12226 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 734, 738, 740, 742, 744, 

746, and 772 

[Docket No. 220215–0048] 

RIN 0694–AI71 

Implementation of Sanctions Against 

Russia Under the Export 

Administration Regulations (EAR) 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In response to the Russian 

Federation’s (Russia’s) further invasion 

of Ukraine, with this final rule, the 

Department of Commerce is adding new 

Russia license requirements and 

licensing policies to the Export 

Administration Regulations (EAR) to 

protect U.S. national security and 

foreign policy interests. These new 

Russia measures: Impose new 

Commerce Control List (CCL)-based 

license requirements for Russia; add two 

new foreign ‘‘direct product’’ rules (FDP 

rules) specific to Russia and Russian 

‘military end users;’ specify a license 

review policy of denial applicable to all 

of the license requirements being added 

in this rule, with certain limited 

exceptions; significantly restrict the use 

of EAR license exceptions; expand the 

existing Russia ‘military end use’ and 

‘military end user’ control scope to all 

items ‘‘subject to the EAR’’ other than 

food and medicine designated EAR99, 

or ECCN 5A992.c and 5D992.c unless 

for Russian ‘‘government end users’’ and 

Russian state-owned enterprises (SoEs); 

transfer forty-five Russian entities from 

the Military End-User (MEU) List to the 

Entity List with an expanded license 

requirement of all items subject to the 

EAR (including foreign-produced items 

subject to the Russia-MEU FDP rules); 

and add two new Russia entities and 

revise two Russia entities to the Entity 

List. Lastly, this rule imposes 

comprehensive export, reexport and 

transfer (in-country) restrictions for the 

so-called Donetsk People’s Republic 

(DNR) and Luhansk People’s Republics 

(LNR) regions of Ukraine (‘‘Covered 

Regions of Ukraine’’) and makes 

conforming revisions to export, reexport 

transfer (in-country) restrictions for 

Crimea Region of Ukraine provisions. 

DATES: This rule is effective February 

24, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

questions on the Entity List and MEU 

List, contact the Chair, End-User Review 

Committee, Office of the Assistant 

Secretary, Export Administration, 

Bureau of Industry and Security, 

Department of Commerce, Phone: (202) 

482–5991, Fax: (202) 482–3911, Email: 

ERC@bis.doc.gov. 

For other questions on this final rule, 

contact Eileen Albanese, Director, Office 

of National Security and Technology 

Transfer Controls, Bureau of Industry 

and Security, Department of Commerce, 

Phone: (202) 482–0092, Fax: (202) 482– 

3355, Email: rpd2@bis.doc.gov. For 

emails, include ‘‘Russia’’ in the subject 

line. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In response to the Russian 

Federation’s (Russia’s) further invasion 

of Ukraine, the Bureau of Industry and 

Security (BIS) imposes extensive 

sanctions on Russia by amending the 

Export Administration Regulations (15 

CFR parts 730–774) (EAR). Russia’s 

invasion of Ukraine flagrantly violates 

international law, is contrary to U.S. 

national security and foreign policy 

interests, and undermines global order, 

peace, and security, and therefore 

necessitates these stringent and 

expansive sanctions. The Commerce 

Department’s sanctions are one aspect of 

the broad U.S. Government response to 

Russia’s unprovoked aggression and are 

being imposed in coordination with 

allies and partners. 

In response to Russia’s 2014 invasion 

of Ukraine and occupation of the 

Crimean region, the U.S. Government, 

in coordination with its partners and 

allies, imposed restrictions on Russia, 

including asset-blocking measures, 

licensing requirements applicable to 

exports, reexports, and transfers (incountry) of items subject to the EAR 

destined for certain Russian entities, 

and special controls on items subject to 

the EAR intended for use in specified 

Russian industry sectors. Leading up to 

Russia’s further invasion of Ukraine, the 

U.S. Government announced that 

should Russia encroach further on 

Ukraine’s territory, it would impose 

additional, comprehensive sanctions 

with significant consequences. 

The export control measures 

implemented in this final rule protect 

U.S. national security and foreign policy 

interests by restricting Russia’s access to 

items that it needs to project power and 

fulfill its strategic ambitions. These 

items include sophisticated 

technologies designed and produced in 

the United States, as well as certain 

foreign-produced items that contain or 

are based on U.S.-origin technology 

subject to the EAR or other technology 

that is subject to the EAR that are 

essential inputs to Russia’s key 

technology and other sectors. BIS is 

primarily targeting the Russian defense, 

aerospace, and maritime sectors with 

these new export controls. These export 

controls include controls on the export 

from abroad of certain foreign-produced 

items that are subject to the EAR. Given 

the global dominance of U.S.-origin 

software, technology, and equipment 

(including tooling), these new controls, 

implemented in parallel with similarly 

stringent measures by partner and allied 

countries, will cover a broad scope of 

items that Russia seeks to advance its 

strategic ambitions and consequently 

impair the country’s key industrial 

sectors. 

II. Overview of New Controls 

BIS is implementing a new license 

requirement for Russia on items subject 

to the EAR and classified under any 

Export Control Classification Number 

(ECCN) in Categories 3 through 9 of the 

Commerce Control List, Supp. No. 1 to 

part 774 of the EAR (CCL). The new 

license requirement is added under new 

§ 746.8(a)(1) (Russia sanctions) in part 

746 of the EAR (Embargoes and Other 

Special Controls). License exceptions 

described in § 746.8(c)(1)–(7) may be 

used to overcome the license 

requirement. When a license application 

is required, applications for such items 

will be subject to a policy of denial. 

However, to minimize unintended 

consequences, a case-by-case review 

policy applies to applications to export, 

reexport, or transfer (in-country) items 

that ensure safety of flight, maritime 

safety, meet humanitarian needs, enable 

government space cooperation, and 

allow transactions for items destined to 

specified Western subsidiaries and joint 

ventures, support civil 

telecommunications infrastructure in 

certain countries, and government-togovernment activities. The case-by-case 

review policy will be used to determine 

whether a transaction that meets the 

criteria above would benefit the Russian 

government or defense sector. 

Additionally, BIS is establishing two 

new foreign ‘‘direct product’’ rules (FDP 

rules) in § 734.9 of the EAR. The first 

relates to the entire country of Russia, 

as described in new § 734.9(f) (the 

‘‘Russia FDP rule’’). Foreign-produced 

items subject to the EAR under the 

Russia FDP rule will be subject to the 

license requirement described in new 

§ 746.8(a)(2) but will be eligible for 

certain license exceptions described in 

§ 746.8(c)(1)–(7). When a license 

application is required, such 

applications will be subject to a general 

policy of denial but will be subject to 

case-by-case review for certain 


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circumstances described further in 

§ 746.8(b). 

The second new FDP rule targets 

Russian ‘military end users,’ as 

described in new § 734.9(g) (the 

‘‘Russia-MEU FDP rule’’). Foreignproduced items subject to the EAR 

under the Russia-MEU FDP rule will be 

subject to the license requirement 

described in new § 746.8(a)(3). No 

license exceptions are available to 

overcome this license requirement, 

except as specified in the Entity List 

entry for a Footnote 3 entity on the 

Entity List in supplement no. 4 to part 

744 of the EAR, and such items will be 

subject to a policy of denial for all 

license applications, as described in 

§ 746.8(b). 

BIS has determined that certain 

countries are committed to 

implementing substantially similar 

export controls as part of their domestic 

sanctions against Russia. These 

countries are identified in Supplement 

No. 3 to part 746 (Russia Exclusions 

List). They are excluded from the 

requirements of the Russia and RussiaMEU FDP rules and the de minimis 

provisions under Supplement No. 2 to 

part 734 with respect to ECCNs that 

either specify only Anti-terrorism (AT) 

in the reason for controls paragraph of 

the ECCN or are classified under ECCN 

9A991. This exclusion may be full or 

partial, as noted in the Scope column of 

the Russia Exclusions List and may only 

apply when the criteria specified in 

§ 746.8(a)(4) or (5) are met. In addition, 

the Russia Exclusions List includes 

certain countries that have committed to 

implementing substantially similar 

controls under their domestic laws but 

have not yet implemented them. 

BIS also is expanding the scope of the 

existing ‘military end use’ and ‘military 

end user’ control under § 744.21 of the 

EAR for Russia to apply to all items 

‘‘subject to the EAR’’ except food and 

medicine designated EAR99, or ECCN 

5A992.c and 5D992.c unless for Russian 

‘‘government end users’’ and Russian 

state-owned enterprises (SoEs). At the 

same time, this rule removes forty-five 

Russian entities from the Military EndUser (MEU) List in Supplement No. 7 to 

part 744 and adds them to the Entity 

List with an expanded license 

requirement for the export, reexport, 

and transfer (in-country) of all items 

‘‘subject to the EAR,’’ including those 

items subject to the Russia-MEU FDP 

rule for ‘military end users’ in Russia. 

Finally, BIS adds two new Russian 

entities to the Entity List under this 

final rule and revises two existing 

entries for Russian entities on the Entity 

List. 

III. Amendments to the Export 

Administration Regulations (EAR) 

A. Implementation of New Sanctions 

Against Russia 

Addition of Expansive License 

Requirements, Restrictive License 

Review Policies, and Restrictions on 

License Exception Eligibility for Russia 

This final rule adds § 746.8 to impose 

new sanctions against Russia in part 746 

of the EAR (Embargoes and Other 

Special Controls). Under paragraph (a) 

(License Requirements) of this new 

section, this final rule imposes three 

distinct types of license requirements. 

The first requirement, set forth in 

paragraph (a)(1) is specific to the export, 

reexport and transfer (in-country) of 

items in categories 3, 4, 5, 6, 7, 8 or 9 

of the CCL. The second and third 

requirements, set forth in paragraphs 

(a)(2) and (3) are specific to reexport, 

export from abroad, and transfer (incountry) of foreign-produced ‘‘direct 

products’’ subject to the EAR under the 

Russia or Russia-MEU FDP rules. 

1. Section 746.8(a)(1) License 

Requirement 

New § 746.8(a)(1) (Items classified in 

an ECCN in CCL Categories 3 through 9) 

is supplemental to the license 

requirements found elsewhere in the 

EAR. Under this paragraph, a license is 

required for the export, reexport, or 

transfer (in-country) to or within Russia 

of any item subject to the EAR and 

specified in an ECCN in Categories 3, 4, 

5, 6, 7, 8, or 9 of the CCL, excluding 

deemed exports and deemed reexports. 

In implementing these controls, BIS 

imposes broad transfer (in-country) 

requirements on an entire country, 

reflecting the significance of the U.S. 

national security and foreign policy 

concerns, resulting from the Russian 

further invasion of Ukraine. These 

license requirements are intended to 

further restrict items to the Russian 

military and defense sector. 

Additionally, paragraph (a)(1) extends 

EAR license requirements to many items 

that did not previously require a license 

to Russia on the basis of their CCL 

classification alone, such as the parts 

and components used in civil aircraft 

controlled under ECCN 9A991.d. 

Although these items generally are 

controlled at a lower level under the 

EAR, they are still necessary for the 

functioning of aircraft, vessels and 

electronic items. As such, restrictions 

on these items can significantly limit 

Russia’s ability to obtain items it is not 

able to produce. In addition, with these 

new license requirements, additional 

items will be treated as controlled U.S.- 

origin content for purposes of de 

minimis calculations under supplement 

no. 2 to part 734 of the EAR, except as 

described in § 746.8(a)(5). BIS estimates 

that these new controls will result in an 

additional 350 license applications 

being submitted to BIS annually. 

2. Section 746.8(a)(2) License 

Requirement for the Russia FDP Rule 

New paragraph (a)(2) (Foreignproduced ‘‘direct product’’ items subject 

to the EAR under Russia FDP rule) 

requirements are imposed in 

conjunction with the simultaneous 

creation of a new foreign ‘‘direct 

product’’ rule specific to Russia (Russia 

FDP rule) in § 734.9(f) of the EAR. The 

Russia FDP rule establishes a license 

requirement for foreign-produced items 

that meet certain product scope and 

destination scope requirements in 

§ 734.9(f) of the EAR. Specifically, the 

Russia FDP rule makes the ‘‘direct 

product’’ of a wide range of CCL 

software and technology, or items 

produced by a complete plant or ‘major 

component’ of a plant that itself is the 

‘‘direct product’’ of such U.S.-origin 

technology or software, when it is 

known that the foreign-produced item is 

destined to Russia or will be 

incorporated into or used in the 

‘‘production’’ or ‘‘development’’ of any 

‘‘part,’’ ‘‘component,’’ or ‘‘equipment’’ 

produced in or destined to Russia. 

Notably, the product scope of the Russia 

FDP rule does not include items 

designated EAR99 that are produced by 

‘‘technology’’ or ‘‘software’’ as described 

in § 734.9(f)(1)(i) or by a complete plant 

or ‘major component’ of a plant as 

described in § 734.9(f)(1)(ii). The Russia 

FDP rule is described in greater detail 

below. 

Under paragraph (a)(2), a license is 

required for the reexport, export from 

abroad, or transfer (in-country) of any 

foreign-produced items subject to the 

EAR under the Russia FDP Rule 

described in § 734.9(f) of the EAR to any 

destination. The phrase ‘any 

destination’ is used to address situations 

involving multi-step manufacturing 

processes that occur in more than one 

country and in which the parties 

involved have ‘‘knowledge’’ that the 

foreign-produced item being produced 

will ultimately be reexported or 

exported from abroad to Russia. The 

license requirements under paragraph 

(a)(2) will apply to the reexports or 

exports from abroad from manufacturing 

country 1 to manufacturing country 2 

(each contributing to the production 

chain), when there is ‘‘knowledge’’ that 

the reexport or export from abroad of 

the item is ultimately destined to Russia 

or incorporated into or used in the 


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production or development of any part 

component or equipment (not 

designated EAR99) produced in or 

ultimately destined to Russia. 

BIS estimates new license 

requirements under § 746.8(a)(2) will 

result in an additional 2,000 license 

applications being submitted to BIS 

annually. 

3. Section 746.8(a)(3) License 

Requirement for the Russia-MEU FDP 

Rule 

New paragraph (a)(3) (Foreignproduced ‘‘direct product’’ items subject 

to the EAR under Russia-Military End 

User FDP Rule) requirements are 

imposed in conjunction with the 

simultaneous creation by this rule of a 

new foreign ‘‘direct product’’ rule 

specific to Russia (Russia-Military End 

User FDP Rule) in § 734.9(g) of the EAR. 

The Russia-Military End User FDP rule 

establishes a license requirement for 

foreign-produced items that meet 

certain product scope and destination 

scope requirements in § 734.9(g) of the 

EAR. Specifically, this Russia-Military 

End User FDP rule makes the ‘‘direct 

product’’ of a wide range of CCL 

software and technology (any software 

or technology in an ECCN in any 

category of the CCL subject to the EAR, 

or items produced by a plant or major 

component of a plant that itself is the 

‘‘direct product’’ of such U.S.-origin 

technology or software) when it is 

known that the foreign-produced item 

will be incorporated into, or will be 

used in the ‘‘production’’ or 

‘‘development’’ of any ‘‘part,’’ 

‘‘component,’’ or ‘‘equipment’’ 

produced, purchased, or ordered by any 

entity with a footnote 3 designation in 

the license requirement column of the 

Entity List. Notably, the product scope 

of the Russia-Military End User FDP 

rule includes items designated EAR99 

that are a ‘‘direct product’’ of 

‘‘technology’’ or ‘‘software’’ described in 

§ 734.9(g)(1)(i) or produced by a 

complete plant or ‘major component’ of 

a plant as described in § 734.9(g)(1)(ii). 

The Russia-MEU FDP rule is described 

in greater detail below. 

Section 746.8(a)(3) specifies that 

except as described in paragraph (a)(4) 

of this section, a license is required to 

reexport, export from abroad, or transfer 

(in-country), to any destination, any 

foreign-produced item subject to the 

EAR under § 734.9(g) of the EAR other 

than food or medicine designated as 

EAR99, or ECCN 5A992.c and 5D992.c 

unless for Russian ‘‘government end 

users’’ and Russian state-owned 

enterprises (SoEs). Because the RussiaMilitary End User FDP rule includes 

‘‘software’’ and ‘‘technology’’ in ECCNs 

in Categories 0, 1 and 2 (in addition to 

the other 7 categories of the CCL), the 

likelihood that EAR99 food and 

medicine foreign direct products could 

be subject to the EAR increases. To the 

extent that the direct product of ECCN 

0, 1, and 2 may encompass EAR99 food 

or medicine, this rule exempts those 

items from the license requirement. For 

the same reasons noted above in 

connection with paragraph (a)(2), this 

final rule also uses the phrase ‘any 

destination.’ 

