[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Rules and Regulations]
[Pages 9389-9391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03193]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 230209-0041]
RIN 0694-AJ14


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 six entities to 
the Entity List, under the destination of the People's Republic of 
China (China). These six 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 on February 10, 2023.

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 (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 impose additional license requirements on, and limit 
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 listed entity is 
identified in the ``License Review Policy'' column on the Entity List, 
and the impact on the availability of license exceptions is described 
in the relevant Federal Register document that added the entity to the 
Entity List. The Bureau of Industry and Security (BIS) places entities 
on the Entity List pursuant to part 744 (Control Policy: End-User and 
End-Use Based) and part 746 (Embargoes and Other Special Controls) of 
the EAR.
    The End-User Review Committee (ERC), composed of representatives of 
the Departments of Commerce (Chair), State, Defense, Energy and, where 
appropriate, the Treasury, makes all decisions regarding additions to, 
removals from, or other modifications to the Entity List. The ERC makes 
all decisions to add an entry to the Entity List by majority vote and 
makes all decisions to remove or modify an entry by unanimous vote.

Entity List Decisions

A. Additions to the Entity List

    The ERC determined to add Beijing Nanjiang Aerospace Technology 
Co., Ltd.; China Electronics Technology Group Corporation 48th Research 
Institute; Dongguan Lingkong Remote Sensing Technology Co., Ltd.; 
Eagles Men Aviation Science and Technology Group Co., Ltd. (EMAST); 
Guangzhou Tian-Hai-Xiang Aviation Technology Co., Ltd.; and Shanxi 
Eagles Men Aviation Science and Technology Group Co., Ltd. all under 
the destination of China, to the Entity List. These entities are being 
added for their support to China's military modernization efforts, 
specifically the People's Liberation Army's (PLA) aerospace programs 
including airships and balloons and related materials and components. 
The PLA is utilizing High Altitude Balloons (HAB) for intelligence and 
reconnaissance activities. This activity is contrary to U.S. national 
security and foreign policy interests under Sec.  744.11 of the EAR. 
For these six entities, BIS imposes a license requirement for all items 
subject to the EAR and will review license applications under a 
presumption of denial.
    For the reasons described above, this final rule adds the following 
six entities to the Entity List and includes, where appropriate, 
aliases:

China

     Beijing Nanjiang Aerospace Technology Co., Ltd.;
     China Electronics Technology Group Corporation 48th 
Research Institute;
     Dongguan Lingkong Remote Sensing Technology Co., Ltd.;
     Eagles Men Aviation Science and Technology Group Co., Ltd. 
(EMAST);
     Guangzhou Tian-Hai-Xiang Aviation Technology Co., Ltd.; 
and
     Shanxi Eagles Men Aviation Science and Technology Group 
Co., Ltd.

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 February 10, 2023, 
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 March 13, 2023. Any such items not actually exported, reexported 
or transferred (in-country) before midnight, on March 13, 2023, 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.

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

[[Page 9390]]

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--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. 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 19, 2022, 87 FR 57569 (September 21, 2022); Notice of 
November 8, 2022, 87 FR 68015 (November 10, 2022).


