[Federal Register Volume 89, Number 71 (Thursday, April 11, 2024)]
[Rules and Regulations]
[Pages 25503-25507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07760]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 240405-0101]
RIN 0694-AJ57


Addition of Entities to and Revision of Entry on 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 11 entries to the 
Entity List, under the destinations of the Peoples Republic of China 
(China) (6), the Russian Federation (Russia) (3), and the United Arab 
Emirates (UAE) (2). 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. This rule also modifies one 
existing entity on the Entity List under the destination of China.

DATES: This rule is effective April 11, 2024.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee, 
Office of the Assistant Secretary for Export Administration, Bureau of 
Industry and Security, Department of Commerce, Phone: (202) 482-5991, 
Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

The Entity List

    The Entity List (Supplement no. 4 to part 744 of the EAR (15 CFR 
parts 730-774)) identifies entities for which there is reasonable cause 
to believe, based on specific and articulable facts, that the entities 
have been involved, are involved, or pose a significant risk of being 
or becoming involved in activities contrary to the national security or 
foreign policy interests of the United States, pursuant to Sec.  
744.11(b) of the EAR. 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. 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 Khalaj Trading LLC and Mahdi Khalaj 
Amirhosseini, both under the destination of the UAE to the Entity List 
for engaging in the export and attempted export of items on the 
Commerce Control List (Supplement 1 to part 774 of the EAR) from the 
United States to Iran through the UAE, in apparent violation of the 
Iranian Transactions and Sanctions Regulations (ITSR) (see 31 CFR part 
560) and the EAR. These activities are contrary to the national 
security and foreign policy interests of the United States under Sec.  
744.11 of the EAR.
    The ERC determined to add LINKZOL (Beijing) Technology Co., Ltd. 
and Xi'an Like Innovative Information Technology Co., Ltd., both under 
the destination of China, to the Entity List for acquiring and 
attempting to acquire U.S.-origin items in support of China's military 
modernization efforts, including in support of Military-Intelligence 
End Users. The ERC also determined to add Beijing Anwise Technology 
Co., Ltd. and SITONHOLY (Tianjin) Co., Ltd., both under the destination 
of China, to the Entity List for acquiring and attempting to acquire 
U.S.-origin items in support of China's military modernization efforts. 
These activities are contrary to U.S. national security

[[Page 25504]]

and foreign policy interests under Sec.  744.11 of the EAR.
    The ERC determined to add Jiangxi Xintuo Enterprise Co. Ltd., under 
the destination of China, to the Entity List 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. In addition, this entity qualifies as a military 
end user under Sec.  744.21(g) of the EAR. This entity is receiving a 
footnote 3 designation because the ERC has determined that it is a 
Russian or Belarusian `military end user' pursuant to Sec.  744.21 of 
the EAR. A footnote 3 designation subjects this entity to the Russia/
Belarus-Military End User Foreign Direct Product (FDP) rule, detailed 
in Sec.  734.9(g) of the EAR. The entity is 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.
    The ERC determined to add to the Entity List Aerosila JSC SPE, 
Delta-Aero LLC, and JSC ODK-Star, under the destination of Russia, and 
Shenzhen Jiasibo Technology Co., Ltd., under the destination of China, 
for working as a part of a network to procure aerospace components, 
including dual-use components for UAV applications, for the Iran 
Aircraft Manufacturing Industrial Company (HESA) in Iran. These 
components are used to develop and produce Shahed-series UAVs which 
have been used by Iran to attack oil tankers in the Middle East and by 
Russia in Ukraine. This activity is contrary to the national security 
and foreign policy interests of the United States under Sec.  744.11 
and these entities qualify as military end users under Sec.  744.21(g) 
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 and are subject to the 
Russia/Belarus-Military End User Foreign Direct Product (FDP) rule, 
detailed in Sec.  734.9(g) of the EAR. 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 
11 entities, including aliases where appropriate, to the Entity List:

China

     Beijing Anwise Technology Co., Ltd.;
     Jiangxi Xintuo Enterprise Co., Ltd.;
     LINKZOL (Beijing) Technology Co., Ltd.;
     Shenzhen Jiasibo Technology Co., Ltd.;
     SITONHOLY (Tianjin) Co., Ltd.; and
     Xi'an Like Innovative Information Technology Co., Ltd.