4. Countries Excluded From Certain 

Russia License Requirements Under 

Section 746.8 

This final rule also adds a new 

paragraph § 746.8(a)(4) (Exclusion from 

license requirements under paragraphs 

(a)(2) and (3)) to identify countries that 

BIS has determined are committed to 

implementing substantially similar 

export controls as part of their domestic 

sanctions against Russia. These 

countries warrant full or partial 

exclusions, as appropriate, from the 

requirements set forth under paragraphs 

(a)(2) and (3) as identified in 

supplement No. 3 to part 746 (Russia 

Exclusions List). Similarly, this final 

rule adds new paragraph (a)(5) 

(Exclusion from scope of U.S.-origin 

controlled content under paragraph 

(a)(1)) to carve out certain content from 

the scope of U.S.-origin controlled 

content for de minimis purposes under 

supplement No. 2 to part 734 of the EAR 

when making a de minimis calculation 

for Russia. New paragraph (a)(5) 

specifies that the license requirements 

in paragraph (a)(1) of this section are not 

used to determine controlled U.S.-origin 

content in a foreign-made item, 

provided that: The U.S.-origin content is 

described in ECCNs that either specify 

only Anti-terrorism (AT) in the reason 

for controls paragraph of the ECCN or is 

classified under ECCN 9A991 and is 

included in the Scope column of the 

Russia Exclusions List; and the foreignmade item will be reexported or 

exported to Russia from a country in the 

Russia Exclusions List. 

As a conforming change, this final 

rule also revises supplement No. 2 to 

part 734—Guidelines for De Minimis 

Rules, by revising the third sentence of 

paragraph (a)(1), which specifies using 

the license requirements in part 746 for 

identifying U.S.-origin controlled 

content for de minimis content. This 

final rule adds a parenthetical phrase 

after part 746 to add the phrase 

‘‘excluding U.S.-origin content that 

meets the criteria in § 746.8(a)(5).’’ 

Excluded countries for purposes of 

§ 746.8 are identified in new 

supplement No. 3 to part 746— 

Countries Excluded from Certain Russia 

License Requirements, also known as 

the Russia Exclusions List. The new 

supplement includes three columns, 

identifying: (1) The countries for 

purposes of the exclusion under 

§ 746.8(a)(4) and (5); (2) the scope of the 

exclusion; and (3) the Federal Register 

document announcing the addition of 

such countries to the supplement. This 

final rule adds the twenty-seven 

countries of the European Union, 

Australia, Canada, Japan, New Zealand, 

and the United Kingdom, as the first 

countries in supplement No. 3 to part 

746. The introductory text of the Russia 

Exclusions List specifies that exclusions 

may be full or partial. If a partial 

exclusion applies, the applicable ECCNs 

will be described in the Scope column 

of list. 

5. Licensing Policy for Applications 

Required Under Section 746.8 

Under new § 746.8(b) (Licensing 

policy), applications for the export, 

reexport or transfer (in-country) of items 

that require a license under new 

paragraph (a)(1) and (2) will be 

reviewed, with certain limited 

exceptions, under a policy of denial. 

License applications for certain 

categories of exports, reexports, and 

transfers (in-country) will be reviewed 

on a case-by-case basis to determine 

whether the transaction would benefit 

the Russian government or defense 

sector. These categories are as follows: 

Applications related to safety of flight, 

maritime safety, to meet humanitarian 

needs, in support of government space 

cooperation, applications for companies 

headquartered in Country Groups A:5 

and A:6 to support civil 

telecommunications infrastructure, or 

involving government-to-government 

activities. In addition, applications for 

items destined to certain companies 

operating in Russia will be reviewed on 

a case-by-case basis if the companies 

are: (1) Wholly-owned U.S. subsidiaries; 

(2) foreign subsidiaries of U.S. 

companies that are joint ventures with 

other U.S. companies, (3) joint ventures 

of U.S. companies with companies 

headquartered in Country Group A:5 

and A:6 in supplement no. 1 to part 740 

countries, (4) wholly-owned 

subsidiaries of companies 

headquartered in Country Group A:5 

and A:6 in supplement no. 1 to part 740 

countries, or (5) joint ventures of 

companies headquartered in Country 

Group A:5 and A:6 with other 

companies headquartered in Country 

Groups A:5 and A:6. The case-by-case 

review policy does not apply to 

Russian-headquartered companies. This 

final rule also specifies in paragraph (b) 


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that license applications required under 

paragraph (a)(3) will be reviewed under 

a policy of denial in all cases. 

6. License Exceptions for Section 746.8 

License Requirements 

Lastly, under new paragraph (c) 

(License Exceptions), this final rule 

specifies that certain license exceptions 

apply to § 746.8(a)(1) and (2). 

Specifically, the license exceptions that 

apply are: Certain sections of License 

Exception TMP for items for use by the 

news media, § 740.9(a)(9); License 

Exception GOV, § 740.11(b); License 

Exception TSU for software updates for 

civil end users provided those civil end 

users are subsidiaries or joint ventures 

of companies headquartered in the 

United States or a country or countries 

from Country Groups A:5 or A:6, 

§ 740.13(c); License Exception BAG, 

excluding firearms and ammunition 

(paragraph (e)), § 740.14; License 

Exception AVS, § 740.15 (a) and (b); 

License Exception ENC, excluding 

Russian ‘‘government end users’’ and 

Russian state owned enterprises (SOEs), 

§ 740.17; and License Exception CCD, 

§ 740.19. This final rule also specifies in 

paragraph (c) that no license exceptions 

may overcome the license requirements 

in paragraph (a)(3) except as specified in 

the Entity List entry for a Footnote 3 

entity on the Entity List in supplement 

no. 4 to part 744 of the EAR, which is 

consistent with the fact that entities on 

the Entity List are generally not eligible 

for license exceptions. 

B. New Russia and Russia-MEU FDP 

Rules 

In § 734.9 (Foreign-Direct Product 

(FDP) Rules), this final rule adds two 

new Foreign-Direct Product (FDP) rules 

as part of the new Russia sanctions. The 

first rule targets Russia as a destination, 

and the second targets Russian ‘military 

end users.’ 

1. Addition of Russia FDP Rule 

Through the Russia FDP rule set out 

in new paragraph (f) of § 734.9 of the 

EAR, this rule establishes that a foreignproduced item located outside the 

United States is subject to the EAR if it 

meets both the product scope in 

paragraph (f)(1) of this section and the 

destination scope in paragraph (f)(2). 

License requirements, license review 

policy, and license exceptions 

applicable to the foreign-produced items 

that are subject to the EAR pursuant to 

this paragraph (f) are identified in 

§ 746.8, described above. Product scope 

for the Russia FDP rule is defined in 

paragraph (f)(1)(i) (‘‘Direct product’’ of 

‘‘technology’’ or ‘‘software’’) and 

paragraph (f)(1)(ii) (‘‘Direct product’’ of 

a complete plant or major component of 

a plant). 

The criteria in paragraph (f)(1)(i) 

applies to a foreign-produced item that 

is not designated EAR99 and that is the 

‘‘direct product’’ of U.S.-origin 

‘‘technology’’ or ‘‘software’’ specified in 

any ECCN in product groups D or E in 

Categories 3, 4, 5, 6, 7, 8, or 9 of the 

CCL. The criteria in paragraph (f)(1)(ii) 

applies to a foreign-produced item that 

is not designated EAR99 and is 

produced by any plant or ‘major 

component’ of a plant that itself is a 

‘‘direct product’’ of U.S.-origin 

‘‘technology’’ or U.S.-origin ‘‘software’’ 

and specified in any ECCN in product 

groups D or E in Categories 3, 4, 5, 6, 

7, 8, or 9 of the CCL. This is an 

expansive list of ‘‘technology’’ and 

‘‘software,’’ which will result in many 

additional foreign-produced items being 

considered ‘‘subject to the EAR’’ 

compared to the other existing FDP 

rules that applied to Russia prior to the 

publication of this rule. The additional 

foreign-produced items that will be 

‘‘subject to the EAR’’ will be subject to 

the new license requirements imposed 

through this rule under the Sanctions 

against Russia (new § 746.8), as 

described above. 

For a foreign-produced item to be 

subject to the EAR under the Russia FDP 

rule, the criteria in new § 734.9(f)(2) 

(Destination scope of the Russia FDP 

rule) must also be met. New paragraph 

(f)(2) specifies that a foreign-produced 

item meets the destination scope of the 

Russia FDP rule if there is ‘‘knowledge’’ 

that the foreign-produced item is 

destined to Russia, or will be 

incorporated into, or used in the 

‘‘production’’ or ‘‘development’’ of any 

‘‘part,’’ ‘‘component,’’ or ‘‘equipment’’ 

not designated EAR99 and produced in 

or destined to Russia. 

2. Addition of Russia-Military End User 

(Russia-MEU) FDP Rule 

The Russia-MEU FDP rule set forth in 

new paragraph (g) targets Russian 

‘military end users’ that, as described 

below, previously were on the MEU List 

and are being removed from the MEU 

List and added to the Entity List in 

Supplement No. 4 to part 744 of the 

EAR in this final rule. To address the 

significant support that these ‘military 

end users’ provide to the Russian 

military, a new and more expansive FDP 

rule is warranted for these identified 

‘military end users’ under the EAR 

compared to the FDP rules that apply to 

certain destinations under the EAR. 

This final rule adds a new paragraph (g) 

to impose this new FDP rule targeting 

these Russian ‘military end users.’ A 

foreign-produced item located outside 

the United States is subject to the EAR 

if it meets both the product scope in 

paragraph (g)(1) of § 734.9 and the 

destination scope in paragraph (g)(2). 

License requirements, license review 

policy, and license exceptions 

applicable to the foreign-produced items 

that are subject to the EAR pursuant to 

paragraph (g), which are now identified 

in § 746.8, are described above. 

This final rule adds paragraph (g)(1)(i) 

(‘‘Direct product’’ of ‘‘technology’’ or 

‘‘software’’) and paragraph (g)(1)(ii) 

(‘‘Direct product’’ of a complete plant or 

major component of a plant) to define 

the product scope for the Russia-MEU 

FDP rule. The criteria in paragraph 

(g)(1)(i) extends to the ‘‘direct product’’ 

of ‘‘technology’’ or ‘‘software’’ subject to 

the EAR and specified in any ECCN in 

product groups D or E in any category 

of the CCL. Paragraph (g)(1)(ii) applies 

to a foreign-produced item that is 

produced by a plant or ‘major 

component’ of a plant that itself is a 

‘‘direct product’’ of U.S.-origin 

‘‘technology’’ or U.S.-origin ‘‘software’’ 

subject to the EAR and specified in any 

ECCN in product groups D or E in any 

category of the CCL, which is an 

expansive list of ‘‘technology’’ and 

‘‘software.’’ This will result in many 

additional foreign-produced items being 

considered ‘‘subject to the EAR’’ 

compared to the other existing FDP 

rules that applied to these Russian 

‘military end users’ prior to the 

publication of this rule. The additional 

foreign-produced items that will be 

‘‘subject to the EAR’’ will be subject to 

the new license requirements being 

imposed as part of the sanctions against 

Russia set forth in new § 746.8. 

For a foreign-produced item to be 

subject to the EAR, the criteria in new 

paragraph (g)(2) (End-user scope of the 

Russia MEU FDP rule) must be met. 

New paragraph (g)(2) specifies that a 

foreign-produced item meets the 

destination scope of the Russia MEU 

FDP rule if there is ‘‘knowledge’’ as 

specified in new paragraph (g)(2)(i) 

(Activities involving Footnote 3 

designated entities) that a foreignproduced item will be incorporated 

into, or will be used in the ‘‘production’’ 

or ‘‘development’’ of any ‘‘part,’’ 

‘‘component,’’ or ‘‘equipment’’ 

produced, purchased, or ordered by any 

entity with a footnote 3 designation in 

the license requirement column of the 

Entity List in supplement No. 4 to part 

744 of the EAR. 

In a corresponding change, this final 

rule adds a new footnote 3 to the Entity 

List for each of the Russian ‘military end 

users’ that are being removed from the 

MEU List and added to the Entity list as 

described below. The new footnote 3 to 


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the Entity List is a key part of the 

criteria for the Russia-MEU FDP rule 

and will include a cross reference back 

to §§ 734.9(g), 746.8, and 744.21. With 

the changes described below, forty-five 

entities on the Entity List now have a 

footnote 3 designation, as well as two 

additional entities being added to the 

Entity List and two existing entities that 

are being revised in this rule that will 

also have the footnote 3 designation, for 

a total of forty-nine entities with a 

footnote 3 designation. As specified in 

new paragraph (g)(2) of § 734.9, any 

entity with a footnote 3 designation in 

the license requirement column of the 

Entity List is a party to any transaction 

involving the foreign-produced item, 

e.g., as a ‘‘purchaser,’’ ‘‘intermediate 

consignee,’’ ‘‘ultimate consignee,’’ or 

‘‘end-user.’’ A new Note 3 to paragraph 

(g) specifies that for purposes of 

paragraph (g), a ‘military end user’ is 

any entity listed on the Entity List under 

Russia with a footnote 3 designation. 

C. Conforming Changes 

Based on the foregoing changes to the 

EAR, this final rule also makes certain 

conforming changes to the Russia 

industry sector sanctions in 

§ 746.5(a)(1); the Commerce Country 

Chart in supplement No. 1 to part 738; 

the Consumer Communication Devices 

license exceptions in § 740.19; and 

certain licensing review policies in part 

742. In addition, this rule makes a 

correction to the Entity List FDP rule in 

§ 734.9(e). 

1. Russia Industry Sector Sanctions 

Changes 

Under § 746.5 (Russian industry 

sector sanctions), this final rule revises 

paragraph (a)(1) (General prohibition) to 

make clarifying edits and add a cross 

reference to new § 746.8. As this 

paragraph specifies that there are other 

provisions of the EAR that apply to 

exports, reexports, and transfers (incountry) to Russia, a reference to the 

new sanctions against Russia in § 746.8 

is needed to remind exporters, 

reexporters, and transferors to also look 

at § 746.8 when determining whether a 

license is required. This final rule also 

revises the text to remove the reference 

to Section 6 of the Export 

Administration Act of 1979 as this 

reference is outdated with the passage of 

the Export Control Reform Act of 2018 

(ECRA), and a statutory reference is not 

necessary. This final rule also corrects 

the web address referenced in 

supplement No. 2 to part 746—Russian 

Industry Sector Sanction List to use the 

current web address being used by the 

U.S. Census Bureau regarding Schedule 

B information. 

2. Commerce Country Chart Change 

In supplement No. 1 to part 738— 

Commerce Country Chart, as a 

conforming change to the addition of 

new § 746.8, this final rule revises 

footnote 6 to add a reference to § 746.8, 

so exporters, reexporters, and 

transferors are aware of the need to also 

review license requirements in § 746.8 

for items listed in any ECCN in 

Categories 3, 4, 5, 6, 7, 8, or 9 of the 

CCL. 

3. License Exception CCD Changes 

This final rule amends License 

Exception CCD (§ 740.19), which was 

previously limited to Cuba, by adding 

Russia as an additional eligible 

destination. While § 740.1(a) specifies 

that any license exception authorizing 

reexports also authorizes in-country 

transfers, provided the terms and 

conditions for reexports under that 

license exception are met, this final rule 

revises § 740.19 to add explicit 

references to transfers (in-country). BIS 

is making this clarification because new 

§ 746.8 imposes controls on transfers 

(in-country) within Russia. 

In § 740.19(a) (Authorizations), this 

rule adds Russia and a reference to 

transfers (in-country). Under the 

introductory text of paragraph (b) 

(Eligible commodities and software), 

this rule adds Russia and a reference to 

transfers (in-country) and removes an 

outdated reference to Sudan. Finally, 

under paragraph (c)(1) (Organizations), 

this final rule revises paragraph (c)(1)(i), 

which identifies eligible end users for 

License Exception CCD, to add Russia 

and a reference to transfers (in-country). 

