Additions and Revisions of Entities to the Entity List

<RULE> DEPARTMENT OF COMMERCE <SUBAGY>Bureau of Industry and Security</SUBAGY> <CFR>15 CFR Part 744</CFR> <DEPDOC>[Docket No. 241028-0283]</DEPDOC> <RIN>RIN 0694-AJ94</RIN> <SUBJECT>Additions and Revisions of Entities to the Entity List</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Bureau of Industry and Security, Department of Commerce. <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding 40 entities under 42 entries and four addresses under four entries to the Entity List. These entries are listed on the Entity List under the destinations of China, People's Republic of (China) (11), India (5), Malaysia (2), Russia (13), Singapore (1), and Turkey (14). Two entities are added to the Entity List under two destinations, which accounts for the difference in the totals. This final rule also modifies 52 existing entries on the Entity List under the destinations of China, Estonia, Finland, India, Turkey, the United Arab Emirates (UAE), and the United Kingdom. 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 final rule is being published concurrently with a BIS final rule, “Implementation of Additional Export Controls Against Russia and Belarus Under the Export Administration Regulations (EAR); and Clarifications” (RIN 0694-AJ93), which includes additional changes related to export controls related to Russia and Belarus. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective November 1, 2024. </EFFDATE> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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: <E T="03">ERC@bis.doc.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> 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 § 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 <E T="04">Federal Register</E> 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. <HD SOURCE="HD2">Additions to the Entity List</HD> The ERC determined to add one entity to the Entity List: Agrim Aviation Private Limited, under the destination of India. This addition is being made because the entity has diverted or attempted to divert U.S.-origin items to Russia without prior authorization from BIS. These shipments were likely diverted to a party in Russia's aerospace sector who is subject to a BIS Temporary Denial Order. In addition, the entity has engaged in dilatory, evasive, or misleading behavior regarding the importation of U.S.-origin items that effectively prevented end-use checks (EUCs) from occurring or made the EUCs inaccurate. This activity is contrary to U.S. national security and foreign policy interests under § 744.11 of the EAR. A license is required for all items subject to the EAR. License applications will be reviewed under a presumption of denial. The ERC determined to add five entities to the Entity List: Federal State Budgetary Institute A.V. Zhirmunskiy National Scientific Research Center of Marine Biology, Far East Branch, Russian Academy of Sciences; Federal State Budgetary Institution of Science Institute of Bioorganic Chemistry named after Academicians M.M. Shemyakin and Yu.A. Ovchinnikov, Russian Academy of Sciences; Federal State Budgetary Institution of Science Institute of Fundamental Problems of Biology, Russian Academy of Sciences; Federal State Budgetary Institution of Science Institute of Molecular and Cell Biology, Siberian Branch of the Russian Academy of Sciences; and Federal State Unitary Enterprise Scientific Center Signal under the destination of Russia. Specifically, these entities have engaged in research, production, and/or attempted procurement of materials in support of Russia's chemical and biological warfare (CBW) program. These activities are contrary to U.S. national security and foreign policy interests under § 744.11. These entities will receive footnote 3 designations because the ERC has determined that they are Russian or Belarusian `military end users' pursuant to § 744.21. A footnote 3 designation subjects these entities to the Russia/Belarus-Military End User and Procurement Foreign Direct Product (FDP) rule, detailed in § 734.9(g). These 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. The ERC determined to add four entities to the Entity List: Supra Tech Sdn Bhd under the destination of Malaysia; and Ix Medikal Buro Malzemeleri Ticaret Limited Sirketi, Panorama Invest Dis Ticaret As, and Union Trade Turkey Makina Ithalat Ve Ihracat Limited Sirketi under the destination of Turkey. These entities are added for the transshipment of sensitive U.S.-origin goods to Russia that would contribute to their defense industrial base. The ERC has determined that these entities qualify as Russian Procurement Entities under § 734.9(g) of the EAR and are receiving a footnote 3 designation due to their significant risk of involvement in the supply or diversion of items subject to the EAR to procurement networks for Russia's defense industry or intelligence services. A footnote 3 designation subjects these entities to the Russia/Belarus-Military End User and Procurement Foreign Direct Product (FDP) rule, detailed in § 734.9(g). These entities are added with a license requirement for all items subject to the EAR. They are added with a license review policy of denial. The ERC determined to add two entities to the Entity List: FUTREVO and Theorax Dynamics Private Limited under the destination of India. These entities are added for procuring or attempting to procure items in support of Russia's military and/or defense industrial base. Specifically, these two entities have supplied U.S.-origin and/or U.S.-branded components to a sanctioned entity known to procure foreign components for Russian drone production. This activity is contrary to U.S. national security and foreign policy interests under Section § 744.11 of the EAR. The ERC has determined that these entities qualify as Russian Procurement Entities under § 734.9(g) of the EAR and are receiving a footnote 3 designation due to their involvement in the supply or diversion of items subject to the EAR to procurement networks for Russia's defense industry or intelligence services. A footnote 3 designation subjects these entities to the Russia/Belarus-Military End User and Procurement Foreign Direct Product (FDP) rule, detailed in § 734.9(g). These entities are added with a license requirement for all items subject to the EAR. They are added with a license review policy of denial for all items subject to the EAR. The ERC determined to add the following two entities to the Entity List: Analog Technology Limited, under the destinations of China and India, and Avrora India Marine Systems Pvt., Ltd., under the destination of India. These entities are added for continuing to procure or attempting to procure items in support of Russia's military and/or defense industrial base. Specifically, these entities have supplied U.S.-origin and U.S.-branded components to Russian entities that have been sanctioned since Russia's further invasion of Ukraine or are otherwise linked to the Russian defense industrial base. This activity is contrary to U.S. national security and foreign policy interests under § 744.11 of the EAR. The ERC has determined that these entities qualify as Russian Procurement Entities under § 734.9(g) of the EAR and are receiving a footnote 3 designation due to their significant risk of involvement in the supply or diversion of items subject to the EAR to procurement networks for Russia's defense industry or intelligence services. A footnote 3 designation subjects these entities to the Russia/Belarus-Military End User and Procurement Foreign Direct Product (FDP) rule, detailed in § 734.9(g). These entities are added with a license requirement for all items subject to the EAR. They are added with a license review policy of denial. The ERC determined to add four entities to the Entity List: LLC A-K-S, under the destination of Russia; and Shenzhen True Price Technology Co., Ltd.; Woke Tradin ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 109k characters. 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