Russia

     Aerosila JSC SPE;
     Delta-Aero LLC; and
     JSC ODK-Star.

United Arab Emirates

     Khalaj Trading LLC; and
     Mahdi Khalaj Amirhosseini.

Modifications to the Entity List

    This final rule implements the decision of the ERC to modify one 
existing entry on the Entity List under the destination of China. 
Specifically, the ERC determined to add one alias to the entry for 
Shanghai Biren Intelligent Technology Co., Ltd., for a total of three 
aliases.

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 April 11, 2024, pursuant 
to actual orders for export, reexport, or transfer (in-country) to or 
within a foreign destination, may proceed to that destination under the 
previous eligibility for a License Exception or export, reexport, or 
transfer (in-country) without a license (NLR) before May 13, 2024. Any 
such items not actually exported, reexported or transferred (in-
country) before midnight, on May 13, 2024, 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.
    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

[[Page 25505]]

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 by:
0
a. Under CHINA, PEOPLE'S REPUBLIC OF,
0
i. Adding, in alphabetical order, entries for ``Beijing Anwise 
Technology Co., Ltd.;'' ``Jiangxi Xintuo Enterprise Co., Ltd.;'' 
``LINKZOL (Beijing) Technology Co., Ltd.;'' and
0
ii. Revising the entry for ``Shanghai Biren Intelligent Technology Co., 
Ltd.;'' and
0
iii. Adding, in alphabetical order, entries for ``Shenzhen Jiasibo 
Technology Co., Ltd.;'' ``SITONHOLY (Tianjin) Co., Ltd.;'' and ``Xi'an 
Like Innovative Information Technology Co., Ltd.;'' and
0
b. Under RUSSIA, adding entries in alphabetical order for ``Aerosila 
JSC SPE;'' ``Delta-Aero LLC;'' and ``JSC ODK-Star;'' and
0
c. Under UNITED ARAB EMIRATES, adding entries in alphabetical order for 
``Khalaj Trading LLC;'' and ``Mahdi Khalaj Amirhosseini.''
    The revision and additions read as follows:

Supplement No. 4 to Part 744--Entity List

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                          License                               Federal Register
        Country                    Entity               requirement     License review policy        citation
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
CHINA, PEOPLES                                                 * * * * * *
 REPUBLIC OF.
                        Beijing Anwise Technology    For all items     Presumption of denial..  89 FR [INSERT FR
                         Co., Ltd., a.k.a., the       subject to the                             PAGE NUMBER], 4/
                         following one alias:         EAR. (See Sec.                             11/2024.
                        --Anwise Global.               744.11 of the
                                                      EAR).
                        A02, Idea Park, MingJi
                         International Center, No.
                         35 Da Huang Zhuang, Chao
                         Yang District, Beijing,
                         China; and Room 8112, 8th
                         Floor, Building 3, Yard
                         30, Shixing Street,
                         Shijingshan District,
                         Beijing, China.
                                                               * * * * * *
                        Jiangxi Xintuo Enterprise    For all items     Policy of denial for     89 FR [INSERT FR
                         Co. Ltd., a.k.a., the        subject to the    all items subject to     PAGE NUMBER], 4/
                         following one alias:         EAR (See Sec.     the EAR apart from       11/2024.
                        --T-MOTOR.                    Sec.              food and medicine
                        Room 2103, No. 39             734.9(g),\3\      designated as EAR99,
                         Commercial Building,         746.8(a)(3),      which will be reviewed
                         Greenland New Metropolis,    and 744.21(b)     on a case-by-case
                         Ziyang, Avenue, High-tech    of the EAR).      basis. See Sec.  Sec.
                         Industrial Development                          746.8(b) and
                         Zone, Nanchang City,                           744.21(e).
                         Jiangxi Province, China;
                         and Rooms 2405, 2406,
                         2407, 24th Floor, B#
                         Office Building,
                         Yunzhongcheng, No. 3399
                         Ziyang Avenue, Nanchang
                         High-tech Industrial
                         Development Zone, Nanchang
                         City, Jiangxi Province,
                         China; and No. 888
                         Tianxiang Avenue, Nanchang
                         City, Jiangxi Province,
                         China.
                                                               * * * * * *
                        LINKZOL (Beijing)            For all items     Presumption of denial..  89 FR [INSERT FR
                         Technology Co., Ltd.,        subject to the                             PAGE NUMBER], 4/
                         a.k.a., the following one    EAR. (See Sec.                             11/2024.
                         alias:                        744.11 of the
                        --Lianzhong Cluster           EAR).
                         (Beijing) Technology Co.,
                         Ltd.
                        Room 701, Floor 7, Building
                         6, No. 1 Chaoqian Road,
                         Science and Technology
                         Park, Changping District,
                         Beijing, China; and Floor
                         6, Building 6, Beijing
                         Enterprises Hongchuang
                         Technology Park, No. 1
                         Chaoqian Road, Science and
                         Technology Park, Changping
                         District, Beijing
                         (Changping Department),
                         China; and E-1201, Wuhan
                         Living Room, No. 8 Hongtu
                         Avenue, Dongxihu District,
                         Wuhan, Hubei (Wuhan
                         Department), China; and C-
                         2701, Wuhan Living Room,
                         No. 8 Hongtu Avenue,
                         Dongxihu District, Wuhan,
                         Hubei (Wuhan Department),
                         China; and Room 941,
                         Building 1, Yard 62,
                         Balizhuang, Haidian
                         District, Beijing (Haidian
                         Department), China.
                                                               * * * * * *
                        Shanghai Biren Intelligent   For all items     Presumption of denial..  88 FR 71992 10/
                         Technology Co., Ltd.,        subject to the                             19/2023.
                         a.k.a., the following        EAR. (See Sec.                            89 FR [INSERT FR
                         three aliases:               Sec.                                       PAGE NUMBER], 4/
                        --Biren;                      734.9(e)(2) and                            11/2024.
                        --Biren Technology; and       744.11 of the
                        --Shanghai Biren              EAR) \4\.
                         Technology.
                        Building 16, Room 1302,
                         13th Floor, No. 2388
                         Chenhang Highway, Minhang
                         District, Shanghai, China.
                                                               * * * * * *

[[Page 25506]]