The revision to paragraph (c)(1)(i) 

specifies that License Exception CCD is 

limited to the export, reexport, or 

transfer (in-country) of eligible 

commodities and software to and for the 

use of independent non-governmental 

organizations in Russia. This final rule 

further adds the Russian Government to 

the exclusions under paragraph (c)(1)(ii) 

and adds a new paragraph (c)(1)(iii) 

(Ineligible Russian Government 

Officials) to exclude the specified 

officials from receiving commodities 

and software under License Exception 

CCD. Only the end users named as 

eligible in paragraph (c) may receive the 

commodities and software eligible 

under License Exception CCD. This rule 

also amends paragraph (c)(2) as a 

correction and clarification, to state that 

License Exception CCD authorizes 

exports, reexports and transfers (incountry) to individuals. 

When License Exception CCD was 

initially added to the EAR in 2009, the 

text of this paragraph only referenced 

exports. However, a reading of 

paragraph (a) of the license exception 

and the preamble to the rule that added 

the license exception to the EAR 

indicates that License Exception CCD 

was intended to authorize both exports 

and reexports to individuals. See 74 FR 

45985 at 45987 (9/8/2009). The addition 

of transfer (in-country) will clarify that 

the authorization applies not only to 

reexports, but also to transfers (incountry). 

4. Part 742 (Control Policy—CCL Based 

Controls) Changes 

In part 742, as conforming changes to 

the license review policy of denial 

added under paragraph (b) to new 

§ 746.8, this final rule makes changes to 

license review policies in five sections: 

742.2 (Proliferation of chemical and 

biological weapons), 742.3 (Nuclear 

nonproliferation), 742.4 (National 

security), 742.5 (Missile technology), 

and 742.6 (Regional stability). 

Under § 742.2, this final rule revises 

the second sentence of paragraph (b)(4) 

to change the license review policy from 

presumption of denial to policy of 

denial. This final rule adds two 

additional sentences to clarify that 

certain items, such as items to Russia in 

support of U.S.-Russia civil space 

cooperation activities, are reviewed on a 

case-by-case basis as specified under 

§ 746.8(b). 

In both §§ 742.3 and 742.5, this final 

rule revises the second sentence of 

paragraph (b)(4) to change the license 

review policy from presumption of 

denial to policy of denial. For these 

sections, this final rule also revises the 

third sentence to remove the reference 

to commercial space launches from the 

case-by-case license review policy, and 

adds a cross reference to the license 

review policy under § 746.8(b). 

Under § 742.4, this final rule revises 

the third sentence of paragraph (b)(7)(i) 

to remove the reference to Russia 

because the license review policy set 

forth in the paragraph will no longer 

apply to Russia. This final rule also 

adds a new paragraph (b)(9), which 

states that all applications for Russia 

will be reviewed in accordance with the 

licensing policy set forth in § 746.8(b). 

Under § 742.6, this final rule revises 

paragraph (b)(8) to remove the reference 

to Russia because the license review 

policy set forth in the paragraph will no 

longer apply to Russia. This final rule 

also adds a new paragraph (b)(9), 

specifying that all applications for 

Russia will be reviewed in accordance 

with the licensing policy set forth in 

§ 746.8(b). Finally, to establish that 

license applications for export, reexport 

or transfer (in-country) to or within 


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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 12231 

Russia will also be reviewed in 

accordance with the foreign policy 

interest of promoting the observance of 

human rights throughout the world and 

consistent with United States arms 

embargo policies in § 126.1 of the ITAR 

(22 CFR 126.1), this final rule adds text 

to new paragraph (b)(9) to carry over 

certain portions of the preexisting 

license review policy for Russia under 

paragraph (b)(8). 

5. Entity List FDP Rule Correction 

On February 2, 2022, BIS published a 

rule in the Federal Register entitled 

‘‘Foreign-Direct Product Rules: 

Organization, Clarification, and 

Correction’’ (87 FR 6022), which 

contained an error. In § 734.9(e), BIS 

unintentionally omitted the term ‘‘U.S.- 

origin’’ in the phrase ‘‘ ‘‘direct product’’ 

of ‘‘technology’’ or ‘‘software’’ subject to 

the EAR.’’ With this final rule, BIS fixes 

that error by reinserting ‘‘U.S.-origin’’ in 

‘‘ ‘‘direct product’’ of ‘‘U.S.-origin’’ 

‘‘technology’’ or ‘‘U.S.-origin’’ 

‘‘software’’.’’ Lastly, as clarification for 

purposes of the new Russia-Military 

End User FDP rule that this rule adds to 

§ 734.9(g), as described above, BIS did 

not intend to include ‘‘U.S.-origin’’ for 

purposes of paragraph (g)(1)(i), but did 

intend its inclusion in paragraph 

(g)(1)(ii), as well as in new paragraphs 

(f)(1)(i) and (ii) for the Russia FDP rule. 

This final rule, thus, makes clarifying 

revisions to § 734.9. 

D. Changes to ‘Military End Use’ and 

‘End User’ Controls for Russia 

This final rule revises the scope of the 

‘military end use’ and ‘military end 

user’ controls under § 744.21 of the EAR 

to reflect the expanded controls for 

Russia, which, with the publication of 

this final rule, apply to all items 

‘‘subject to the EAR’’ instead of to the 

narrower subset of items identified in 

supplement no. 2 to part 744. As a result 

of the expanded controls for Russia for 

‘military end users’ and ‘military end 

uses,’ BIS is revising the Entity List in 

supplement No. 4 to part 744 and the 

Military End-User (MEU) List in 

supplement no. 7 to the same part to 

make conforming changes. Accordingly, 

this final rule revises § 744.21 

paragraphs as follows to reflect the 

expanded ‘military end use’ and 

‘military end user’ controls for Russia: 

In paragraph (a), this final rule revises 

the first sentence to remove Russia from 

the part of the sentence that specifies 

the prohibition applies to the countries 

listed. This final rule further revises that 

first sentence to add, after Venezuela, 

the phrase ‘‘or any item subject to the 

EAR except for food or medicine 

designated as EAR99, or ECCN 5A992.c 

and 5D992.c unless for Russian 

‘‘government end users’’ and Russian 

state-owned enterprises (SoEs) to 

Russia’’ to specify that the prohibition is 

broader for Russia than it is for the other 

countries subject to the requirements of 

§ 744.21. 

BIS is revising paragraph (b)(1) 

(‘Military End-User’ (MEU) List) to 

provide guidance for entities on the 

MEU List and for Russian entities 

placed on the Entity List based on 

§ 744.21(b). Because the prior 

requirements of the MEU List were 

limited to items identified in 

supplement no. 2 to part 744 and the 

Russia-MEU restrictions now apply to 

all items subject to the EAR as a 

consequence of the publication of this 

rule, BIS is removing Russian entities 

that were listed on the MEU List prior 

to this rule and placing them instead on 

the Entity List. This change is consistent 

with the regulatory construct for these 

two proscribed persons lists under the 

EAR (i.e., the MEU List restrictions 

apply to items identified in supplement 

no. 2 to part 744 and the Entity List 

restrictions, in most cases, apply to all 

items subject to the EAR). This final rule 

removes the references to Russia in the 

context of the MEU List and specifies 

that such entities may be added to 

supplement No. 4 of part 744—the 

Entity List—and are subject to license 

requirements that apply to all items 

‘‘subject to the EAR’’ except for food or 

medicine designated as EAR99, or ECCN 

5A992.c and 5D992.c unless for Russian 

‘‘government end users’’ and Russian 

state-owned enterprises (SoEs). 

As conforming changes regarding the 

End-User Review Committee (ERC) 

processes for the MEU List, this final 

rule revises paragraph (b)(1)(i) (EndUser Review Committee (ERC)) to add 

references to the Entity List when the 

MEU List is referenced for the 

procedures in supplement No. 5 to part 

744—Procedures for End-User Review 

Committee Entity List and ‘Military End 

User’ (MEU) List Decisions. This change 

is made to clarify that the ERC 

procedure for adding entities to the 

MEU List also apply to additions, 

modifications and removals from the 

Entity List for entities added based on 

§ 744.21 of the EAR. 

Under paragraph (b)(1)(ii) (License 

requirements for parties to the 

transaction), this final rule revises the 

paragraph to clarify that the license 

requirements for Burma, Cambodia, the 

People’s Republic of China, and 

Venezuela continue to apply for exports, 

reexports, and transfers (in-country) of 

any item specified in supplement no. 2 

to part 744 when an entity included on 

the MEU List or meeting the definition 

of ‘military end-user’ as defined in 

§ 744.21(g) is a party to the transaction 

as described in § 748.5(c) through (f) of 

the EAR. This final rule also revises 

paragraph (b)(1)(ii) to add a sentence to 

clarify that, for purposes of Russia, a 

license requirement applies to all items 

subject to the EAR for entities listed in 

supplement No. 4 to part 744 (the Entity 

List) pursuant to § 744.21 when such an 

entity is a party to the transaction as 

described in § 748.5(c) through (f) of the 

EAR. These changes are necessary 

because, with the publication of this 

final rule, the license requirements for 

Russia will now be broader than for the 

other four countries. 

Under paragraph (b)(2) (Requests for 

removal from or modification of 

‘Military End User’ List (MEU)), this 

final rule revises the heading to add a 

reference to the Entity List. This final 

rule also adds two more references to 

the Entity List in this paragraph to 

specify that the process for requesting 

removal or modification is the same for 

entities listed on the MEU List or the 

Entity List on the basis of § 744.21 of the 

EAR. 

Under paragraph (e) (License review 

standards), this final rule revises the 

existing license review policy in 

paragraph (e)(1) to make it specific to 

Burma, Cambodia, the People’s 

Republic of China (China), and 

Venezuela. This final rule adds a new 

sentence to paragraph (e)(1) to specify 

that the license review policy for 

application to or within Russia for the 

license requirements described in 

paragraph (a) will be a policy of denial. 

Under paragraph (g) (‘Military end 

user’), the final rule makes a correction 

to add back the parenthetical phrase 

‘‘(excluding those described in 

§ 744.22(f)(2) of the EAR)’’ after the term 

government intelligence or 

reconnaissance organizations. This text 

was inadvertently removed from the 

EAR in a December 9, 2021 (86 FR 

70018) final rule. 

BIS estimates these changes to 

§ 744.21 will result in an additional 75 

license applications being submitted to 

BIS annually. 

E. Military End-User (MEU) List and 

Entity List Changes for Russian Entities 

Under § 744.11(b) (Criteria for 

revising the Entity List), 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 that are contrary 

to the national security or foreign policy 

interests of the United States, and those 

acting on behalf of such entities, may be 


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12232 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 

added to the Entity List. Paragraphs 

(b)(1) through (5) of § 744.11 provide an 

illustrative list of activities that could be 

considered contrary to the national 

security or foreign policy interests of the 

United States. The Entity List in 

supplement no. 4 to part 744 identifies 

the entities so designated. The EAR 

impose additional license requirements 

on, and limit the availability of most 

license exceptions for, exports, 

reexports, and transfers (in-country) 

when an entity that is listed on the 

Entity List is a party to the transaction 

as described in § 748.5(c) through (f) of 

the EAR. 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 adding entities 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 MEU List in supplement no. 7 to 

part 744 identifies entities that have 

been determined by the End-User 

Review Committee (ERC) to be ‘military 

end users’ pursuant to § 744.21. That 

section imposes additional license 

requirements on, and limits the 

availability of most license exceptions 

for, exports, reexports, and transfers (incountry) when an entity listed on the 

MEU List is a party to the transaction as 

described in § 748.5(c) through (f) of the 

EAR, as specified in supplement no. 7 

to part 744 and in § 744.21. Entities are 

listed on the MEU List under the 

destinations of Burma, Cambodia, 

China, or Venezuela. The license review 

policy for each listed entity is identified 

in the introductory text of the MEU List 

and in § 744.21(e). The MEU List’s 

introductory text and § 744.21 also 

specify the scope of the license 

requirements and limitations on the use 

of EAR license exceptions. 

The 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 and the MEU List. The 

ERC makes all decisions to add an entry 

to the Entity List or MEU List by 

majority vote and all decisions to 

remove or modify an entry by 

unanimous vote. Decisions on Entity or 

MEU List entries may also be made by 

higher-level officials of agencies 

represented on the ERC. 

1. Additions to the Entity List 

This rule implements the decision of 

the Departments represented on the ERC 

to add forty-seven entities to the Entity 

List, consisting of the forty-five entities 

being moved from the MEU List to the 

Entity List and an additional two 

entities that are newly listed in the EAR. 

The agencies represented on the ERC 

made the decision to move the forty-five 

entities identified below from the MEU 

List to the Entity List pursuant to the 

standards set forth in §§ 744.11(b) and 

744.21(b) (including the revisions made 

in this final rule to the scope of the 

latter section) of the EAR. Under the 

circumstances of the Russia invasion of 

the Ukraine, there is a greater national 

security and foreign policy threat posed 

by entities that have previously been 

found to be supporting ‘military end 

uses’ in Russia. The ERC used the same 

standards set forth in §§ 744.11(b) and 

744.21(b) to approve the additional two 

entities being added to the Entity List. 

These forty-seven entities are ‘military 

end users’ under the EAR. The license 

requirements that will apply to them as 

a consequence of their addition to the 

Entity List will further limit their ability 

to obtain items subject to the EAR or 

obtain the benefit of technology or 

software subject to the EAR when 

supporting military activities outside of 

Russia in a manner contrary to U.S. 

national security or foreign policy 

interests. 

One of the forty-five entities being 

moved from the MEU List to the Entity 

List, described further below, is the 

Ministry of Defence of the Russian 

Federation, including the Armed Forces 

of Russia and all operating units 

wherever located. This entity was listed 

as the Ministry of Defence RF on the 

MEU List, but will be listed on the 

Entity List under its full name, Ministry 

of Defence of the Russian Federation, in 

this final rule. The entry this rule adds 

for the Ministry of Defence of the 

Russian Federation includes the 

national armed services (army, navy, 

marine, air force, or coast guard), as well 

as the national guard and national 

police, government intelligence or 

reconnaissance organizations of the 

Russian Federation. In addition, this 

entry restricts exports, reexports and 

transfers (in-country) to the national 

armed services (army, navy, marine, air 

force, or coast guard), as well as the 

national guard and national police, 

government intelligence or 

reconnaissance organizations of Russia 

wherever located worldwide. 

As a result of the changes to § 744.21 

described in this final rule, the license 

requirements for ‘military end users’ in 

Russia, now apply to all items ‘‘subject 

to the EAR,’’ except for food or 

medicine designated as EAR99, or ECCN 

5A992.c and 5D992.c unless for Russian 

‘‘government end users’’ and Russian 

state-owned enterprises (SoEs). 

Accordingly, the agencies represented 

on the ERC decided to add forty-five 

entities to the Entity List. As part of this 

ERC review effort, the ERC also 

determined that the additional two 

entities should be added to the Entity 

List because they are ‘military end 

users.’ The license requirements of the 

MEU List are limited to items identified 

in supplement no. 2 to part 744. 

Therefore, the agencies represented on 

the ERC determined that the MEU List 

was no longer the appropriate 

supplement of the EAR in which to list 

these forty-five ‘military end users’ in 

Russia and that, for the additional two 

entities being added, the public would 

benefit from their identification on the 

Entity List as ‘military end users.’ 

The forty-five entities being moved 

from the MEU List to the Entity List are: 

Admiralty Shipyard JSC; Aleksandrov 

Scientific Research Technological 

Institute NITI; Argut OOO; 

Communication Center of the Ministry 

of Defence; Federal Research Center 

Boreskov Institute of Catalysis; Federal 

State Budgetary Enterprise of the 

Administration of the President of 

Russia; Federal State Budgetary 

Enterprise Special Flight Unit Rossiya of 

the Administration of the President of 

Russia; Federal State Unitary Enterprise 

Dukhov Automatics Research Institute 

(VNIIA); Foreign Intelligence Service 

(SVR); Forensic Center of Nizhniy 

Novgorod Region Main Directorate of 

the Ministry of Interior Affairs; Irkut 

Corporation; Irkut Research and 

Production Corporation Public Joint 

Stock Company; Joint Stock Company 

Scientific Research Institute of 

Computing Machinery; JSC Central 

Research Institute of Machine Building 

(JSC TsNIIMash); JSC Kazan Helicopter 

Plant Repair Service; JSC Rocket and 

Space Centre—Progress; KamenskUralsky Metallurgical Works J.S. Co.; 

Kazan Helicopter Plant PJSC; 

Komsomolsk-na-Amur Aviation 

Production Organization (KNAAPO); 

Ministry of Defence of the Russian 

Federation; Moscow Institute of Physics 

and Technology; NPO High Precision 

Systems JSC; NPO Splav JSC; 

Oboronprom OJSC; PJSC Beriev Aircraft 

Company; PJSC Irkut Corporation; PJSC 

Kazan Helicopters; POLYUS Research 

Institute of M.F. Stelmakh Joint Stock 

Company; Promtech-Dubna, JSC; Public 

Joint Stock Company United Aircraft 

Corporation; Radiotechnical and 


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Information Systems (RTI) Concern; 

Rapart Services LLC; Rosoboronexport 

OJSC (ROE); Rostec (Russian 

Technologies State Corporation); 

Rostekh—Azimuth; Russian Aircraft 

Corporation MiG; Russian Helicopters 

JSC; Sukhoi Aviation JSC; Sukhoi Civil 

Aircraft; Tactical Missiles Corporation 

JSC; Tupolev JSC; UEC-Saturn; United 

Aircraft Corporation; United Engine 

Corporation; and United Instrument 

Manufacturing Corporation. 

