions of
United States. The EAR imposes (BICD), Beijing Institute of Structure and the Export Administration Act, as
additional license requirements on, and Environmental Engineering (BISE), appropriate and to the extent permitted
sradovich on DSK3GMQ082PROD with RULES3
limits the availability of most license China Aerodynamics Research and by law, pursuant to Executive Order
exceptions for, exports, reexports, and Development Center (CARDC), 13222 as amended by Executive Order
transfers (in-country) to those listed. Northwestern Polytechnical University, 13637.
The ‘‘license requirement’’ for each Shanghai Academy of Spaceflight
listed entity or person is identified in Technology (SAST), Shanghai Institute Rulemaking Requirements
the License Requirement column on the of Space Power Sources, Southwest 1. Executive Orders 13563 and 12866
Entity List. The impact on the Research Institute of Electronics direct agencies to assess all costs and
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![Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations 64695
benefits of available regulatory (in-country) without a license to persons 13, 2015); Notice of January 20, 2016, 81 FR
alternatives and, if regulation is or entities on the Entity List, contrary to 3937 (January 22, 2016); Notice of August 4,
necessary, to select regulatory the national security or foreign policy 2016, 81 FR 52587 (August 8, 2016).
approaches that maximize net benefits interests of the United States. Further, ■ 2. Section 744.1 is amended by
(including potential economic, no other law requires that a notice of revising the twelfth sentence in
environmental, public health and safety proposed rulemaking and an paragraph (a)(1) and by removing
effects, distributive impacts, and opportunity for public comment be paragraph (c).
equity). Executive Order 13563 given for this rule. Because a notice of The revision reads as follows:
emphasizes the importance of proposed rulemaking and an
quantifying both costs and benefits, of opportunity for public comment are not § 744.1 General provisions.
reducing costs, of harmonizing rules, required to be given for this rule by 5 (a)(1) * * * Section 744.16 sets forth
and of promoting flexibility. This rule U.S.C. 553, or by any other law, the the license requirements, policies and
has been determined to not be analytical requirements of the procedures for the Entity List. * * *
significant for purposes of Executive Regulatory Flexibility Act, 5 U.S.C. 601 * * * * *
Order 12866. et seq., are not applicable. Accordingly, ■ 3. Section 744.16 is revised to read as
2. Notwithstanding any other no regulatory flexibility analysis is
provision of law, no person is required follows:
required and none has been prepared.
to respond to nor be subject to a penalty 5. For the revisions to Section 744.16, § 744.16 Entity List.
for failure to comply with a collection the Department finds there is good The Entity List (Supplement No. 4 to
of information, subject to the cause under 5 U.S.C. 553(b)(3)(B) to part 744) identifies persons reasonably
requirements of the Paperwork waive the provisions of the believed to be involved, or to pose a
Reduction Act of 1995 (44 U.S.C. 3501 Administrative Procedure Act requiring significant risk of being or becoming
et seq.) (PRA), unless that collection of prior notice and the opportunity for involved, in activities contrary to the
information displays a currently valid public comment to the provision of this national security or foreign policy
Office of Management and Budget rule, because the provisions have not interests of the United States. The
(OMB) Control Number. This regulation been changed, but consolidated into one entities are added to the Entity List
involves collections previously section so that these provisions may be pursuant to sections of part 744 (Control
approved by OMB under control more easily found in the EAR. Further, Policy: End-User and End-Use Based)
number 0694–0088, Simplified Network no other law requires that a notice of and part 746 (Embargoes and Other
Application Processing System, which proposed rulemaking and an Special Controls) of the EAR.
includes, among other things, license opportunity for public comment be (a) License requirements. The public
applications and carries a burden given for this rule. Because a notice of
estimate of 43.8 minutes for a manual or is hereby informed that in addition to
proposed rulemaking and an the license requirements for items
electronic submission. Total burden opportunity for public comment are not
hours associated with the PRA and specified on the Commerce Control List
required to be given for this rule by 5 (CCL), you may not export, reexport, or
OMB control number 0694–0088 are not U.S.C. 553, or by any other law, the
expected to increase as a result of this transfer (in-country) items specified on
analytical requirements of the the Entity List to listed entities without
rule. You may send comments regarding Regulatory Flexibility Act, 5 U.S.C. 601
the collection of information associated a license from BIS. The specific license
et seq., are not applicable. Accordingly, requirement for each listed entity is
with this rule, including suggestions for no regulatory flexibility analysis is
reducing the burden, to Jasmeet K. identified in the license requirement
required and none has been prepared. column on the Entity List in
Seehra, Office of Management and
Budget (OMB), by email to Jasmeet_K._ List of Subjects in 15 CFR Part 744 Supplement No. 4 to this part.
Seehra@omb.eop.gov, or by fax to (202) (b) License exceptions. No license
Exports, Reporting and recordkeeping exceptions are available for exports,
395–7285. requirements, Terrorism.