 
                        Shenzhen Jiasibo Technology  For all items     Policy of denial for     89 FR [INSERT FR
                         Co., Ltd., a.k.a., the       subject to the    all items subject to     PAGE NUMBER], 4/
                         following one alias:         EAR (See Sec.     the EAR apart from       11/2024.
                        --SHENZHEN JIA SIBO SCIENCE   Sec.              food and medicine
                         AND TECHNOLOGY CO., LTD.     734.9(g),\3\      designated as EAR99,
                        No. 57, Busha Road, Buji,     746.8(a)(3),      which will be reviewed
                         Longgang, Shenzhen, China.   and 744.21(b)     on a case-by-case
                                                      of the EAR).      basis. See Sec.  Sec.
                                                                         746.8(b) and
                                                                        744.21(e).
                                                               * * * * * *
                        SITONHOLY (Tianjin) Co.,     For all items     Presumption of denial..  89 FR [INSERT FR
                         Ltd., No. 1 Cuipu Road,      subject to the                             PAGE NUMBER], 4/
                         Yixian Science Industrial    EAR. (See Sec.                             11/2024.
                         Park, Tianjin Economic and    744.11 of the
                         Technological Development    EAR).
                         Zone, Tianjin, China.
                                                               * * * * * *
                        Xi'an Like Innovative        For all items     Presumption of denial..  89 FR [INSERT FR
                         Information Technology       subject to the                             PAGE NUMBER], 4/
                         Co., Ltd., Floor 12,         EAR. (See Sec.                             11/2024.
                         Building 1, Greenland Lehe    744.11 of the
                         City, South Second Ring      EAR).
                         Road, Beilin District,
                         Xi'an City, Shaanxi
                         Province, China; and Room
                         2914, Building 1, No. 323,
                         East Section of Second
                         Ring South Road, Beilin
                         District, Xi'an City,
                         Shaanxi Province, China.
                                                               * * * * * *
----------------------------------------------------------------------------------------------------------------
RUSSIA................                                         * * * * * *
                        Aerosila JSC SPE, a.k.a.,    For all items     Policy of denial for     89 FR [INSERT FR
                         the following three          subject to the    all items subject to     PAGE NUMBER], 4/
                         aliases:                     EAR (See Sec.     the EAR apart from       11/2024.
                        --JSC SPE AEROSILA;           Sec.              food and medicine
                        --NPP AEROSILA, AO; and       734.9(g),\3\      designated as EAR99,
                        -NPP AEROSILA, PPO.           746.8(a)(3),      which will be reviewed
                        6, Zhdanov St., Stupino,      and 744.21(b)     on a case-by-case
                         Moscow Region, 142800,       of the EAR).      basis. See Sec.  Sec.
                         Russia.                                         746.8(b) and
                                                                        744.21(e).
                                                               * * * * * *
                        Delta-Aero LLC, a.k.a., the  For all items     Policy of denial for     89 FR [INSERT FR
                         following two aliases:       subject to the    all items subject to     PAGE NUMBER], 4/
                        --LLC TSTO ``Delta-Aero'';    EAR (See Sec.     the EAR apart from       11/2024.
                         and                          Sec.              food and medicine
                        --DELTA-AERO TECHNICAL        734.9(g),\3\      designated as EAR99,
                         SERVICE CENTER LLC.          746.8(a)(3),      which will be reviewed
                        4, Kyiv Highway 22 km,        and 744.21(b)     on a case-by-case
                         Building 1, Floor 6, Room    of the EAR).      basis. See Sec.  Sec.
                         620 A/37, Moscow, 108511,                       746.8(b) and
                         Russia; and 68/70 Butyrsky                     744.21(e).
                         Val Street, 1st Floor,
                         Room 110, Baker Plaza
                         Business Center, Moscow,
                         127055, Russia.
                                                               * * * * * *
                        JSC ODK-Star, a.k.a., the    For all items     Policy of denial for     89 FR [INSERT FR
                         following two aliases:       subject to the    all items subject to     PAGE NUMBER], 4/
                        --JSC ``UEC-STAR''; and       EAR (See Sec.     the EAR apart from       11/2024.
                        --AO ODK-STAR.                Sec.              food and medicine
                        140A, Kuibysheva Street,      734.9(g),\3\      designated as EAR99,
                         Perm, 614990, Russia.        746.8(a)(3),      which will be reviewed
                                                      and 744.21(b)     on a case-by-case
                                                      of the EAR).      basis. See Sec.  Sec.
                                                                         746.8(b) and
                                                                        744.21(e).
                                                               * * * * * *
----------------------------------------------------------------------------------------------------------------
UNITED ARAB EMIRATES..                                         * * * * * *
                        Khalaj Trading LLC,          For all items     Presumption of denial..  89 FR [INSERT FR
                        2604 Tower A, Bin Ham         subject to the                             PAGE NUMBER], 4/
                         Towers, Altaawun St.,        EAR (See Sec.                              11/2024.
                         Sharjah, U.A.E.; and #4      744.11 of the
                         Street # 6-A, Karama Area,   EAR).
                         Bur Dubai, Dubai, U.A.E.
                                                               * * * * * *
                        Mahdi Khalaj Amirhosseini,   For all items     Presumption of denial..  89 FR [INSERT FR
                        2604 Tower A, Bin Ham         subject to the                             PAGE NUMBER], 4/
                         Towers, Altaawun St.,        EAR (See Sec.                              11/2024.
                         Sharjah, U.A.E.; and #4      744.11 of the
                         Street # 6-A, Karama Area,   EAR).
                         Bur Dubai, Dubai, U.A.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.
\4\ For this entity, ``items subject to the EAR'' includes foreign-produced items that are subject to the EAR
  under Sec.   734.9(e)(2) of the EAR. See Sec.   744.11(a)(2)(ii) for related license requirements and license
  review policy.



[[Page 25507]]

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2024-07760 Filed 4-10-24; 8:45 am]
BILLING CODE 3510-33-P