The ERC decided to add two new 

entities to the Entity List: The 

International Center for Quantum Optics 

and Quantum Technologies LLC, and SP 

Kvant. Both are being added, under the 

destination of Russia, to the Entity List 

for acquiring and attempting to acquire 

U.S.-origin items in support of nuclear 

explosive activities, unsafeguarded 

nuclear activities, and safeguarded and 

unsafeguarded nuclear fuel-cycle 

activities for Russia. The ERC 

determined that these activities are 

contrary to the national security and 

foreign policy interests of the United 

States under § 744.11(b) of the EAR. 

These two entities are considered 

‘military end-users’ for purposes of 

§ 744.21(b). 

Pursuant to §§ 744.11(b) and 744.21(b) 

of the EAR, the ERC determined that the 

conduct of the above-described fortyseven entities raises sufficient concerns 

that prior review, via the imposition of 

a license requirement for exports, 

reexports, or transfers (in-country), of all 

items subject to the EAR, except for food 

or medicine designated as EAR99 

involving these forty-seven entities is 

appropriate. This rule also excludes 

ECCN 5A992.c and 5D992.c from the 

license requirement involving eight of 

the entities being added that are not 

Russian ‘‘government end users’’ and 

Russian state-owned enterprises (SoEs). 

The ERC also determined that the 

possible issuance of license denials or 

the possible imposition of license 

conditions on shipments to these 

entities will enhance BIS’s ability to 

prevent violations of the EAR or 

otherwise protect U.S. national security 

or foreign policy interests. 

For the forty-seven entities added to 

the Entity List in this final rule, BIS 

imposes a license requirement that 

applies to all items subject to the EAR. 

BIS imposes a license review policy of 

denial for these forty-seven entities. In 

addition, no license exceptions are 

available for exports, reexports, or 

transfers (in-country) where the entities 

added to the Entity List in this rule are 

parties to the transaction as described in 

§ 748.5(c) through (f), with one 

exception. The United States 

Government authorization under 

License Exception GOV (§ 740.11(b)(2) 

and (e)) is available for two entities 

being added to the Entity List: JSC 

Central Research Institute of Machine 

Building (JSC TsNIIMash) and JSC 

Rocket and Space Centre—Progress. 

Also as described above under the 

description of § 734.9, this final rule 

adds new Footnote 3 to the Entity List 

for each of the forty-five Russian 

‘military end users’ that are being 

moved from the MEU List to the Entity 

list, as well as to the additional two 

entities added to the Entity List. New 

Entity List footnote 3 is part of the 

criteria for Russia-MEU FDP rule and 

will include a cross reference back to 

§§ 734.9(g) and 746.8. More entities may 

be added to Footnote 3 in the future. 

For the reasons described above, this 

final rule adds the following forty-seven 

entities to the Entity List. The two new 

entities added to the Entity List that 

were not previously on the MEU List are 

designated with an asterisk: 

RUSSIA 

• Admiralty Shipyard JSC; 

• Aleksandrov Scientific Research 

Technological Institute NITI; 

• Argut OOO; 

• Communication Center of the 

Ministry of Defence; 

• Federal Research Center Boreskov 

Institute of Catalysis; 

• Federal State Budgetary Enterprise of 

the Administration of the President of 

Russia; 

• Federal State Budgetary Enterprise 

Special Flight Unit Rossiya of the 

Administration of the President of 

Russia; 

• Federal State Unitary Enterprise 

Dukhov Automatics Research Institute 

(VNIIA); 

• Foreign Intelligence Service (SVR); 

• Forensic Center of Nizhniy Novgorod 

Region Main Directorate of the 

Ministry of Interior Affairs; 

• *International Center for Quantum 

Optics and Quantum Technologies 

LLC; 

• Irkut Corporation; 

• Irkut Research and Production 

Corporation Public Joint Stock 

Company; 

• Joint Stock Company Scientific 

Research Institute of Computing 

Machinery; 

• JSC Central Research Institute of 

Machine Building (JSC TsNIIMash); 

• JSC Kazan Helicopter Plant Repair 

Service; 

• JSC Rocket and Space Centre— 

Progress; 

• Kamensk-Uralsky Metallurgical 

Works J.S. Co.; 

• Kazan Helicopter Plant PJSC; 

Komsomolsk-na-Amur Aviation 

Production Organization (KNAAPO); 

• Ministry of Defence of the Russian 

Federation including the national 

armed services (army, navy, marine, 

air force, or coast guard), as well as 

the national guard and national 

police, government intelligence or 

reconnaissance organizations of the 

Russian Federation; 

• Moscow Institute of Physics and 

Technology; 

• NPO High Precision Systems JSC; 

• NPO Splav JSC; 

• Oboronprom OJSC; 

• PJSC Beriev Aircraft Company; 

• PJSC Irkut Corporation; 

• PJSC Kazan Helicopters; 

• POLYUS Research Institute of M.F. 

Stelmakh Joint Stock Company; 

• Promtech-Dubna, JSC; 

• Public Joint Stock Company United 

Aircraft Corporation; 

• Radiotechnical and Information 

Systems (RTI) Concern; 

• Rapart Services LLC; 

• Rosoboronexport OJSC (ROE); 

• Rostec (Russian Technologies State 

Corporation); 

• Rostekh—Azimuth; 

• Russian Aircraft Corporation MiG; 

• Russian Helicopters JSC; 

• *SP Kvant; 

• Sukhoi Aviation JSC; 

• Sukhoi Civil Aircraft; 

• Tactical Missiles Corporation JSC; 

• Tupolev JSC; 

• UEC-Saturn; 

• United Aircraft Corporation; 

• United Engine Corporation; and 

• United Instrument Manufacturing 

Corporation. 

The acronym ‘‘a.k.a.,’’ which is an 

abbreviation of ‘‘also known as,’’ is used 

in entries on the Entity List to identify 

aliases, thereby assisting exporters, 

reexporters, and transferors in 

identifying entities on the Entity List. 

2. Revision to the Entity List 

This rule implements a modification 

to two existing entries for ‘‘Federal 

Security Service (FSB)’’ and ‘‘Main 

Intelligence Directorate’’ that were both 

first added to the Entity List on January 

4, 2017 (82 FR 724). Specifically, this 

rule modifies the entry for these entities 

by adding a Footnote 3 designation as 

described above because these existing 

entities have also been determined by 

the ERC to be ‘military end users.’ 

3. Removals From the MEU List 

This rule removes the forty-five 

entities located in Russia that are 

described above from the MEU List. 

These forty-five entities were added to 

the MEU List in three final rules. One 

entry, for JSC Kazan Helicopter, was 

added to the MEU List on July 12, 2021 


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(86 FR 36509). One entry, for Moscow 

Institute of Physics and Technology, 

was added to the MEU List on 

November 26, 2021 (86 FR 67323). The 

remaining forty-three entries were 

added to the MEU List on December 23, 

2020 (85 FR 83799). As described above, 

the ERC determined to remove these 

forty-five entries from the MEU List and 

add them to the Entity List to reflect the 

new scope of the license requirements 

for military end users in Russia 

pursuant to § 744.21, which will now 

apply to all items ‘‘subject to the EAR’’ 

except for food or medicine designated 

as EAR99, or ECCN 5A992.c and 

5D992.c unless for Russian ‘‘government 

end users’’ and Russian state-owned 

enterprises (SoEs). The listing of entities 

added to the Entity List, above, without 

an asterisk is identical to the list of 

entities being removed from the MEU 

List. 

F. Comprehensive Export Restrictions 

for the Covered Regions of Ukraine; 

Conforming Revisions to Crimea Region 

of Ukraine Provisions 

1. Background on Need for These 

Changes 

On February 21, 2022, President 

Joseph Biden issued Executive Order 

(E.O.) 14065, finding that the Russian 

Federation (Russia)’s ‘‘purported 

recognition of the so-called Donetsk 

People’s Republic (DNR) or Luhansk 

People’s Republic (LNR) regions of 

Ukraine contradicts Russia’s 

commitments under the Minsk 

agreements and further threatens the 

peace, stability, sovereignty, and 

territorial integrity of Ukraine, and 

thereby constitutes an unusual and 

extraordinary threat to the national 

security and foreign policy of the United 

States.’’ E.O. 14065 builds upon and 

expands the scope of the national 

emergency declared by President Barack 

Obama in E.O. 13660 of March 6, 2014 

with respect to Russia’s actions 

involving Ukraine. Subsequent E.O.s, 

including E.O. 13661 of March 16, 2014, 

E.O. 13662 of March 20, 2014, and E.O. 

13685 of December 19, 2014, either 

expanded further or otherwise took 

additional steps under President 

Obama’s declaration of national 

emergency to address Russia’s 

destabilizing conduct. 

Section 10 of E.O. 14065 directs all 

executive departments and agencies of 

the United States to take all appropriate 

measures within their authority to 

implement the E.O. Section One of E.O. 

14065 prohibits ‘‘the exportation, 

reexportation, sale, or supply, directly 

or indirectly, from the United States, or 

by a United States person, wherever 

located, of any goods, services, or 

technology to the Covered Regions[.]’’ 

Consistent with and to implement this 

prohibition, BIS is expanding the 

restrictions in § 746.6 of the EAR, to 

apply to export, reexport, and incountry transfer transactions involving 

the so-called DNR and LNR regions of 

Ukraine (collectively, the Covered 

Regions). BIS initially promulgated the 

§ 746.6 restrictions consistent with and 

to implement E.O. 13685 of December 

19, 2014 (79 FR 77357), to which E.O. 

14065 is similar in scope, pursuant to 

which President Obama issued an 

export prohibition related to the Crimea 

region of the Ukraine, to address the 

Russian occupation of that region in 

2014. Consistent with and to implement 

this prohibition, BIS imposed new 

license requirements with respect to 

certain export, reexport, and in-country 

transfer transactions involving the 

Crimea region of Ukraine. (80 FR 4778, 

Jan. 29, 2015) 

In this rule BIS amends the EAR by 

imposing a license requirement for the 

export and reexport to the Covered 

Regions of Ukraine, and the transfer 

within the Covered Regions of Ukraine, 

of all items subject to the EAR, other 

than food and medicine designated as 

EAR99 and certain software for internetbased personal communications. For 

purposes of this rule, and consistent 

with E.O. 13685 and E.O. 14065, the 

term ‘Covered Regions of Ukraine’ 

includes the land territory in the DNR 

and LNR regions, as well as any 

maritime areas over which sovereignty, 

sovereign rights, or jurisdiction is 

claimed based on occupation of 

(Crimea), or purported sovereignty (DNR 

and LNR) over, those land territories. In 

addition to these substantive changes to 

§ 746.6 of the EAR, BIS is making 

organizational and related technical 

edits to account for these restrictions on 

the Covered Regions of Ukraine and to 

simplify § 746.6 and facilitate 

compliance with the provision’s 

requirements. 

This rule establishes a policy of 

denial for the review of applications 

involving all such exports or reexports 

to the Covered Regions of Ukraine and 

transfers within the Covered Regions of 

Ukraine, except with respect to items 

not exempt from the license 

requirement but authorized under the 

Department of the Treasury’s Office of 

Foreign Assets Control (OFAC) Ukraine 

related General Licenses (discussed in 

greater detail in the next paragraph), 

which BIS will review on a case-by-case 

basis. Certain license exceptions are 

available for exports or reexports to the 

Covered Regions of Ukraine or transfers 

within the Covered Regions of Ukraine, 

specifically, the same license exceptions 

currently available under § 746.6 of the 

EAR to the Crimea region of Ukraine. 

As stated above, license applications 

for exports, reexports or transfers 

authorized under OFAC General 

Licenses will be reviewed on a case-bycase basis. In conjunction with the 

issuance of E.O. 14065, OFAC issued six 

General Licenses (Ukraine General 

License numbers 17–22) to ensure that 

humanitarian and other related 

activities can continue in these regions. 

These General Licenses allow a shortterm wind down of activities, as well as 

for the export to the regions of food, 

medicine, and medical devices, and 

ensure personal remittances can 

continue to flow. They also allow 

telecommunications and internet 

services to remain operational, and mail 

services to continue, as well as allow 

international organizations to be able to 

provide aid to the people in the Covered 

Regions of Ukraine. 

This final rule includes a savings 

clause as described below. If an export, 

reexport or transfer (in-country) does 

not qualify for the savings clause 

described below but falls within the 

scope of OFAC’s Ukraine related 

General Licenses, an applicant may note 

this fact in its BIS license application 

either under block 24 or in a separate 

attachment. BIS will consider this fact 

as part of the license review process. 

As a reminder, the Donetsk People’s 

Republic and Luhansk People’s 

Republic are listed on the Entity List. A 

license applies for the export, reexport, 

and transfer (in-country) of all items 

subject to the EAR that are destined for 

these two entities. See 79 FR 42452 (July 

22, 2014) (‘‘Donetsk People’s Republic 

and Luhansk People’s Republic are both 

separatist organizations that operate in 

eastern Ukraine.’’). 

2. Revisions to the EAR for the Covered 

Regions of Ukraine; Conforming 

Revisions to Crimea Region of Ukraine 

Provisions 

To implement the changes described 

above, this final rule revises § 746.6 

(Crimea region of Ukraine and the 

Covered Regions of Ukraine) in part 746 

(Embargoes and Other Special Controls) 

of the EAR. The existing restrictions 

regarding Crimea are now located in 

paragraph (a)(1), and new paragraph 

(a)(2) imposes a license requirement for 

exports and reexports to the Covered 

Regions of Ukraine, and the transfer 

within the Covered Regions of Ukraine, 

of all items subject to the EAR, other 

than food and medicine designated as 

EAR99 and certain software that is 

necessary to enable the exchange of 

personal communications over the 


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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 12235 

internet. Such software must either be 

designated EAR99 or classified as mass 

market software under Export Control 

Classification Number (ECCN) 5D992.c 

of the EAR and must be widely available 

to the public at no cost to the user. The 

license review policy for Crimea is now 

located in paragraph (b)(1), and new 

paragraph (b)(2) specifies that the 

license review policy for the Covered 

Regions of Ukraine is a policy of denial, 

except for items authorized under 

OFAC’s Ukraine related General 

Licenses which will be reviewed on a 

case-by-case basis. 

The amendments to § 746.6 of this 

rule do not change the license 

requirements or available license 

exceptions for the Crimea region of 

Ukraine. However, this rule amends the 

licensing policy, as set forth in new 

paragraph (b), from a presumption of 

denial to a policy of denial, to 

harmonize the license review policy for 

the Crimea region of Ukraine with the 

more restrictive policy of denial that 

applies to the Covered Regions of 

Ukraine given the significant national 

security and foreign policy concerns 

related to those areas. 

Paragraph (c) specifies the license 

exceptions that are available to 

overcome the license requirements set 

forth in this section with respect to 

either the Crimea region of Ukraine or 

the Covered Regions of Ukraine. No 

license exceptions other than those 

license exceptions (or paragraphs of 

license exceptions) listed in paragraph 

(c) are available to overcome the license 

requirements of § 746.6 of the EAR. New 

paragraph (d) defines the terms ‘Covered 

Regions of Ukraine’ and ‘software 

necessary to enable the exchange of 

personal communications over the 

internet’ for purposes of this provision. 

The license requirements imposed 

under part 746 of the EAR are 

independent of the Commerce Control 

List (CCL)-based license requirements. 