0
2. Supplement no. 4 to part 744 is amended under CHINA, PEOPLE'S 
REPUBLIC OF by adding, in alphabetical order, entries for ``Beijing 
Nanjiang Aerospace Technology Co., Ltd.''; ``China Electronics 
Technology Group Corporation 48th Research Institute''; ``Dongguan 
Lingkong Remote Sensing Technology Co., Ltd.''; ``Eagles Men Aviation 
Science and Technology Group Co., Ltd.''; ``Guangzhou Tian-Hai-Xiang 
Aviation Technology Co., Ltd.''; and ``Shanxi Eagles Men Aviation 
Science and Technology Group Co., Ltd.'' to 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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                                                  * * * * * * *
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CHINA, PEOPLE'S                                                 * * * * * *
 REPUBLIC OF.
                         Beijing Nanjiang Aerospace    For all items        Presumption of     88 FR [INSERT FR
                          Technology Co., Ltd., Room    subject to the       denial.            PAGE NUMBER AND
                          1104-2, Floor 11, Building    EAR. (See Sec.                          2/14/2023.
                          2, No. 19-1, Haidian Road,    744.11 of the
                          Haidian District, Beijing,    EAR).
                          China; and Room 813, Floor
                          8, Building 2, No. 19-1
                          Haidian Road, Haidian
                          District, Beijing, China.
                                                                * * * * * *
                         China Electronics Technology  For all items        Presumption of     88 FR [INSERT FR
                          Group Corporation 48th        subject to the       denial.            PAGE NUMBER AND
                          Research Institute, a.k.a.,   EAR. (See Sec.                          2/14/2023.
                          the following one alias:      744.11 of the
                         --CETC 48 Institute.           EAR).
                         No. 1025, Xinkaipu Road,
                          Tianxin District, Changsha
                          City, Hunan, China.
                                                                * * * * * *
                         Dongguan Lingkong Remote      For all items        Presumption of     88 FR [INSERT FR
                          Sensing Technology Co.,       subject to the       denial.            PAGE NUMBER AND
                          Ltd., a.k.a., the following   EAR. (See Sec.                          2/14/2023.
                          one alias:                    744.11 of the
                         --Dongguan Lingkong Yaogan     EAR).
                          Technology Co., Ltd.
                         Building 6, Dongfeng Science
                          and Technology Park,
                          Songshan Lake, Dongguan
                          City, Guangdong Province,
                          China.
                                                                * * * * * *
                         Eagles Men Aviation Science   For all items        Presumption of     88 FR [INSERT FR
                          and Technology Group Co.,     subject to the       denial.            PAGE NUMBER AND
                          Ltd., a.k.a., the following   EAR. (See Sec.                          2/14/2023.
                          two aliases:                  744.11 of the
                         --Beijing Yige Siman           EAR).
                          Aviation Technology Group
                          Co., Ltd.; and
                         --EMAST.
                         Room 1113, No. 1 Zhichun
                          Road, Haidian District,
                          Beijing, China; and Room
                          314, 3rd Floor, Block C,
                          Zhizao Street,
                          Zhongguancun, No. 45
                          Chengfu Road, Haidian
                          District, Beijing, China;
                          and Eagles Men Building,
                          No. 7 Wande Zhihui Center,
                          Changping District,
                          Beijing, China.
                                                                * * * * * *
                         Guangzhou Tian-Hai-Xiang      For all items        Presumption of     88 FR [INSERT FR
                          Aviation Technology Co.,      subject to the       denial.            PAGE NUMBER AND
                          Ltd., a.k.a., the following   EAR. (See Sec.                          2/14/2023.
                          two aliases:                  744.11 of the
                         --Guangzhou Tianhaixiang       EAR).
                          Aviation Technology Co.,
                          Ltd.; and
                         --THX Aviation.

[[Page 9391]]

 
                         1st Floor, Building 6, No.
                          4, Erheng Road, Second
                          District, Jiangnan
                          Industrial Zone, Nancun
                          Town, Panyu District,
                          Guangzhou, China.
                                                                * * * * * *
                         Shanxi Eagles Men Aviation    For all items        Presumption of     88 FR [INSERT FR
                          Science and Technology        subject to the       denial.            PAGE NUMBER AND
                          Group Co., Ltd., a.k.a.,      EAR. (See Sec.                          2/14/2023.
                          the following two aliases:    744.11 of the
                         --Shanxi Yige Siman Aviation   EAR).
                          Technology Group Co., Ltd.;
                          and
                         --Shanxi EMAST.
                         Zhaidian Industrial Park,
                          Changzhi High-tech Zone,
                          Shanxi Province, China.
                                                                * * * * * *
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Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-03193 Filed 2-10-23; 4:15 pm]
BILLING CODE 3510-33-P