[Federal Register Volume 90, Number 216 (Wednesday, November 12, 2025)]
[Rules and Regulations]
[Pages 50858-50860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19858]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 251106-0170]
RIN 0694-AK07
Revisions to the Entity List
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) is removing one
entity from the Entity List under the destination of China, People's
Republic of (China). BIS is also removing six aliases associated with a
different entity on the Entity List under the destination of China. BIS
has determined, based on the review of additional information, that the
entities do not pose a significant risk of being or becoming involved
in activities that are contrary to the national security or foreign
policy interests of the United States.
DATES: This rule is effective November 10, 2025.
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, 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 imposes additional license requirements on, and limits
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 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, War, 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.
Removals From the Entity List
The ERC determined to remove Arrow China Electronics Trading Co.,
Ltd. and the six aliases under Arrow Electronics (Hong Kong) Co., Ltd.
from the Entity List under China, based on information BIS received
pursuant to Sec. 744.16 of the EAR regarding the relationships of the
aliases under this separate entry to Arrow China Electronics Trading
Co., Ltd., along with commitments to enhance export compliance measures
of all of these parties, and the review the ERC conducted in accordance
with procedures described in supplement no. 5 to part 744 of the EAR.
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. In
particular, Section 1753 of ECRA (50 U.S.C. 4812) authorizes the
regulation of exports, reexports, and transfers (in-country) of items
subject to U.S. jurisdiction. Further, Section 1754(a)(1)-(16) of ECRA
(50 U.S.C. 4813(a)(1)-(16)) authorizes, inter alia, establishing and
maintaining a list of foreign persons and end uses that are determined
to be a threat to the national security and foreign policy of the
United States pursuant to the policy set forth in Section 1752(2)(A),
and restricting exports, reexports, and in-country transfers of any
controlled items to any foreign person or end use so listed;
[[Page 50859]]
apprising the public of changes in policy, regulations, and procedures;
and any other action necessary to carry out ECRA that is not otherwise
prohibited by law. Pursuant to Section 1762(a) of ECRA (50 U.S.C.
4821(a)), these changes can be imposed in a final rule without prior
notice and comment.
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of Executive Order 12866. This final rule is not a regulatory action
pursuant to E.O. 14192 because it is not a significant rule under E.O.
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 (PRA) (44 U.S.C. 3501 et seq.), 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--CONTROL POLICY: END-USER AND END-USE BASED
0
1. Revise the authority citation for part 744 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 7, 2024, 89 FR 88867 (November 8, 2024); Notice of
August 4, 2025, 90 FR 37999 (August 6, 2025); Notice of September 8,
2025, 90 FR 43903 (September 10, 2025).
0
2. Supplement no. 4 to part 744 is amended Under CHINA, PEOPLE'S
REPUBLIC OF by:
0
a. Removing the entry for ``Arrow China Electronics Trading Co.,
Ltd.''; and
0
b. Revising the entry for ``Arrow Electronics (Hong Kong) Co., Ltd''.
The revision reads 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.
Arrow Electronics (Hong For all items Presumption of 90 FR 48193, 10/9/
Kong) Co., Ltd., 2/F and 3/ subject to the denial. 25. 90 FR
F, Green 18, Phase 2, Hong EAR. (See Sec. [INSERT FR PAGE
Kong Science Park, Hong 744.11 of the NUMBER, 10/12/
Kong; and 20/F, Tower 2, EAR). 25].
Evergreen Plaza, 88
Container Port Road, Kwai
Chung, Hong Kong; Lot 204,
DD105, Castle Peak Road,
Yuen Long, Hong Kong; and
Unit 1003, Kerry Cargo
Center, 55 Wing Kei Road,
Kwai Chung, Hong Kong; and
Units 11001-11008E & 11001-
110012W, 11th Floor, ATL
Logistics Centre B, No. 8
Container Port Road South,
Kwai Chung, Hong Kong; Unit
5001-5004W, 5th Floor, ATL
Logistics Centre A, No. 8
Container Port Road South,
Kwai Chung, Hong Kong; and
Unit 5015E-5020E, 5th
Floor, ATL Logistics Centre
B, No. 8 Container Port
Road South, Kwai Chung,
Hong Kong.
* * * * * *
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 50860]]
* * * * *
Julia Khersonsky,
Deputy Assistant Secretary for Strategic Trade.
[FR Doc. 2025-19858 Filed 11-10-25; 8:45 am]
BILLING CODE 3510-33-P