However, this rule revises the cross 

reference to § 746.6 by revising footnote 

8 to the Commerce Country Chart in 

supplement No. 1 to part 738. This 

footnote 8 makes persons aware of the 

additional part 746 license requirements 

under § 746.6 that apply for the ‘Crimea 

region of Ukraine and the Covered 

Regions of Ukraine.’ When applying for 

a license to the Crimea region of 

Ukraine or the Covered Regions of 

Ukraine, applicants should select 

‘Crimea, DNR, and LNR regions’ in the 

drop-down menu option under the 

country of Ukraine in the Simplified 

Network Application Processing System 

(SNAP–R). 

This final rule, as a conforming 

change to the addition of § 746.6 and the 

restrictions under paragraph (c), adds 

‘the Covered Regions of Ukraine’ to the 

general restriction on the use of license 

exceptions in § 740.2 of the EAR for 

sanctioned countries by revising the 

parenthetical phrase ‘‘(Cuba, Iran, North 

Korea, Syria, and Crimea region).’’ This 

final rule adds ‘the Covered Regions of 

Ukraine’ to this parenthetical phrase 

because the license requirements under 

§ 746.6 apply to all items subject to the 

EAR, and the only license exceptions 

available to overcome the license 

requirement are those specified in 

§ 746.6. 

In addition to the EAR controls that 

this final rule is adding to § 746.6, 

exporters, reexporter and transferors 

will also be required to ensure that any 

transaction with Crimea and ‘the 

Covered Regions of Ukraine’ occurs in 

accordance with all applicable OFAC 

requirements. BIS and OFAC both 

exercise licensing jurisdiction for the 

Crimea region of Ukraine and for ‘‘the 

Covered Regions of Ukraine,’’ so for 

most exports, reexports and transfers 

(in-country), an authorization will be 

required from both BIS and OFAC. 

Lastly, this final rule revises the 

definition of ‘‘Food’’ in § 772.1 to 

include a reference to ‘the Covered 

Regions of Ukraine’ along with North 

Korea, Syria, and Crimea that are 

referenced in the definition. BIS 

estimates that these new controls for the 

§ 746.6 will result in an additional 20 

license applications being submitted to 

BIS annually. 

G. Russia: Amendments to Supplement 

No. 1 to Part 740 of the EAR Consistent 

With the ITAR § 126.1 

In supplement no. 1 to part 740, this 

final rule updates the Country Group 

designation for Russia to reflect its 

identification by the Department of 

State as a country subject to a United 

States arms embargo. BIS harmonizes 

the arms embargo-related provisions in 

the EAR with the Directorate of Defense 

Trade Control’s (DDTC’s) regulation of 

arms embargoes in § 126.1 of the 

International Traffic in Arms 

Regulations (ITAR) (22 CFR 126.1, 

Prohibited Exports, Imports, and Sales 

to or from Certain Countries). ITAR 

§ 126.1 includes countries subject to 

United Nations Security Council 

(UNSC) and U.S. arms embargoes. BIS 

primarily implements such controls 

through Country Group D:5 ‘‘U.S. Arms 

Embargoed Countries,’’ in supplement 

no. 1 to part 740 of the EAR. With this 

rule, BIS revises Country Group D to 

add Russia to Country Group D:5 

consistent with the Department of 

State’s amendments adding this country 

to ITAR § 126.1 on March 18, 2021 (86 

FR 14802). 

Countries listed in Country Group D:5 

are subject to additional restrictions in 

the EAR, including with respect to de 

minimis U.S. content, license exception 

availability, and licensing policy for 

certain items. For example, license 

applications for the export or reexport of 

items classified under 9x515 or ‘‘600 

series’’ Export Control Classification 

Numbers (ECCNs) to countries in 

Country Group D:5 are reviewed 

consistent with the policies in § 126.1 of 

the ITAR, as provided in paragraph 

(b)(1)(ii) of § 742.4 of the EAR. 

Savings Clause 

For the sanctions against Russia 

added under § 746.8(a)(2) and (3), 

shipments of items removed from 

eligibility for a License Exception or 

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 

March 26, 2022, pursuant to actual 

orders for reexport, or transfer (incountry) to or within a foreign 

destination, may proceed to that 

destination under the previous 

eligibility for a License Exception or 

reexport or transfer (in-country) without 

a license (NLR). 

For all other 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 February 24, 

2022, 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). 

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) (codified, as amended, at 50 

U.S.C. Sections 4801–4852). ECRA 

provides the legal basis for BIS’s 

principal authorities and serves as the 

authority under which BIS issues this 

rule. To the extent it applies to certain 

activities that are the subject of this rule, 

the Trade Sanctions Reform and Export 

Enhancement Act of 2000 (TSRA) 

(codified, as amended, at 22 U.S.C. 


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Sections 7201–7211) also serves as 

authority for this rule. This action also 

implements measures pursuant to the 

International Emergency Economic 

Powers Act, 50 U.S.C. 1701 et seq., and 

the emergency expanded upon by 

Executive Order 14065 of February 21, 

2022. 

Rulemaking Requirements 

1. This final rule is not a ‘‘significant 

regulatory action’’ because it 

‘‘pertain[s]’’ to a ‘‘military or foreign 

affairs function of the United States’’ 

under sec. 3(d)(2) of Executive Order 

12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person 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 rule involves the following 

OMB-approved collections of 

information subject to the PRA: 0694– 

0088, ‘‘Multi-Purpose Application,’’ 

which carries a burden hour estimate of 

29.6 minutes for a manual or electronic 

submission; 0694–0096 ‘‘Five Year 

Records Retention Period,’’ which 

carries a burden hour estimate of less 

than 1 minute; and 0607–0152 

‘‘Automated Export System (AES) 

Program,’’ which carries a burden hour 

estimate of 3 minutes per electronic 

submission. This rule changes the 

respondent burden under these control 

numbers by increasing the estimated 

number of submissions by 2,445. 

Specifically, BIS estimates that these 

new controls on Russia under the EAR 

will result in an increase of 2,445 

license applications submitted annually 

to BIS. BIS estimates the burden hours 

associated with these collections would 

increase by 1,247 (i.e., 2,445 

applications × 30.6 minutes per 

response) for a total estimated cost 

increase of $37,410 (i.e., 1,247 hours × 

$30 per hour). The $30 per hour cost 

estimate for OMB control number 0694– 

0088 is consistent with the salary data 

for export compliance specialists 

currently available through 

glassdoor.com (glassdoor.com estimates 

that an export compliance specialist 

makes $55,280 annually, which 

computes to roughly $26.58 per hour). 

This increase is expected to exceed the 

existing estimates currently associated 

with OMB control numbers 0694–0088, 

but not for 0694–0096 and 0607–0152 

which have minimal burden increases 

as a result of this rule. Consistent with 

5 CFR 1320.13, BIS requested 

emergency clearance for an increase in 

the burden estimate under collection 

0694–0088 because of the additional 

license requirements imposed by this 

rule. OMB has approved the emergency 

collection for the increase in the total 

number of licenses. 

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 (50 

U.S.C. 4821) (ECRA), this action is 

exempt from the Administrative 

Procedure Act (APA) (5 U.S.C. 553) 

requirements for notice of proposed 

rulemaking, opportunity for public 

participation, and delay in effective 

date. While section 1762 of ECRA 

provides sufficient authority for such an 

exemption, this action is also 

independently exempt from these APA 

requirements because it involves a 

military or foreign affairs function of the 

United States (5. U.S.C. 553(a)(1)). 

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 

15 CFR Part 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research, Science and 

technology. 

15 CFR Parts 738 and 772 

Exports. 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR Part 746 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, parts 734, 738, 740, 742, 744, 

746, and 772 of the Export 

Administration Regulations (15 CFR 

parts 730 through 774) are amended as 

follows: 

PART 734—SCOPE OF THE EXPORT 

ADMINISTRATION REGULATIONS 

■ 1. The authority citation for 15 CFR 

part 734 continues 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.; E.O. 

12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 

950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 

Comp., p. 219; E.O. 13026, 61 FR 58767, 3 

CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 

223; Notice of November 10, 2021, 86 FR 

62891 (November 12, 2021). 

■ 2. Section 734.9 is amended as 

follows: 

■ a. In paragraph (e)(1)(ii), remove the 

text ‘‘ ‘‘direct product’’ of ‘‘technology’’ 

or ‘‘software’’ subject to the EAR’’ and 

add, in its place, the text ‘‘ ‘‘direct 

product’’ of U.S.-origin ‘‘technology’’ or 

‘‘software’’. 

■ b. Add paragraphs (f) and (g). 

The additions read as follows: 

§ 734.9 Foreign-Direct Product (FDP) 

Rules. 

* * * * * 

(f) Russia FDP rule. A foreignproduced item is subject to the EAR if 

it meets both the product scope in 

paragraph (f)(1) of this section and the 

destination scope in paragraph (f)(2) of 

this section. See § 746.8 of the EAR for 

license requirements, license review 

policy, and license exceptions 

applicable to foreign-produced items 

that are subject to the EAR pursuant to 

this paragraph (f). 

(1) Product scope of Russia FDP rule. 

The product scope applies if a foreignproduced item meets the conditions of 

either paragraph (f)(1)(i) or (ii) of this 

section. 

(i) ‘‘Direct product’’ of ‘‘technology’’ 

or ‘‘software.’’ A foreign-produced item 

meets the product scope of this 

paragraph (f)(1)(i) if the foreignproduced item is not designated EAR99 

and is a ‘‘direct product’’ of U.S.-origin 

‘‘technology’’ or ‘‘software’’ subject to 

the EAR that is specified in any ECCN 

in product groups D or E in Categories 

3, 4, 5, 6, 7, 8, or 9 of the CCL; or 

(ii) ‘‘Direct product’’ of a complete 

plant or ‘major component’ of a plant. 

A foreign-produced item, meets the 

product scope of this paragraph (f)(1)(ii) 

if the foreign-produced item is not 

designated EAR99 and is produced by 

any plant or ‘major component’ of a 

plant that is located outside the United 

States, when the plant or ‘major 

component’ of a plant, whether made in 

the United States or a foreign country, 

itself is a ‘‘direct product’’ of U.S.-origin 

‘‘technology’’ or ‘‘software’’ subject to 

the EAR that is specified in any ECCN 


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in product groups D or E in Categories 

3, 4, 5, 6, 7, 8, or 9 of the CCL. 

(2) Destination scope of the Russia 

FDP rule. A foreign-produced item 

meets the destination scope of this 

paragraph (f)(2) if there is ‘‘knowledge’’ 

that the foreign-produced item is 

destined to Russia or will be 

incorporated into or used in the 

‘‘production’’ or ‘‘development’’ of any 

‘‘part,’’ ‘‘component,’’ or ‘‘equipment’’ 

not designated EAR99 and produced in 

or destined to Russia. 

(g) Russia-Military End User FDP rule. 

A foreign-produced item is subject to 

the EAR if it meets both the product 

scope in paragraph (g)(1) of this section 

and the end-user scope in paragraph 

(g)(2) of this section. See § 746.8 of the 

EAR for license requirements, license 

review policy, and license exceptions 

applicable to foreign-produced items 

that are subject to the EAR pursuant to 

this paragraph (g). 

(1) Product Scope of Russia-Military 

End User FDP rule. The product scope 

applies if a foreign-produced item meets 

the conditions of either paragraph 

(g)(1)(i) or (ii) of this section. 

(i) ‘‘Direct product’’ of ‘‘technology’’ 

or ‘‘software.’’ A foreign-produced item 

meets the product scope of this 

paragraph (g)(1)(i) if the foreignproduced item is a ‘‘direct product’’ of 

‘‘technology’’ or ‘‘software’’ subject to 

the EAR and specified in any ECCN in 

product groups D or E in any categories 

of the CCL; or 

(ii) ‘‘Direct product’’ of a complete 

plant or ‘major component’ of a plant. 

A foreign-produced item meets the 

product scope of this paragraph (g)(1)(ii) 

if the foreign-produced item is produced 

by any plant or ‘major component’ of a 

plant that is located outside the United 

States, when the plant or ‘major 

component’ of a plant, whether made in 

the United States or a foreign country, 

itself is a ‘‘direct product’’ of U.S.-origin 

‘‘technology’’ or ‘‘software’’ subject to 

the EAR that is specified in any ECCN 

in product groups D or E in any 

categories of the CCL. 

(2) End-user scope of the Russia 

‘Military End User’ FDP rule. A foreignproduced item meets the end-user scope 

of this paragraph (g)(2) if there is 

‘‘knowledge’’ that: 

(i) Activities involving footnote 3 

designated entities. The foreignproduced item will be incorporated 

into, or used in the ‘‘production’’ or 

‘‘development’’ of any ‘‘part,’’ 

‘‘component,’’ or ‘‘equipment’’ 

produced, purchased, or ordered by any 

entity with a footnote 3 designation in 

the license requirement column of the 

Entity List in Supplement No. 4 to part 

744 of the EAR; or 

(ii) Footnote 3 designated entities as 

transaction parties. Any entity with a 

footnote 3 designation in the license 

requirement column of the Entity List in 

Supplement No. 4 to part 744 of the 

EAR is a party to any transaction 

involving the foreign-produced item, 

e.g., as a ‘‘purchaser,’’ ‘‘intermediate 

consignee,’’ ‘‘ultimate consignee,’’ or 

‘‘end-user.’’ 

Note 3 to paragraph (g). A ‘military end 

user’ for purposes of paragraph (g) is any 

entity listed on the Entity List in Supplement 

No. 4 to part 744 of the EAR under Russia 

with a footnote 3 designation. 

■ 3. Supplement No. 2 to part 734 is 

amended by revising the third and 

fourth sentences of paragraph (a)(1) to 

read as follows: 

Supplement No. 2 to Part 734— 

Guidelines for De Minimis Rules 

(a) * * * 

(1) * * * For purposes of identifying U.S.- 

origin controlled content, you should consult 

the Commerce Country Chart in Supplement 

No. 1 to part 738 of the EAR and controls 

described in part 746 of the EAR (excluding 

U.S.-origin content that meets the criteria in 

§ 746.8(a)(5)). Part 744 of the EAR should not 

be used to identify controlled U.S. content 

for purposes of determining the applicability 

of the de minimis rules. * * * 

* * * * * 

PART 738—COMMERCE CONTROL 

LIST OVERVIEW AND THE COUNTRY 

CHART 

■ 4. The authority citation for 15 CFR 

part 738 continues 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.; 10 U.S.C. 

8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c; 22 

U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 

U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824; 

50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 

1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783. 

■ 5. Supplement no. 1 to part 738 is 

amended by revising footnotes 6 and 8 

to read as follows: 

Supplement No. 1 to Part 738— 

Commerce Country Chart 

* * * * * 6See § 746.5 of the EAR for additional 

license requirements under the Russian 

Industry Sector Sanctions for ECCNs 0A998, 

1C992, 3A229, 3A231, 3A232, 6A991, 8A992, 

and 8D999 and items identified in 

Supplement No. 2 to part 746 of the EAR. See 

§ 746.8 of the EAR for Sanctions against 

Russia, including additional license 

requirements for items listed in any ECCN in 

Categories 3, 4, 5, 6, 7, 8, or 9 of the CCL. 

* * * * * 8See § 746.6 of the EAR for additional 

license requirements for exports and 

reexports to the Crimea region of Ukraine and 

the so-called Donetsk People’s Republic 

(DNR) and Luhansk People’s Republic (LNR) 

regions of Ukraine and transfers (in-country) 

within the Crimea, DNR, and LNR regions of 

Ukraine for all items subject to the EAR, 

other than food and medicine designated as 

EAR99 and certain EAR99 or ECCN 5D992.c 

software for internet-based communications. 

PART 740—LICENSE EXCEPTIONS 

■ 6. The authority citation for 15 CFR 

part 740 continues 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. 

7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 

1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783. 

■ 7. Section 740.2 is amended by 

revising paragraph (a)(6) to read as 

follows: 

§ 740.2 Restrictions on all License 

Exceptions. 

(a) * * * 

(6) The export or reexport is to a 

sanctioned destination (Cuba, Iran, 

North Korea, Syria, Crimea region of 

Ukraine, and the so-called Donetsk 

People’s Republic (DNR) and Luhansk 

People’s Republic (LNR) regions of 

Ukraine) or a license is required based 

on a limited sanction (Russia) unless a 

license exception or portion thereof is 

specifically listed in the license 

exceptions paragraph pertaining to a 

particular sanctioned country in part 

746 of the EAR. 

* * * * * 

■ 8. Section 740.19 is amended by 

revising paragraphs (a), (b) introductory 

text, and (c) to read as follows: 

§ 740.19 Consumer Communications 

Devices (CCD). 

