[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76128-76131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24508]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 231101-0257]
RIN 0694-AJ44


Entity List Additions

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 13 entities to 
the Entity List under the destinations of Russia (12), and Uzbekistan 
(1). 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 November 2, 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 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 Aeroscan Limited Liability Company; 
Alfakomponent; BIC-Inform LLC; Hartis DV LLC; ID Solution LLC; OOO OMP; 
Orelmetallpolimer LLC; Spel LLC; Spetstehnotreyd LLC; STC Orion LLC; 
Technical Center Windeq LLC; and ZALA Aero Group, all under the 
destination of Russia; and Mvizion LLC, under the destination of 
Uzbekistan, to the Entity List. These entities are added for supporting 
Russia's military through the procurement, development, and 
proliferation of Russian unmanned aerial vehicles (UAVs). This activity 
is contrary to the national security and foreign policy interests of 
the United States under Sec.  744.11(b) and these entities qualify as 
military end users under Sec. Sec.  744.21(e), 744.21(g), and 746.8(b) 
of the EAR. These entities are receiving a footnote 3 designation 
because the ERC has determined that they are Russian or Belarusian 
`military end users' pursuant to Sec.  744.21. A footnote 3 designation 
subjects these entities to the Russia/Belarus-Military End User Foreign 
Direct Product (FDP) rule, detailed in Sec.  734.9(g). The entities are 
added with a license requirement for all items subject to the EAR and a 
license review policy of denial for all items subject to the EAR apart 
from food and medicine designated as EAR99, which will be reviewed on a 
case-by-case basis.
    For the reasons described above, this final rule adds the following 
13 entities, including aliases where appropriate, to the Entity List:

Russia

     Aeroscan Limited Liability Company;
     Alfakomponent;
     BIC-Inform LLC;
     Hartis DV LLC;
     ID Solution LLC;
     OOO OMP;
     Orelmetallpolimer LLC;
     Spel LLC;
     Spetstehnotreyd LLC;
     STC Orion LLC;
     Technical Center Windeq LLC; and
     ZALA Aero Group.

Uzbekistan

     Mvizion 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 November 2, 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 December 4, 2023. Any such items not actually exported, 
reexported or transferred (in-country) before midnight, on November 2, 
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 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.

[[Page 76129]]

    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 November 8, 2022, 87 FR 68015, 3 CFR, 2022 Comp., p. 563; Notice 
of September 7, 2023, 88 FR 62439 (September 11, 2023).


0
2. Supplement no. 4 is amended:
0
a. Under RUSSIA by adding, in alphabetical order, entries for 
``Aeroscan Limited Liability Company;'' ``Alfakomponent;'' ``BIC-Inform 
LLC;'' ``Hartis DV LLC;'' ``ID Solution LLC;'' ``OOO OMP;'' 
``Orelmetallpolimer LLC;'' ``Spel LLC;'' ``Spetstehnotreyd LLC;'' ``STC 
Orion LLC;'' ``Technical Center Windeq LLC;'' ``ZALA Aero Group;'' and
0
b. Under UZBEKISTAN by adding, in alphabetical order, an entry for 
``Mvizion LLC'' to read as follows:

Supplement No. 4 to Part 744--Entity List

* * * * *

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                                                             License         License review     Federal Register
        Country                     Entity                 requirement           policy             citation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
RUSSIA.................                                         * * * * * *
                         Aeroscan Limited Liability    For all items       Policy of denial    88 FR [INSERT FR
                          Company, a.k.a., the          subject to the      for all items       PAGE NUMBER] 11/
                          following two aliases:        EAR. (See Sec.      subject to the      6/2023.
                         --Aeroscan; and                Sec.                EAR apart from
                         --OOO Aeroskan.                734.9(g),\3\        food and medicine
                         3 Perunovsky Pereulok,         746.8(a)(3), and    designated as
                          Building 2, Moscow, 127055,   744.21(b) of the    EAR99, which will
                          Russia; and 2a                EAR).               be reviewed on a
                          Avtozavodskaya Street,                            case-by-case
                          Izhevsk, Udmurt Republic,                         basis. See Sec.
                          Russia; and 2 Moskovskaya,                        Sec.   746.8(b)
                          Street, Buzuluk,                                  and 744.21(e).
                          Orenburgskaya Oblast,
                          461042, Russia; and 3 Per.
                          Perunovski, Street 2, Floor
                          2, Pomeshch. 11,
                          Munitsipalny Okrug Marina
                          Roshcha, Moscow, 127055,
                          Russia.
                                                                * * * * * *
                         Alfakomponent, a.k.a., the    For all items       Policy of denial    88 FR [INSERT FR
                          following one alias:          subject to the      for all items       PAGE NUMBER] 11/
                         --OOO Alfakomponent.           EAR (See Sec.       subject to the      6/2023.
                         140 Leninski Prospect,         Sec.                EAR apart from
                          Litera E, Office 407A,        734.9(g),\3\        food and medicine
                          Saint Petersburg, 198216,     746.8(a)(3), and    designated as
                          Russia.                       744.21(b) of the    EAR99, which will
                                                        EAR).               be reviewed on a
                                                                            case-by-case
                                                                            basis. See Sec.
                                                                            Sec.   746.8(b)
                                                                            and 744.21(e).
                                                                * * * * * *
                         BIC-Inform LLC, a.k.a., the   For all items       Policy of denial    88 FR [INSERT FR
                          following two aliases:        subject to the      for all items       PAGE NUMBER] 11/
                         --OOO BIC-Inform; and          EAR (See Sec.       subject to the      6/2023.
                         --OOO BIK-Inform.              Sec.                EAR apart from
                         9 Bumazhnaya Street, K. 1,     734.9(g),\3\        food and medicine
                          Litera A, Rooms 201-209,      746.8(a)(3), and    designated as
                          Saint Petersburg, 190020,     744.21(b) of the    EAR99, which will
                          Russia.                       EAR).               be reviewed on a
                                                                            case-by-case
                                                                            basis. See Sec.
                                                                            Sec.   746.8(b)
                                                                            and 744.21(e).
                                                                * * * * * *
                         Hartis DV LLC, a.k.a., the    For all items       Policy of denial    88 FR [INSERT FR
                          following two aliases:        subject to the      for all items       PAGE NUMBER] 11/
                         --Trade House Alkopanel        EAR (See Sec.       subject to the      6/2023.
                          Limited Liability Company;    Sec.                EAR apart from
                          and                           734.9(g),\3\        food and medicine
                         --OOO Khartis DV.              746.8(a)(3), and    designated as
                         35 Svobody Street, Building    744.21(b) of the    EAR99, which will
                          5, Floor 1, Kom. 4, Moscow,   EAR).               be reviewed on a
                          125362, Russia.                                   case-by-case
                                                                            basis. See Sec.
                                                                            Sec.   746.8(b)
                                                                            and 744.21(e).
                                                                * * * * * *
                         ID Solution LLC, a.k.a., the  For all items       Policy of denial    88 FR [INSERT FR
                          following one alias:          subject to the      for all items       PAGE NUMBER] 11/
                         --OOO Aidi Solyushn.           EAR (See Sec.       subject to the      6/2023.
                         Annino Plaza Business          Sec.                EAR apart from
                          Center, 60B Dorozhnaya        734.9(g),\3\        food and medicine
                          Street, Room 421, Moscow,     746.8(a)(3), and    designated as
                          117405, Russia; and 2         744.21(b) of the    EAR99, which will
                          Donbasskaya Street, Vidnoe,   EAR).               be reviewed on a
                          Moscow Oblast, 142700,                            case-by-case
                          Russia.                                           basis. See Sec.
                                                                            Sec.   746.8(b)
                                                                            and 744.21(e).
                                                                * * * * * *

[[Page 76130]]

