[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: RussiaAeroscan 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 * * * * * ---------------------------------------------------------------------------------------------------------------- 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