(a) Authorizations. This section 

authorizes the export, reexport, or 

transfer (in-country) of commodities and 

software to Cuba and Russia subject to 

the requirements stated in this section. 

This section does not authorize U.S. 

owned or controlled entities in third 

countries to engage in reexports of 

foreign produced commodities to Cuba 

for which no license would be issued by 

the Department of the Treasury 

pursuant to 31 CFR 515.559. 

(b) Eligible commodities and software. 

Commodities and software in 

paragraphs (b)(1) through (17) of this 

section are eligible for export, reexport, 

or transfer (in-country) under this 

section to and within Cuba and Russia. 

* * * * * 

(c) Eligible and ineligible end users— 

(1) Organizations. (i) The license 

exception in this section may be used to 

export, reexport, or transfer (in-country) 

eligible commodities and software to 


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and for the use of independent nongovernmental organizations in Cuba or 

Russia. 

(ii) The Cuban Government, the 

Cuban Communist Party, the Russian 

Government, and organizations 

administered or controlled by the Cuban 

Government, the Cuban Communist 

Party, or the Russian Government are 

not eligible end users. 

(iii) [Reserved] 

(2) Individuals. The license exception 

in this section may be used to export, 

reexport or transfer (in-country) eligible 

commodities and software to and for the 

use of individuals other than the 

following: 

(i) Ineligible Cuban Government 

officials. Ministers and Vice-Ministers; 

members of the Council of State; 

members of the Council of Ministers; 

members and employees of the National 

Assembly of People’s Power; members 

of any provincial assembly; local sector 

chiefs of the Committees for the Defense 

of the Revolution; Director Generals and 

sub-Director Generals and higher of all 

Cuban ministries and state agencies; 

employees of the Ministry of the Interior 

(MININT); employees of the Ministry of 

Defense (MINFAR); secretaries and first 

secretaries of the Confederation of Labor 

of Cuba (CTC) and its component 

unions; chief editors, editors and deputy 

editors of Cuban state-run media 

organizations and programs, including 

newspapers, television, and radio; or 

members and employees of the Supreme 

Court (Tribuno Supremo Nacional). 

(ii) Ineligible Cuban Communist Party 

officials. Members of the Politburo. 

(iii) Ineligible Russian Government 

officials. The President, Prime Minister, 

and Deputy Prime Ministers; Federal 

Ministers; Chairman, Deputy Chairman, 

and Secretary of the Security Council; 

members and employees of the Federal 

Assembly (the State Duma and the 

Federation Council); members and 

employees of the Supreme Court and 

the Constitutional Court; Chief and all 

employees of the General Staff of the 

armed forces; employees of the Ministry 

of Defence; Director and employees of 

the Federal Security Service, Director 

and employees of the Foreign 

Intelligence Service; employees of the 

Ministry of the Interior; employees of 

state committees, chief editors, editors 

and deputy editors of Russian state-run 

media organizations and programs, 

including newspapers, television, and 

radio; offices, services, agencies and 

other entities organized under or 

reporting to the federal government. 

■ 9. Supplement no. 1 to part 740 is 

amended by revising the entry for 

‘‘Russia’’ and footnote 1 in the Country 

Group D table to read as follows: 

Supplement No. 1 to Part 740—Country 

Groups 

* * * * * 

COUNTRY GROUP D 

Country 

[D:1] 

National 

security 

[D:2] 

Nuclear 

[D:3] 

Chemical & 

biological 

[D:4] Missile 

technology 

[D:5] 

U.S. arms 

embargoed 

countries 1

*******

Russia ................................................................................... X X X X X 

*******

1 Note to Country Group D:5: Countries subject to U.S. arms embargoes are identified by the State Department through notices published in 

the Federal Register. The list of arms embargoed destinations in this table is drawn from 22 CFR 126.1 and State Department Federal Register notices related to arms embargoes (compiled at www.pmddtc.state.gov/embargoed_countries/index.html) and will be amended when the 

State Department publishes subsequent notices. If there are any discrepancies between the list of countries in this table and the countries identified by the State Department as subject to a U.S. arms embargo (in the Federal Register), the State Department’s list of countries subject to 

U.S. arms embargoes shall be controlling. 

* * * * * 

PART 742—CONTROL POLICY—CCL 

BASED CONTROLS 

■ 10. The authority citation for 15 CFR 

part 742 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; Sec. 1503, Pub. L. 

108–11, 117 Stat. 559; 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. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; 

Presidential Determination 2003–23, 68 FR 

26459, 3 CFR, 2004 Comp., p. 320; Notice of 

November 10, 2021, 86 FR 62891 (November 

12, 2021). 

■ 11. Section 742.2 is amended by 

revising paragraph (b)(4) to read as 

follows: 

§ 742.2 Proliferation of chemical and 

biological weapons. 

* * * * * 

(b) * * * 

(4) License applications for items 

described in paragraph (a) of this 

section, when destined for the People’s 

Republic of China will be reviewed in 

accordance with the licensing policies 

in both paragraph (b) of this section and 

§ 742.4(b)(7). When such items are 

destined to Russia, license applications 

will be reviewed under a policy of 

denial. However, exports and reexports 

of items to Russia in support of U.S.- 

Russia civil space cooperation activities 

will be reviewed on a case-by-case basis, 

as well as certain other certain specified 

activities specified in § 746.8 of the 

EAR. See § 746.8(b). 

* * * * * 

■ 12. Section 742.3 is amended by 

revising paragraph (b)(4) to read as 

follows: 

§ 742.3 Nuclear nonproliferation. 

* * * * * 

(b) * * * 

(4) License applications for items 

described in paragraph (a) of this 

section, when destined for the People’s 

Republic of China will be reviewed in 

accordance with the licensing policies 

in both paragraph (b) of this section and 

§ 742.4(b)(7). When such items are 

destined to Russia, license applications 

will be reviewed under a policy of 

denial. However, exports and reexports 

of items to Russia in support of U.S.- 

Russia civil space cooperation activities 

will be reviewed on a case-by-case basis. 

See § 746.8(b) of the EAR. 

* * * * * 

■ 13. Section 742.4 is amended by 

revising paragraph (b)(7)(i) and adding 

paragraph (b)(9) to read as follows: 

§ 742.4 National security. 

* * * * * 

(b) * * * 


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(7)(i) For Burma, Cambodia, the 

People’s Republic of China (China), and 

Venezuela, all applications will be 

reviewed to determine the risk of 

diversion to a military end user or 

military end use. There is a general 

policy of approval for license 

applications to export, reexport, or 

transfer items determined to be for civil 

end users for civil end uses. There is a 

presumption of denial for license 

applications to export reexport, or 

transfer items that would make a 

material contribution to the 

‘‘development,’’ ‘‘production,’’ 

maintenance, repair, or operation of 

weapons systems, subsystems, and 

assemblies, such as, but not limited to, 

those described in supplement no. 7 to 

this part, of Burma, Cambodia, China, or 

Venezuela. 

* * * * * 

(9) For the Russian Federation, all 

applications will be reviewed in 

accordance with the licensing policy set 

forth in § 746.8(b) of the EAR. 

* * * * * 

■ 14. Section 742.5 is amended by 

revising paragraph (b)(5) to read as 

follows: 

§ 742.5 Missile technology. 

* * * * * 

(b) * * * 

(5) License applications for items 

described in paragraph (a) of this 

section, when destined for the People’s 

Republic of China, will be reviewed in 

accordance with the licensing policies 

in both paragraph (b) of this section and 

§ 742.4(b)(7). When such items are 

destined to Russia, license applications 

will be reviewed under a policy of 

denial. However, exports and reexports 

of items to Russia in support of U.S.- 

Russia civil space cooperation activities 

will be reviewed on a case-by-case basis. 

See § 746.8(b). 

* * * * * 

■ 15. Section 742.6 is amended by 

revising paragraph (b)(8) and adding 

paragraph (b)(9) to read as follows: 

§ 742.6 Regional stability. 

* * * * * 

(b) * * * 

(8) China or Venezuela. Applications 

to export or reexport items described in 

paragraph (a)(7) of this section to China 

or Venezuela will be reviewed on a 

case-by-case basis to determine whether 

the transaction is contrary to the 

national security or foreign policy 

interests of the United States, including 

the foreign policy interest of promoting 

the observance of human rights 

throughout the world. Such applications 

will also be reviewed consistent with 

United States arms embargo policies in 

§ 126.1 of the ITAR (22 CFR 126.1). 

When destined to China, items 

classified under any 9x515.y ECCN will 

be subject to a policy of denial 

consistent with paragraph (b)(1) of this 

section. 

(9) Russia. Applications to export or 

reexport items described in paragraph 

(a)(7) of this section will be reviewed 

pursuant to the licensing policy set forth 

in § 746.8(b) of the EAR, as well as the 

foreign policy interest of promoting the 

observance of human rights throughout 

the world and consistent with United 

States arms embargo policies in § 126.1 

of the ITAR (22 CFR 126.1). 

* * * * * 

PART 744—END USE AND END USER 

CONTROLS 

■ 16. The authority citation for 15 CFR 

part 744 continues 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 September 15, 2021, 

86 FR 52069 (September 17, 2021); Notice of 

November 10, 2021, 86 FR 62891 (November 

12, 2021). 

■ 17. Section 744.21 is revised to read 

as follows: 

§ 744.21 Restrictions on certain ‘military 

end use’ or ‘military end user’ in Burma, 

Cambodia, the People’s Republic of China, 

the Russian Federation, or Venezuela. 

(a) General prohibition. In addition to 

the license requirements for items 

specified on the Commerce Control List 

(CCL) (supplement no. 1 to this part), 

you may not export, reexport, or transfer 

(in-country) any item subject to the EAR 

listed in supplement no. 2 to this part 

to Burma, Cambodia, the People’s 

Republic of China (China), or 

Venezuela, or any item ‘‘subject to the 

EAR’’ except for food or medicine 

designated as EAR99, or ECCN 5A992.c 

and 5D992.c unless for Russian 

‘‘government end users’’ and Russian 

state-owned enterprises (SoEs) to the 

Russian Federation, without a license if, 

at the time of the export, reexport, or 

transfer (in-country), you have 

‘‘knowledge,’’ as defined in § 772.1 of 

the EAR, that the item is intended, 

entirely or in part, for a ‘military end 

use,’ as defined in paragraph (f) of this 

section, or a ‘military end user,’ as 

defined in paragraph (g) of this section, 

in Burma, Cambodia, China, the Russian 

Federation, or Venezuela. 

(b) Additional prohibition on those 

informed by BIS. BIS may inform you 

either individually by specific notice, 

through amendment to the EAR 

published in the Federal Register, or 

through a separate notification 

published in the Federal Register, that 

a license is required for specific exports, 

reexports, or transfers (in-country) of 

any item because there is an 

unacceptable risk of use in or diversion 

to a ‘military end use’ or ‘military end 

user’ in Burma, Cambodia, China, the 

Russian Federation, or Venezuela. 

Specific notice will be given only by, or 

at the direction of, the Deputy Assistant 

Secretary for Export Administration. 

When such notice is provided orally, it 

will be followed by written notice 

within two working days signed by the 

Deputy Assistant Secretary for Export 

Administration or the Deputy Assistant 

Secretary’s designee. The absence of BIS 

notification does not excuse the 

exporter from compliance with the 

license requirements of paragraph (a) of 

this section. 

(1) ‘Military End-User’ (MEU) List and 

Entity List. BIS may inform and provide 

notice to the public that certain entities 

are subject to the additional prohibition 

described under this paragraph (b) 

following a determination by the EndUser Review Committee (ERC) that a 

specific entity is a ‘military end user’ 

pursuant to this section and therefore 

any exports, reexports, or transfers (incountry) to that entity represent an 

unacceptable risk of use in or diversion 

to a ‘military end use’ or ‘military end 

user’ in Burma, Cambodia, China, the 

Russian Federation or Venezuela. Such 

entities in Burma, Cambodia, China, or 

Venezuela may be added to supplement 

no. 7 to this part—‘Military End-User’ 

(MEU) List. Such entities in the Russian 

Federation may be added to supplement 

No. 4 to this part—Entity List. License 

requirements for listed MEU are 

described in paragraph (b)(1)(ii) of this 

section. The listing of entities under 

supplement no. 7 or 4 to this part is not 

an exhaustive listing of ‘military end 

users’ for purposes of this section. 

Exporters, reexporters, and transferors 

are responsible for determining whether 

transactions with entities not listed on 

supplement no. 7 or 4 to this part are 

subject to a license requirement under 

paragraph (a) of this section. The 

process in this paragraph (b)(1) for 

placing entities on the MEU List and 

Entity List is only one method BIS may 

use to inform exporters, reexporters, and 

transferors of license requirements 

under this section. 


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(i) End-User Review Committee (ERC). 

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 MEU List and Entity List. Decisions 

by the ERC for purposes of the MEU List 

and Entity List will be made following 

the procedures identified in this section 

and in supplement no. 5 to this part— 

Procedures for End-User Review 

Committee Entity List and ‘Military End 

User’ (MEU) List Decisions. 

(ii) License requirement for parties to 

the transaction. Consistent with 

paragraph (a) of this section, a license is 

required for the export, reexport, or 

transfer (in-country) of any item subject 

to the EAR listed in supplement no. 2 

to this part when an entity that is listed 

on the MEU List under Burma, 

Cambodia, the People’s Republic of 

China (China), or Venezuela is a party 

to the transaction as described in 

§ 748.5(c) through (f) of the EAR. 

Consistent with paragraph (a) of this 

section, a license is required for the 

export, reexport, or transfer (in-country) 

of any item subject to the EAR except 

for food or medicine designated as 

EAR99, or ECCN 5A992.c and 5D992.c 

unless for Russian ‘‘government end 

users’’ and Russian state-owned 

enterprises (SoEs) to Russia when an 

entity that is listed on the Entity List 

under Russia pursuant to this section is 

a party to the transaction as described 

in § 748.5(c) through (f) of the EAR. 

(2) Requests for removal from or 

modification of ‘Military End User’ 

(MEU) List and Entity List. Any entity 

listed on the MEU List or Entity List 

pursuant to this section may request 

that its listing be removed or modified. 

All such requests, including reasons 

therefor, must be in writing and sent to: 

Chair, End-User Review Committee, 

Bureau of Industry and Security, U.S. 

Department of Commerce, 14th Street 

and Pennsylvania Avenue NW, Room 

3886, Washington, DC 20230; or by 

email at ERC@bis.doc.gov. In order for 

an entity listed on the MEU List or the 

Entity List pursuant to this section to 

petition BIS for their removal or 

modification, as applicable, the entity 

must address why the entity is not a 

‘military end user’ for purposes of this 

section. 

(i) Review. The ERC will review such 

requests for removal or modification in 

accordance with the procedures set 

forth in supplement no. 5 to this part. 

(ii) BIS action. The Deputy Assistant 

Secretary for Export Administration will 

convey the decision on the request to 

the requester in writing. That decision 

will be the final agency action on the 

request. 

(c) License exception. Despite the 

prohibitions described in paragraphs (a) 

and (b) of this section, you may export, 

reexport, or transfer (in-country) items 

subject to the EAR under the provisions 

of License Exception GOV set forth in 

§ 740.11(b)(2)(i) and (ii) of the EAR. 

(d) License application procedure. 

When submitting a license application 

pursuant to this section, you must state 

in the ‘‘additional information’’ block of 

the application that ‘‘this application is 

submitted because of the license 

requirement in this section (Restrictions 

on a ’Military End Use’ or ‘Military End 

User’ in Burma, Cambodia, the People’s 

Republic of China, the Russian 

Federation, or Venezuela).’’ In addition, 

either in the additional information 

block of the application or in an 

attachment to the application, you must 

include all known information 

concerning the ‘military end use’ and 

‘military end user(s)’ of the item(s). If 

you submit an attachment with your 

license application, you must reference 

the attachment in the ‘‘additional 

information’’ block of the application. 

(e) License review standards. (1) 

Applications to export, reexport, or 

transfer (in-country) items to or within 

Burma, Cambodia, the People’s 

Republic of China (China), or Venezuela 

described in paragraph (a) of this 

section will be reviewed with a 

presumption of denial. Applications to 

export, reexport, or transfer (in-country) 

items to or within Russia described in 

paragraph (a) of this section will be 

reviewed with a policy of denial. 

(2) Applications may be reviewed 

under chemical and biological weapons, 

nuclear nonproliferation, or missile 

technology review policies, as set forth 

in §§ 742.2(b)(4), 742.3(b)(4), and 

742.5(b)(4) of the EAR, if the end use 

may involve certain proliferation 

activities. 