 
                         OOO OMP,                      For all items       Policy of denial    88 FR [INSERT FR
                         31/1 Stanislavskogo Street,    subject to the      for all items       PAGE NUMBER] 11/
                          Floor 1, Office 2,            EAR (See Sec.       subject to the      6/2023.
                          Novosibirsk, Novosibirskaya   Sec.                EAR apart from
                          Oblast, 630097, Russia.       734.9(g),\3\        food and medicine
                                                        746.8(a)(3), and    designated as
                                                        744.21(b) of the    EAR99, which will
                                                        EAR).               be reviewed on a
                                                                            case-by-case
                                                                            basis. See Sec.
                                                                            Sec.   746.8(b)
                                                                            and 744.21(e).
                                                                * * * * * *
                         Orelmetallpolimer LLC,        For all items       Policy of denial    88 FR [INSERT FR
                          a.k.a., the following two     subject to the      for all items       PAGE NUMBER] 11/
                          aliases:                      EAR (See Sec.       subject to the      6/2023.
                         --OMP LLC, and                 Sec.                EAR apart from
                         --OOO Orelmetallpolimer.       734.9(g),\3\        food and medicine
                         1 Yu Avtomagistral Street,     746.8(a)(3), and    designated as
                          Mtsensk, Orovskaya Oblast,    744.21(b) of the    EAR99, which will
                          303032, Russia; and 45        EAR).               be reviewed on a
                          Olkhovskaya Street,                               case-by-case
                          Building 3, Floor 1, Room 1/                      basis. See Sec.
                          10, Munitsipalny Okrug                            Sec.   746.8(b)
                          Krasnoselski, Moscow,                             and 744.21(e).
                          105066, Russia; and 19B
                          Novosushchevskaya Street,
                          Moscow, 127055, Russia; and
                          24/8 Vatutina Street,
                          Office 204, Dzerzhinsk,
                          Nizhny Novgorod Oblast,
                          606019, Russia.
                                                                * * * * * *
                         Spel LLC,                     For all items       Policy of denial    88 FR [INSERT FR
                         12 Gavanskaya Street,          subject to the      for all items       PAGE NUMBER] 11/
                          Building 2, Litera B, Room    EAR (See Sec.       subject to the      6/2023.
                          1-N, Saint Petersburg,        Sec.                EAR apart from
                          199106, Russia; and 39        734.9(g),\3\        food and medicine
                          Morskaya Embankment,          746.8(a)(3), and    designated as
                          Building 2A, Room 9-N, St.    744.21(b) of the    EAR99, which will
                          Petersburg, 199155, Russia.   EAR).               be reviewed on a
                                                                            case-by-case
                                                                            basis. See Sec.
                                                                            Sec.   746.8(b)
                                                                            and 744.21(e).
                                                                * * * * * *
                         Spetstehnotreyd LLC, a.k.a.,  For all items       Policy of denial    88 FR [INSERT FR
                          the following one alias:      subject to the      for all items       PAGE NUMBER] 11/
                         --OOO Spetstekhnotreid.        EAR (See Sec.       subject to the      6/2023.
                         11 Mekhanizatorski Per.,       Sec.                EAR apart from
                          Office 105, Izhevsk, Udmurt   734.9(g),\3\        food and medicine
                          Republic, 426028, Russia.     746.8(a)(3), and    designated as
                                                        744.21(b) of the    EAR99, which will
                                                        EAR).               be reviewed on a
                                                                            case-by-case
                                                                            basis. See Sec.
                                                                            Sec.   746.8(b)
                                                                            and 744.21(e).
                                                                * * * * * *
                         STC Orion LLC, a.k.a., the    For all items       Policy of denial    88 FR [INSERT FR
                          following three aliases:      subject to the      for all items       PAGE NUMBER] 11/
                         --OOO NTTS Orion;              EAR (See Sec.       subject to the      6/2023.
                         --OOO Nauchno-Tekhnicheski     Sec.                EAR apart from
                          Tsentr Orion; and             734.9(g),\3\        food and medicine
                         --Limited Liability Company    746.8(a)(3), and    designated as
                          Scientific and Technical      744.21(b) of the    EAR99, which will
                          Center Orion.                 EAR).               be reviewed on a
                         7A Gostinichnaya, Pomeshch.                        case-by-case
                          1/1, Office 1/V-08,                               basis. See Sec.
                          Munitipalny Okrug Marfino,                        Sec.   746.8(b)
                          Moscow, 127106, Russia; and                       and 744.21(e).
                          3 Perunovskiy Per., Annex
                          2, Moscow, 127055, Russia.
                                                                * * * * * *
                         Technical Center Windeq LLC,  For all items       Policy of denial    88 FR [INSERT FR
                          a.k.a., the following two     subject to the      for all items       PAGE NUMBER] 11/
                          aliases:                      EAR (See Sec.       subject to the      6/2023.
                         --OOO Tekhnicheski Tsentr      Sec.                EAR apart from
                          Vindek; and                   734.9(g),\3\        food and medicine
                         --TC Windeq.                   746.8(a)(3), and    designated as
                         1B/3 Pokrovskaya Street,       744.21(b) of the    EAR99, which will
                          Office 69, G.O. Podolsk,      EAR).               be reviewed on a
                          Moscow Oblast, 142116,                            case-by-case
                          Russia; and 1                                     basis. See Sec.
                          Domodedovskoye Avenue,                            Sec.   746.8(b)
                          Building 3, Podolskiy                             and 744.21(e).
                          District, Moscow Oblast,
                          142116, Russia.
                                                                * * * * * *
                         ZALA Aero Group, a.k.a., the  For all items       Policy of denial    88 FR [INSERT FR
                          following fourteen aliases:   subject to the      for all items       PAGE NUMBER] 11/
                         --A-Level Aerosystems;         EAR. (See Sec.      subject to the      6/2023.
                         --CST;                         Sec.                EAR apart from
                         --CST LLC;                     734.9(g),\3\        food and medicine
                         --CST Limited;                 746.8(a)(3), and    designated as
                         --CST, OOO;                    744.21(b) of the    EAR99, which will
                         --TsST Limited Liability       EAR.                be reviewed on a
                          Company;                                          case-by-case
                         --TsST LLC;                                        basis. See Sec.
                         --TsST Limited;                                    Sec.   746.8(b)
                         --TsST, OOO;                                       and 744.21(e).