3. This rule does not contain policies reexports or transfers (in-country) to
Accordingly, part 744 of the Export listed entities of specified items, except
with Federalism implications as that
Administration Regulations (15 CFR license exceptions for items listed in
term is defined in Executive Order
parts 730 through 774) is amended as § 740.2(a)(5) of the EAR destined to
13132.
4. The provisions of the follows: listed Indian or Pakistani entities to
Administrative Procedure Act (5 U.S.C. ensure the safety of civil aviation and
PART 744—[AMENDED]
553) requiring notice of proposed safe operation of commercial passenger
rulemaking, the opportunity for public ■ 1. The authority citation for 15 CFR aircraft, and in the case of entities added
comment and a delay in effective date part 744 continues to read as follows: to the Entity List pursuant to § 744.20,
are inapplicable because this regulation to the extent specified on the Entity List.
Authority: 50 U.S.C. 4601 et seq.; 50
involves a military or foreign affairs U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
(c) License review policy—(1) General
function of the United States. (See 5 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 review policy. The license review policy
U.S.C. 553(a)(1)). BIS implements this U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, for each listed entity is identified in the
rule to protect U.S. national security or 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, License Review Policy column on the
foreign policy interests by rationalizing 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 Entity List.
and harmonizing controls for better FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. (d) The End-User Review Committee
compliance, administration, and 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. (ERC). The End-User Review Committee
sradovich on DSK3GMQ082PROD with RULES3
enforcement of items being exported, 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 (ERC), composed of representatives of
reexported, or transferred (in-country) to Comp., p. 228; E.O. 13099, 63 FR 45167, 3 the Departments of Commerce (Chair),
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
the persons on the Entity List. If this 44025, 3 CFR, 2001 Comp., p. 783; E.O.
State, Defense, Energy and, where
rule were delayed to allow for notice 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. appropriate, the Treasury, generally
and comment and a delay in effective 786; Notice of September 18, 2015, 80 FR makes decisions regarding additions to,
date, EAR99 items would continue to be 57281 (September 22, 2015); Notice of removals from, or other modifications to
exported, reexported and transferred November 12, 2015, 80 FR 70667 (November the Entity List.
VerDate Sep<11>2014 18:12 Sep 19, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER3.SGM 20SER3](https://thefederalregister.org/doc/81_FR_64876/page/2.svg)
![64698 Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations
Country Entity License requirement License review policy Federal Register citation
—Shanghai Bureau of Astronautics
(SHBOA); and
—Shanghai Bureau of Space.
Shanghai, Spaceflight Tower, 222 Cao
Xi Road, Shanghai, 200233:
Shanghai Institute of Space Power For all items subject to See § 744.3 of this part .... 64 FR 28909, 5/28/99.
Sources, a.k.a., the following three the EAR. 75 FR 78883, 12/17/10.
aliases: 77 FR 58006, 9/19/12.
—811th Research Institute, 8th Acad- 81 FR [INSERT FR PAGE
emy, China Aerospace Science and NUMBER 9/20/16.
Technology Corp. (CASC);
—Shanghai Space Energy Research
Institute; and
—Shanghai Space Power Supply Re-
search Institute.
388 Cang Wu Road, Shanghai; and
Dongchuan Rd., 2965 Shanghai.
* * * * * * *
Southwest Research Institute of Elec- For all items subject to See § 744.3(d) of this part 66 FR 24267, 5/14/01.
tronics Technology, a.k.a., the fol- the EAR. 75 FR 78883, 12/17/10.
lowing three aliases: 77 FR 58006, 9/19/12.
—10th Research Institute of China 81 FR [INSERT FR PAGE
Electronic Technology Group Corp NUMBER 9/20/16.
(CETC);
—CETC 10th Research Institute; and
—Southwest Institute of Electronic
Technology (SWIET);
No. 6 Yong Xin Street, Chengdu; and
No. 90 Babao Street, Chengdu; and
48 Chadianzi Street East, Jinniu Dis-
trict, Chengdu, 610036.
* * * * * * *
Xi’an Research Institute of Navigation For all items subject to See § 744.3(d) of this part 66 FR 24267, 5/14/01.
Technology, a.k.a., the following two the EAR. 75 FR 78883, 12/17/10.
aliases: 77 FR 58006, 9/19/12.
—20th Research Institute of China 81 FR [INSERT FR PAGE
Electronic Technology Group Corp NUMBER 9/20/16.
(CETC); and
—CETC 20th Research Institute
1 Baisha Rd., Xi’an, Shaanxi.
* * * * * * *
Dated: September 1, 2016.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2016–21543 Filed 9–19–16; 8:45 am]
BILLING CODE 3510–33–P
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Document Created: 2018-02-09 13:20:06
Document Modified: 2018-02-09 13:20:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective September 20, 2016. | |
| Contact | For questions relating to the Entity List, please contact the Chair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, Email: [email protected] All other questions may be directed to Sharron Cook, Office of Exporter Services, Regulatory Policy Division: (202) 482-2440, Email: [email protected] | |
| FR Citation | 81 FR 64694 | |
| RIN Number | 0694-AH00 | |
| CFR Associated | Exports; Reporting and Recordkeeping Requirements and Terrorism |
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