(3) Applications for items requiring a 

license for any reason that are destined 

to Burma, Cambodia, China, the Russian 

Federation, or Venezuela for a ‘military 

end use’ or ‘military end user’ also will 

be subject to the review policy stated in 

paragraph (e)(1) of this section. 

(f) Military end use. In this section, 

’military end use’ means: Incorporation 

into a military item described on the 

U.S. Munitions List (USML) (22 CFR 

part 121, International Traffic in Arms 

Regulations); incorporation into items 

classified under Export Control 

Classification Numbers (ECCNs) ending 

in ‘‘A018’’ or under ‘‘600 series’’ ECCNs; 

or any item that supports or contributes 

to the operation, installation, 

maintenance, repair, overhaul, 

refurbishing, ‘‘development,’’ or 

‘‘production,’’ of military items 

described on the USML, or items 

classified under ECCNs ending in 

‘‘A018’’ or under ‘‘600 series’’ ECCNs. 

(g) Military end user. In this section, 

the term ‘military end user’ means the 

national armed services (army, navy, 

marine, air force, or coast guard), as well 

as the national guard and national 

police, government intelligence or 

reconnaissance organizations (excluding 

those described in § 744.22(f)(2)), or any 

person or entity whose actions or 

functions are intended to support 

‘military end uses’ as defined in 

paragraph (f) of this section. 

(h) Effects on contracts. Transactions 

involving the export, reexport, or 

transfer (in country) of items to or 

within Venezuela are not subject to the 

provisions of this section if the contracts 

for such transactions were signed prior 

to November 7, 2014. 

■ 18. Supplement No. 4 to part 744 is 

amended: 

■ a. Under Russia: 

■ i. By adding in alphabetical order 

entries for ‘‘Admiralty Shipyard JSC;’’ 

‘‘Aleksandrov Scientific Research 

Technological Institute NITI;’’ ‘‘Argut 

OOO;’’ ‘‘Communication Center of the 

Ministry of Defence;’’ ‘‘Federal Research 

Center Boreskov Institute of Catalysis;’’ 

■ ii. By revising the entry for ‘‘Federal 

Security Service (FSB);’’ 

■ iii. By adding in alphabetical order 

entries for ‘‘Federal State Budgetary 

Enterprise of the Administration of the 

President of Russia;’’ ’’ Federal State 

Budgetary Enterprise Special Flight Unit 

Rossiya of the Administration of the 

President of Russia;’’ ‘‘Federal State 

Unitary Enterprise Dukhov Automatics 

Research Institute (VNIIA);’’ ‘‘Foreign 

Intelligence Service (SVR);’’ ‘‘Forensic 

Center of Nizhniy Novgorod Region 

Main Directorate of the Ministry of 

Interior Affairs;’’ ‘‘International Center 

for Quantum Optics and Quantum 

Technologies LLC;’’ ‘‘Irkut 

Corporation;’’ ‘‘Irkut Research and 

Production Corporation Public Joint 

Stock Company;’’ ‘‘Joint Stock Company 

Scientific Research Institute of 

Computing Machinery;’’ ‘‘JSC Central 

Research Institute of Machine Building 

(JSC TsNIIMash);’’ ‘‘JSC Kazan 

Helicopter Plant Repair Service;’’ ‘‘JSC 

Rocket and Space Centre—Progress;’’ 

‘‘Kamensk-Uralsky Metallurgical Works 

J.S. Co.;’’ ‘‘Kazan Helicopter Plant 

PJSC;’’ ‘‘Komsomolsk-na-Amur Aviation 

Production Organization (KNAAPO);’’ 

■ iv. By revising the entry for ‘‘Main 

Intelligence Directorate;’’ and 

■ v. By adding in alphabetical order 

entries for ‘‘Ministry of Defence of the 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 12241 

Russian Federation;’’ ‘‘Moscow Institute 

of Physics and Technology;’’ ‘‘NPO High 

Precision Systems JSC;’’ ‘‘NPO Splav 

JSC;’’ ‘‘Oboronprom OJSC;’’ ‘‘PJSC 

Beriev Aircraft Company;’’ ‘‘PJSC Irkut 

Corporation;’’ ‘‘PJSC Kazan 

Helicopters;’’ ‘‘POLYUS Research 

Institute of M.F. Stelmakh Joint Stock 

Company;’’ ‘‘Promtech-Dubna, JSC;’’ 

‘‘Public Joint Stock Company United 

Aircraft Corporation;’’ ‘‘Radiotechnical 

and Information Systems (RTI) 

Concern;’’ ‘‘Rapart Services LLC;’’ 

‘‘Rosoboronexport OJSC (ROE);’’ 

‘‘Rostec (Russian Technologies State 

Corporation);’’ ‘‘Rostekh—Azimuth;’’ 

‘‘Russian Aircraft Corporation MiG;’’ 

‘‘Russian Helicopters JSC;’’ ‘‘SP Kvant;’’ 

‘‘Sukhoi Aviation JSC;’’ ‘‘Sukhoi Civil 

Aircraft;’’ ‘‘Tactical Missiles 

Corporation JSC;’’ ‘‘Tupolev JSC;’’ 

‘‘UEC-Saturn;’’ ‘‘United Aircraft 

Corporation;’’ ‘‘United Engine 

Corporation;’’ and ‘‘United Instrument 

Manufacturing Corporation’’; and 

■ b. By adding footnote 3. 

The additions read as follows: 

Supplement No. 4 to Part 744—Entity 

List 

* * * * * 

Country Entity License 

requirement 

License 

review policy 

Federal Register 

citation 

*******

RUSSIA ............ * * * * * * 

Admiralty Shipyard JSC, 203, Fontanka 

Emb., 190121, St. Peterburg, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Aleksandrov Scientific Research Technological Institute NITI, Koporskoe 

Highway, House 72, Sosnovy Bor, 

Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Argut OOO, 6 Mnevniki str end 6 fl, 

Moscow 123308, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99, or ECCN 

5A992.c and 5D992.c 

unless for Russian 

‘‘government end 

users’’ and Russian 

state-owned enterprises 

(SoEs) to Russia. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Communication Center of the Ministry 

of Defence, Bolshoi Znamenskiy per. 

21, Moscow, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Federal Research Center Boreskov Institute of Catalysis, pr. Lavrentieva 5, 

Novosibirsk 630090, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 


khammond on DSKJM1Z7X2PROD with RULES
12242 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 

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Federal Security Service (FSB), a.k.a., 

the following one alias: 

—Federalnaya Sluzhba Bezopasnosti. 

Ulitsa Kuznetskiy Most, Dom 22, Moscow 107031, Russia; 

and Lubyanskaya Ploschad, Dom 2, 

Moscow 107031, Russia. 

All items subject to the 

EAR, apart from items 

that are related to transactions that are authorized by the Department 

of the Treasury’s Office 

of Foreign Assets Control pursuant to General 

License No. 1B of 

March 2, 2021 and except for food or medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Presumption of denial ...... 82 FR 724, 1/4/17. 82 FR 

18219, 4/18/17. 86 FR 

37903, 7/19/21. 87 FR 

[INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Federal State Budgetary Enterprise of 

the Administration of the President of 

Russia, 1-ya Reysovaya Street, 1, 

Moscow 119027, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022]. 

Federal State Budgetary Enterprise 

Special Flight Unit Rossiya of the Administration of the President of Russia, 1-ya Reysovaya Street, 1, Moscow 119027, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

Federal State Unitary Enterprise 

Dukhov Automatics Research Institute (VNIIA), 22, Sushchevskaya UI, 

Moscow 127055RU. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

Foreign Intelligence Service (SVR), 

Yasenevo 11 Kolpachny, Moscow, 

0101000. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

Forensic Center of Nizhniy Novgorod 

Region Main Directorate of the Ministry of Interior Affairs, Gorkiy Street, 

71, Nizhniy Novgorod 603950, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

International Center for Quantum Optics and Quantum Technologies LLC, 

a.k.a. the following two aliases: 

—Russian Quantum Center and 

—RQC. 

Business-center ‘‘Ural,’’ 100 Novaya 

Street, Skolkovo, Moscow, 143025, 

Russia; and 

30 Bolshoy Blvd., Bldg. 1, Moscow, 

121205, Russia; and 

100A Novaya Street, Skolkovo, 

Odintsovsky District, Moscow, 

143025, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99, or ECCN 

5A992.c and 5D992.c 

unless for Russian 

‘‘government end 

users’’ and Russian 

state-owned enterprises 

(SoEs) to Russia. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 


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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 12243 

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Irkut Corporation, Leningradsky Prospect 68, Moscow 125315, Russia. All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

Irkut Research and Production Corporation Public Joint Stock Company, 

68 Leningradsky Prospect, Moscow 

125315, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Joint Stock Company Scientific Research Institute of Computing Machinery, Melnichnaya Street, 31, 

Kirov 610025, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

JSC Central Research Institute of Machine Building (JSC TsNIIMash), 

Pionerskaya Street, 4, korpus 22, 

Moskovskaya obl., Korolov 141070, 

Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99, or ECCN 

5A992.c and 5D992.c 

unless for Russian 

‘‘government end 

users’’ and Russian 

state-owned enterprises 

(SoEs) to Russia. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

This license requirement may be overcome 

by License Exception 

GOV under 

§ 740.11(b)(2) and (e) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

JSC Kazan Helicopter Plant Repair 

Service, a.k.a., the following two 

aliases: 

—Kazanski Vertoletny Zavod 

Remservis; and 

—KVZ Remservis. 

Ulitsa Tetsevskaya 14, Kazan, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

JSC Rocket and Space Centre— 

Progress, Zemetsa Street 18, 

Samarskaya Oblast, Samara 443009, 

Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

This license requirement may be overcome 

by License Exception 

GOV under 

§ 740.11(b)(2) and (e) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 


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12244 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 

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Kamensk-Uralsky Metallurgical Works 

J.S. Co., 5 Zavodskaya St., Kamensk 

Uralsky, 623405 Sverdlovsk region, 

Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99, or ECCN 

5A992.c and 5D992.c 

unless for Russian 

‘‘government end 

users’’ and Russian 

state-owned enterprises 

(SoEs) to Russia. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Kazan Helicopter Plant PJSC, 

Tetsevskaya St, Kazan 420085, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Komsomolsk-na-Amur Aviation Production Organization (KNAAPO), 1 

Sovetskaya Street, Komsomolsk-onAmur, Khabarovsky Krai, Russia 

618018. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Main Intelligence Directorate, a.k.a., the 

following three aliases 

—Glavnoe Razvedyvatel’noe 

Upravlenie; 

—GRU; and 

—Main Intelligence Department. 

Khoroshevskoye Shosse 76, Khodinka, 

Moscow, Russia; and Ministry of 

Defence of the Russian Federation, 

Frunzenskaya nab., 22/2, Moscow 

119160, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Presumption of denial ...... 82 FR 724, 1/4/17. 87 FR 

[INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Ministry of Defence of the Russian 

Federation, including the Armed 

Forces of Russia and all operating 

units wherever located. This includes 

the national armed services (army, 

navy, marine, air force, or coast 

guard), as well as the national guard 

and national police, government intelligence or reconnaissance organizations of the Russian Federation. All 

address located in Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

The license requirements under this entry 

also extend to any export, reexport and transfer (in-country) to the 

entity wherever located 

worldwide. 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Moscow Institute of Physics and Technology, a.k.a., the following two 

aliases: 

—MIPT; and 

—MFTI. 

Dolgoprudny Campus: 9 Institutskiy 

per., Dolgoprudny, Moscow Region 

141701, Russia; and 

Zhukovsky Campus: Ulitsa Gagarina 

16, Zhukovsky, Moscow Region 

140180, Russia; and 

Moscow Campus 1 Stroyeniye 1, 

Klimentovsky Pereulok, Moscow Region 115184, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 


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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 12245 

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NPO High Precision Systems JSC, 

Kievskaya Street 7, Moscow, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

NPO Splav JSC, 33 ul. Shcheglov 

Kaya Zaseka Tula, 300004 Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Oboronprom OJSC, 29/141 Vereiskaya 

Street, Moscow, 121357 Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99, or ECCN 

5A992.c and 5D992.c 

unless for Russian 

‘‘government end 

users’’ and Russian 

state-owned enterprises 

(SoEs) to Russia. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

PJSC Beriev Aircraft Company, 1 

Aviatorov Square, Taganrog 347923, 

Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

PJSC Irkut Corporation, Regional Aircraft 26 Leninskaya Sloboda, Moscow 115280, Russia. All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

PJSC Kazan Helicopters, Tetsevskaya 

Street, 14, Kazan, Tatarstan Republic 420085, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

POLYUS Research Institute of M.F. 

Stelmakh Joint Stock Company, 

Building 1, 3 Vvedenskogo Street, 

Moscow, 117342, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Promtech-Dubna, JSC, Programmistov 

St., 4, Room 364, Dubna, Moscow 

141983, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99, or ECCN 

5A992.c and 5D992.c 

unless for Russian 

‘‘government end 

users’’ and Russian 

state-owned enterprises 

(SoEs) to Russia. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 


khammond on DSKJM1Z7X2PROD with RULES
12246 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 

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******

Public Joint Stock Company United Aircraft Corporation, Bolshaya 

Pionerskaya, Moscow 115054, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Radiotechnical and Information Systems (RTI) Concern, 127083, Moscow, 8 marta, 10/1 Russia. All items subject to the 

EAR except for food or 

medicine designated as 

EAR99, or ECCN 

5A992.c and 5D992.c 

unless for Russian 

‘‘government end 

users’’ and Russian 

state-owned enterprises 

(SoEs) to Russia. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Rapart Services LLC, Aeroportovskaya 

Str. 6/2, Solnechnogorskiy Region, 

Dubrobki 141580, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Rosoboronexport OJSC (ROE), Strada 

Strominka 27, Moscow, 107076 Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Rostec (Russian Technologies State 

Corporation), 24 Usacheva Street, 

Moscow, Russia 119048. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

Rostekh—Azimuth, Building 2, 5 Suite 

X, Room 15, Floor 2, Narishkinskaya 

Alleya, Moscow 125167, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

Russian Aircraft Corporation MiG, 

Leningradskoe Highway, 6, Building 

1, Moscow, 125171, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

Russian Helicopters JSC, Bolshaya 

Pionerskaya, 1, Moscow, 123610, 

Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 12247 

Country Entity License 

requirement 

License 

review policy 

Federal Register 

citation 

SP Kvant, a.k.a., the follow three 

aliases: 

—Kvant LLC; 

—Limited Liability Company Joint Venture Quantum Technologies; and 

—Joint Venture Quantum. 

D. 46, Etazh 6, pom. 600K, Shosse 

Varshavskoe, Moscow, 115230, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99, or ECCN 

5A992.c and 5D992.c 

unless for Russian 

‘‘government end 

users’’ and Russian 

state-owned enterprises 

(SoEs) to Russia. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Sukhoi Aviation JSC, Polikarpov Str., 

23B, Moscow, 125284, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

Sukhoi Civil Aircraft, 1 Sovetskaya 

Street, Komsomolsk-On-Amur 

681018, Russia; and 15 Tupoleva 

Street, OP JSC SCA, Zukhovskiy 

140180, Russia; and 23b Bld. 2 

Polikarpova St., Moscow 125824, 

Russia; and 

26, Bld. 5, Leninskaya Sloboda Street, 

Moscow, 115280, Russia; and 

Antonova Avenue 1, Ulianovsk 432072, 

Russia; and 

Leningradskaya Street 80/4A, 

Komsomolsk-On-Amur 681007, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Tactical Missiles Corporation JSC, 

KorolevIlyicha Street, 7, 141080, 

Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

Tupolev JSC, Academician Tupolev 

Embankment 17, Moscow, 105005, 

Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

UEC-Saturn, 163 Lenin Avenue, 

Rybinsk 152903, Yavoslavl Region, 

Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

United Aircraft Corporation, Bolshaya 

Pionerskaya Str., 1, Moscow, 

115054, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 


khammond on DSKJM1Z7X2PROD with RULES
12248 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 

Country Entity License 

requirement 

License 

review policy 

Federal Register 

citation 

United Engine Corporation, 16, 

Budyonny Avenue, Moscow, 105118 

Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

United Instrument Manufacturing Corporation, Vereiskaya 29, str. 141, 

Moscow, Russia. 

All items subject to the 

EAR except for food or 

medicine designated as 

EAR99. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR) 

Policy of denial. See 

§§ 746.8(b) and 

744.21(e).