[[Page 76131]]

 
                         --ZALA;
                         --ZALA AERO;
                         --ZALA AERO GROUP--
                          Bespilotniye Sistemy;
                         --ZALA AERO GROUP--Unmanned
                          Systems; and
                         --ZALA Aero Group Limited
                          Liability Company.
                         118 40 Let Pobedy Street,
                          Izhevsk, Udmurt Republic,
                          426072, Russia; and 3
                          Perunovsky Per., Building
                          2, Floor 3, Room 21,
                          Moscow, 127055, Russia.
                                                                * * * * * *
----------------------------------------------------------------------------------------------------------------
UZBEKISTAN.............                                         * * * * * *
                         Mvizion LLC,                  For all items       Policy of denial    88 FR [INSERT FR
                         8 Katartal Street, 7th         subject to the      for all items       PAGE NUMBER] 11/
                          Block, Chilanzarskiy          EAR (See Sec.       subject to the      6/2023.
                          District, Tashkent, 100113,   Sec.                EAR apart from
                          Uzbekistan; and 313 Gaydar    734.9(g),\3\        food and medicine
                          Alieev Kuchasi, Tashkent,     746.8(a)(3), and    designated as
                          Uzbekistan.                   744.21(b) of the    EAR99, which will
                                                        EAR).               be reviewed on a
                                                                            case-by-case
                                                                            basis. See Sec.
                                                                            Sec.   746.8(b)
                                                                            and 744.21(e).
                                                                * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
\3\ For this entity, ``items subject to the EAR'' includes foreign-produced items that are subject to the EAR
  under Sec.   734.9(g) of the EAR. See Sec.  Sec.   746.8 and 744.21 of the EAR for related license
  requirements, license review policy, and restrictions on license exceptions.
 * * * * * * *


Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2023-24508 Filed 11-2-23; 8:45 am]
BILLING CODE 3510-JT-P