87 FR [INSERT FR PAGE 

NUMBER], 3/3/2022. 

* * * * * * 

*******

*******

3For this entity, ‘‘items subject to the EAR’’ includes foreign-produced items that are subject to the EAR under § 734.9(g) of the EAR. See 

§§ 746.8 and 744.21 of the EAR for related license requirements, license review policy, and restrictions on license exceptions. 

Supplement No. 7 to Part 744 

[Amended] 

■ 19. Supplement No. 7 to part 744 is 

amended by removing RUSSIA and all 

the Russian entries. 

PART 746—EMBARGOES AND OTHER 

SPECIAL CONTROLS 

■ 20. The authority citation for 15 CFR 

part 746 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. 

287c; Sec 1503, Pub. L. 108–11, 117 Stat. 559; 

22 U.S.C. 2151 note; 22 U.S.C. 6004; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 

614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 

Comp., p. 899; E.O. 13222, 66 FR 44025, 3 

CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 

26751, 3 CFR, 2004 Comp., p 168; 

Presidential Determination 2003–23, 68 FR 

26459, 3 CFR, 2004 Comp., p. 320; 

Presidential Determination 2007–7, 72 FR 

1899, 3 CFR, 2006 Comp., p. 325; Notice of 

May 6, 2021, 86 FR 26793 (May 10, 2021). 

■ 21. Section 746.5 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 746.5 Russian industry sector sanctions. 

(a) * * * 

(1) General prohibition. (i) A license 

is required to export, reexport or 

transfer (in-country) any item subject to 

the Export Administration Regulations 

(EAR) listed in supplement No. 2 to this 

part and items specified in ECCNs 

0A998, 1C992, 3A229, 3A231, 3A232, 

6A991, 8A992, and 8D999 when you 

know that the item will be used directly 

or indirectly in exploration for, or 

production of, oil or gas in Russian 

deepwater (greater than 500 feet) or 

Arctic offshore locations or shale 

formations in Russia, or are unable to 

determine whether the item will be used 

in such projects. Such items include, 

but are not limited to, drilling rigs, parts 

for horizontal drilling, drilling and 

completion equipment, subsea 

processing equipment, Arctic-capable 

marine equipment, wireline and down 

hole motors and equipment, drill pipe 

and casing, software for hydraulic 

fracturing, high pressure pumps, 

seismic acquisition equipment, remotely 

operated vehicles, compressors, 

expanders, valves, and risers. 

(ii) You should be aware that other 

provisions of the EAR, including parts 

742 and 744 and § 746.8, also apply to 

exports and reexports to Russia. License 

applications submitted to BIS under this 

section may include the phrase ‘‘section 

746.5’’ or in Block 9 (Special Purpose) 

as described in Supplement No. 1 to 

part 748 of the EAR. 

* * * * * 

■ 22. Section 746.6 is revised to read as 

follows: 

§ 746.6 Crimea Region of Ukraine and 

Covered Regions of Ukraine. 

(a) License requirements—(1) General 

prohibition—Crimea. A license is 

required to export or reexport to or 

transfer within the Crimea region of 

Ukraine any item subject to the EAR 

other than food and medicine 

designated as EAR99, or ‘software 

necessary to enable the exchange of 

personal communications over the 

internet’. 

(2) General prohibition—Donetsk 

People’s Republic (DNR) and Luhansk 

People’s Republic (LNR). A license is 

required to export or reexport to, or 

transfer within, the so-called DNR or 

LNR regions of Ukraine any item subject 

to the EAR other than: Food and 

medicine designated as EAR99, or 

‘software necessary to enable the 

exchange of personal communications 

over the internet’. 

(3) Deemed exports or reexports. For 

purposes of applying the EAR deemed 

export and deemed reexport 

requirements pursuant to the general 

prohibitions described in this paragraph 

(a)(3), the nationality of the foreign 

national (as determined by accepted 

methods, such as looking to the passport 

or other nationality document(s) 

recognized by the United States 

Government) is what is used for 

purposes of determining whether a 

license is required for a deemed export 

or deemed reexport. 

(b) License review policy. 

Applications will be reviewed with a 

policy of denial, except for applications 

for transactions authorized under OFAC 

Ukraine-Related General Licenses, 

which will be reviewed on a case-bycase basis. 

(c) License exceptions. You may 

export, reexport or transfer (in-country) 

without a license if your transaction 

meets all the applicable terms and 

conditions of any of the license 

exception paragraphs specified in this 

paragraph (c). To determine scope and 

eligibility requirements, you will need 

to refer to the sections or specific 

paragraphs of part 740 (License 

Exceptions) of the EAR, as well as 

§ 740.2 license exception restrictions. 

Read each license exception carefully, 

as the provisions available for countries 

subject to sanctions are generally 

narrow. 

(1) TMP for items for use by the news 

media as set forth in § 740.9(a)(9) of the 

EAR. 


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Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 12249 

(2) GOV for items for personal or 

official use by personnel and agencies of 

the U.S. Government, the International 

Atomic Energy Agency (IAEA), or the 

European Atomic Energy Community 

(Euratom) as set forth in § 740.11(a) and 

(b)(2) of the EAR. 

(3) GFT for gift parcels and 

humanitarian donations as set forth in 

§ 740.12 of the EAR. 

(4) TSU for operation technology and 

software for lawfully exported 

commodities as set forth in § 740.13(a) 

and sales technology as set forth in 

§ 740.13 (b) of the EAR. 

(5) BAG for exports of items by 

individuals leaving the United States as 

personal baggage as set forth in 

§ 740.14(a) through (d) of the EAR. 

(6) AVS for civil aircraft and vessels 

as set forth in § 740.15(a)(4) and (d) of 

the EAR. 

(d) Definitions. For purpose of this 

section, use the following definitions of 

terms: 

(1) ‘Crimea region of Ukraine’ 

includes the land territory in that region 

as well as any maritime area over which 

sovereignty, sovereign rights, or 

jurisdiction is claimed based on 

occupation of that land territory. 

(2) ‘Donetsk People’s Republic (DNR) 

region’ or ‘Luhansk People’s Republic 

(LNR) region’ include the land territory 

in those regions as well as any maritime 

area over which sovereignty, sovereign 

rights, or jurisdiction is claimed based 

on purported sovereignty over that land 

territory or area. 

(3) ‘Software necessary to enable the 

exchange of personal communications 

over the internet’ includes only software 

(such as software for instant messaging, 

chat and email, social networking, 

sharing of photos and movies, Web 

browsing, and blogging), designated 

EAR99 or classified as mass market 

software under Export Control 

Classification Number (ECCN) 5D992.c 

of the EAR, provided that such software 

is widely available to the public at no 

cost to the user. 

■ 23. Section 746.8 is added to read as 

follows: 

§ 746.8 Sanctions against Russia. 

(a) License requirements—(1) Items 

classified in any ECCN in CCL 

Categories 3 to 9. In addition to license 

requirements specified on the 

Commerce Control List (CCL) in 

Supplement No. 1 to part 774 of the 

EAR and in other provisions of the EAR, 

including part 744 and § 746.5, a license 

is required, excluding deemed exports 

and deemed reexports, to export, 

reexport, or transfer (in-country) to or 

within Russia any item subject to the 

EAR and specified in any Export 

Control Classification Number (ECCN) 

in Categories 3, 4, 5, 6, 7, 8, or 9 of the 

CCL. 

(2) Foreign-produced ‘‘direct product’’ 

items subject to the EAR under Russia 

foreign ‘‘direct product’’ (FDP) rule. 

Except as described in paragraph (a)(4) 

of this section, a license is required to 

reexport, export from abroad, or transfer 

(in-country) to any destination any 

foreign-produced item subject to the 

EAR under the Russia FDP Rule 

described in § 734.9(f) of the EAR. 

(3) Foreign-produced ‘‘direct product’’ 

items subject to the EAR under RussiaMilitary End User FDP rule. Except as 

described in paragraph (a)(4) of this 

section, a license is required to reexport, 

export from abroad, or transfer (incountry) to or within any destination 

any foreign-produced item subject to the 

EAR under § 734.9(g) of the EAR other 

than food or medicine designated as 

EAR99, or ECCN 5A992.c and 5D992.c 

unless for Russian ‘‘government end 

users’’ and Russian state-owned 

enterprises (SoEs). 

(4) Exclusion from license 

requirements under paragraphs (a)(2) 

and (3) of this section. The countries 

listed in supplement No. 3 to this part 

have committed to implementing 

substantially similar export controls on 

Russia under their domestic laws. 

Therefore, exports or reexports from the 

countries described in this supplement 

No. 3 to this part or transfers (incountry) within the countries described 

in this supplement are not subject to the 

license requirements described in 

paragraphs (a)(2) and (3) of this section, 

unless a limit to the exclusion is 

described in the Scope column in 

supplement No. 3 to this part. 

(5) Exclusion from scope of U.S.- 

origin controlled content under 

paragraph (a)(1) of this section. For 

purposes of determining U.S.-origin 

controlled content under supplement 

No. 2 to part 734 of the EAR, paragraph 

(a)(1) of this section when making a de 

minimis calculation for reexports and 

exports from abroad to Russia, the 

license requirements in paragraph (a)(1) 

of this section are not used to determine 

controlled U.S.-origin content in a 

foreign-made item, provided the criteria 

in paragraphs (a)(5)(i) and (ii) of this 

section are met: 

(i) The U.S.-origin content is 

described in an Anti-Terrorism (AT)- 

only ECCN and is not otherwise 

excluded from the applicable Scope 

column in supplement No. 3 to this 

part. For purposes of this paragraph 

(a)(5), AT-only items means any ECCN 

that only specifies either only AT in the 

reason for control paragraph of the 

ECCN or is classified under ECCN 

9A991; and 

(ii) The foreign made item will be 

reexported or exported from abroad 

from a country described in supplement 

No. 3 to this part. 

Note 1 to paragraph (a). A ‘military end 

user’ for purposes of paragraph (a)(3) and (4) 

of this section is any entity listed on the 

Entity List in supplement No. 4 to part 744 

of the EAR under Russia with a footnote 3 

designation. 

(b) Licensing policy. With limited 

exceptions, applications for the export, 

reexport or transfer (in-country) of any 

item that requires a license for export or 

reexport to or transfer pursuant to the 

requirements of this section will be 

reviewed with a policy of denial. The 

following types of license applications 

for licenses required under paragraphs 

(a)(1) and (2) of this section will be 

reviewed on a case-by-case basis to 

determine whether the transaction in 

question would benefit the Russian 

government or defense sector: 

Applications related to safety of flight; 

applications related to maritime safety; 

applications to meet humanitarian 

needs; applications that support 

government space cooperation; 

applications for items destined to 

wholly-owned U.S. subsidiaries, foreign 

subsidiaries of U.S. companies that are 

joint ventures with other U.S. 

companies, joint ventures of U.S. 

companies with companies 

headquartered in countries from 

Country Group A:5 and A:6 in 

supplement no. 1 to part 740 of the EAR 

countries, the wholly-owned 

subsidiaries of companies 

headquartered in countries from 

Country Group A:5 and A:6 in 

supplement no. 1 to part 740, joint 

ventures of companies headquartered in 

Country Groups A:5 and A:6 with other 

companies headquartered in Country 

Groups A:5 and A:6; applications for 

companies headquartered in Country 

Groups A:5 and A:6 to support civil 

telecommunications infrastructure; and 

government-to-government activities. 

License applications required under 

paragraph (a)(3) of this section will be 

reviewed under a policy of denial in all 

cases. 

(c) License exceptions. No license 

exceptions may overcome the license 

requirements in paragraph (a)(3) of this 

section, except as specified in the Entity 

List entry for a Footnote 3 entity on the 

Entity List in supplement no. 4 to part 

744 of the EAR. No license exceptions 

may overcome the license requirements 

in paragraphs (a)(1) and (2) of this 

section except the following license 


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12250 Federal Register / Vol. 87, No. 42 / Thursday, March 3, 2022 / Rules and Regulations 

exceptions identified in paragraphs 

(c)(1) through (7) of this section. 

(1) License Exception TMP for items 

for use by the news media as set forth 

in § 740.9(a)(9) of the EAR. 

(2) License Exception GOV 

(§ 740.11(b) of the EAR). 

(3) License Exception TSU for 

software updates for civil end-users that 

are wholly-owned U.S. subsidiaries, 

foreign subsidiaries of U.S. companies 

that are joint ventures with other U.S. 

and companies, joint ventures of U.S. 

companies with companies 

headquartered in countries from 

Country Group A:5 and A:6 in 

supplement no. 1 to part 740 of the EAR 

countries, the wholly-owned 

subsidiaries of companies 

headquartered in countries from 

Country Group A:5 and A:6 in 

supplement no. 1 to part 740, or joint 

ventures of companies headquartered in 

Country Group A:5 and A:6 with other 

companies headquartered in Country 

Groups A:5 and A:6 (§ 740.13(c) of the 

EAR). 

(4) License Exception BAG, excluding 

firearms and ammunition (§ 740.14, 

excluding paragraph (e), of the EAR). 

(5) License Exception AVS 

(§ 740.15(a) and (b) of the EAR). 

(6) License Exception ENC excluding 

Russian ‘‘government end users’’ and 

Russian state-owned enterprises (SoEs) 

(§ 740.17 of the EAR). 

(7) License Exception CCD (§ 740.19 

of the EAR). 

■ 24. Supplement No. 2 to part 746 is 

amended by revising the introductory 

text of the supplement to read as 

follows: 

Supplement No. 2 to Part 746—Russian 

Industry Sector Sanction List 

The source for the Schedule B numbers 

and descriptions in this list comes from the 

Bureau of the Census’s Schedule B 

concordance of exports 2022. Census’s 

Schedule B List 2022 can be found at 

www.census.gov/foreign-trade/aes/ 

documentlibrary/#concordance. The 

Introduction Chapter of the Schedule B 

provides important information about 

classifying products and interpretations of 

the Schedule B, e.g., NESOI means Not 

Elsewhere Specified or Included. In addition, 

important information about products within 

a particular chapter may be found at the 

beginning of chapters. 

* * * * * 

■ 25. Add Supplement No. 3 to part 746 

to read as follows: 

Supplement No. 3 to Part 746— 

Countries Excluded From Certain 

License Requirements of § 746.8 

Countries listed in this supplement No. 3 

have committed to implementing 

substantially similar export controls on 

Russia under their domestic laws and are 

consequently excluded from certain 

requirements in § 746.8 of the EAR, as 

described in § 746.8(a)(4) and (5). The Scope 

column of the following table identifies 

whether the country receives a full or partial 

exclusion. For countries with partial 

exclusions, the items for which such 

exclusions apply are listed in the Scope 

column. 

Country Scope Federal Register citation 

Australia ........................................................ Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Austria .......................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Belgium ......................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Bulgaria ........................................................ Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Canada ......................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Croatia .......................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Cyprus .......................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Czech Republic ............................................ Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Denmark ....................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Estonia .......................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Finland .......................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

France .......................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Germany ....................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Greece .......................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Hungary ........................................................ Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Ireland ........................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Italy ............................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Japan ............................................................ Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Latvia ............................................................ Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Lithuania ....................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Luxembourg .................................................. Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Malta ............................................................. Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Netherlands .................................................. Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

New Zealand ................................................ Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Poland .......................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Portugal ........................................................ Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Romania ....................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Slovakia ........................................................ Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Slovenia ........................................................ Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Spain ............................................................ Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

Sweden ......................................................... Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

United Kingdom ............................................ Full ............................................................... 87 FR [INSERT FR PAGE NUMBER], 3/3/2022. 

PART 772—[AMENDED] 

■ 26. The authority citation for 15 CFR 

part 772 continues 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.; E.O. 

13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 

783. 

■ 27. Section 772.1 is amended by 

revising the definition of ‘‘Food’’ to read 

as follows: 

§ 772.1 Definitions of terms as used in the 

Export Administration Regulations (EAR). 

* * * * * 

Food. Specific to exports and 

reexports to North Korea, Syria, Crimea 

region of Ukraine, and the so-called 

Donetsk People’s Republic and Luhansk 

People’s Republic regions of Ukraine, 

food means items that are consumed by 

and provide nutrition to humans and 

animals, and seeds, with the exception 


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of castor bean seeds, that germinate into 

items that will be consumed by and 

provide nutrition to humans and 

animals. (Food does not include 

alcoholic beverages.) 

* * * * * 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2022–04300 Filed 2–24–22; 3:10 pm] 

BILLING CODE 3510–33–P 


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