13048 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 

1FR 2022–04300, scheduled to publish 3/3/2022. 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 734, 736, 738, 740, 742, 

744, and 746 

[Docket No. 220302–0065] 

RIN 0694–AI75 

Imposition of Sanctions Against 

Belarus Under the Export 

Administration Regulations (EAR) 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In response to Belarus’s 

substantial enabling of the Russian 

Federation’s (Russia)’s further invasion 

of Ukraine, this rule is adding new 

license requirements and review 

policies for Belarus to the Export 

Administration Regulations (EAR) to 

render Belarus subject to the same 

sanctions that were imposed on Russia 

under the EAR effective February 24, 

2022. These new sanctions impose new 

Commerce Control List (CCL)-based 

license requirements for Belarus; revise 

the two foreign ‘‘direct product’’ rules 

(FDP rules) that are specific to Russia 

and Russian ‘military end users’ to make 

them also applicable to Belarus and 

Belarusian ‘military end users;’ specify 

a license review policy of denial 

applicable to all of the license 

requirements on Belarus that are being 

added in this rule, with certain limited 

exceptions; significantly restrict the use 

of EAR license exceptions; expand the 

existing ‘military end use’ and ‘military 

end user’ control scope to include 

Belarus for all items ‘‘subject to the 

EAR’’ other than food and medicine 

designated EAR99; and add two new 

Belarusian entities to the Entity List as 

‘military end users.’ This rule also 

imposes a license requirement for 

nuclear nonproliferation items for 

exports and reexports to Belarus and 

removes Belarus from Country Group 

A:4 under the EAR. In addition, for 

Belarus and Russia, this rule amends the 

availability of License Exceptions AVS 

and ENC and includes clarifying 

guidance on the availability of CCD. 

DATES: This rule is effective on March 2, 

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– 

482–3355, Email: rpd2@bis.doc.gov. For 

emails, include ‘‘Russia and Belarus’’ in 

the subject line. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In response to Russia’s February 2022 

invasion of Ukraine and Belarus’s 

substantial enabling of this invasion by 

supporting the staging of Russian 

military forces on Belarusian territory 

and supporting the invasion to proceed 

from such territory, the Bureau of 

Industry and Security (BIS) imposes 

extensive sanctions on Belarus by 

amending the Export Administration 

Regulations (15 CFR parts 730–774) 

(EAR). This rule subjects Belarus to the 

same licensing restrictions under the 

EAR that were imposed on Russia as 

part of the final rule, Implementation of 

Sanctions Against Russia Under the 

Export Administration Regulations 

(EAR), effective on February 24, 2022 1

(‘‘Russia Sanctions rule’’). This rule also 

revises the designation for Belarus in 

the Country Groups in supplement no. 

1 to part 740 to impose a license 

requirement for Nuclear 

Nonproliferation (NP) column 1 in the 

Commerce Country Chart in supplement 

no. 1 to part 738 of the EAR, as 

described further below. 

Russia’s invasion of Ukraine, 

substantially enabled by Belarus, 

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 on 

both Russia and Belarus are one aspect 

of the broad U.S. Government response 

to Russia’s unprovoked aggression, 

along with Belarus’s substantial 

enabling of such aggression, and are 

being imposed in coordination with 

allies and partners. 

After imposing sanctions on Russia on 

February 24, 2022, in response to 

Russia’s further invasion of Ukraine, the 

U.S. Government announced that 

should Russia encroach further into 

Ukraine’s territory, it would impose 

additional, comprehensive sanctions 

with even graver consequences. The 

U.S. Government made it clear to the 

government of Belarus that there would 

be significant consequences should it 

enable or otherwise facilitate Russian 

military actions against Ukraine. 

Notably, State Department spokesman 

Ned Price told reporters on January 25, 

2022 that ‘‘[w]e’ve also made clear to 

Belarus that if it allows its territory to 

be used for an attack on Ukraine, it 

would face a swift and decisive 

response from the United States and our 

allies and partners.’’ 

The export control measures 

implemented in this final rule protect 

U.S. national security and foreign policy 

interests by restricting Belarus’s access 

to items that it needs to support its 

military capabilities and preventing 

such items from being diverted through 

Belarus to Russia. 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 and software subject to the 

EAR or other technology and software 

that is subject to the EAR that are 

essential inputs to Belarus’s and 

Russia’s key technology and other 

sectors. 

BIS is primarily targeting the 

Belarusian 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 

prevalence of U.S.-origin software, 

technology, and equipment (including 

tooling) used in advanced equipment 

and systems, these new controls, 

implemented in parallel with similarly 

stringent measures by partner and allied 

countries, will cover a broad scope of 

items that Belarus seeks to advance its 

military capabilities or to provide to the 

Russian government to enable the 

latter’s projection of power and 

fulfillment of its strategic ambitions. 

II. Overview of New Controls 

BIS is implementing a new license 

requirement for Belarus 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, supplement. no. 

1 to part 774 of the EAR (CCL). The new 

license requirement is added under new 

§ 746.8(a)(1) (Russia and Belarus 

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 


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safety of flight, ensure maritime safety, 

applications for civil nuclear 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 

Belarusian government or defense sector 

or present a risk of diversion to Russia. 

Additionally, BIS is revising two foreign 

‘‘direct product’’ rules (FDP rules) in 

§ 734.9 of the EAR that were added to 

the EAR in the Russia Sanctions rule to 

add Belarus to the scope of these two 

FDP rules. The first FDP rules now 

relates to both Russia and Belarus, as 

described in revised § 734.9(f) (the 

‘‘Russia/Belarus FDP rule’’). Foreignproduced items subject to the EAR 

under the Russia/Belarus 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, it will be 

subject to a general policy of denial but 

will be subject to case-by-case review 

for certain circumstances described 

further in § 746.8(b). 

The second FDP rule now targets both 

Russian and Belarusian ‘military end 

users,’ as described in revised § 734.9(g) 

(the ‘‘Russia/Belarus-MEU FDP rule’’), 

with the revisions made in this rule. 

Foreign-produced items subject to the 

EAR under the Russia/Belarus-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 and Belarus. 

These countries are identified in 

supplement No. 3 to part 746 (Russia 

and Belarus Exclusions List). They are 

excluded from the requirements of the 

Russia/Belarus FDP rule and the Russia/ 

Belarus MEU FDP rule 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 and Belarus 

Exclusions List and may only apply 

when the criteria specified in 

§ 746.8(a)(4) or (5) are met. 

As part of this rule, BIS is also adding 

Belarus as a country subject to ‘military 

end use’ and ‘military end user’ controls 

under § 744.21 of the EAR, thereby 

rendering Belarus subject to the 

expanded scope of the Russia Sanctions 

rule (i.e., a license is required for all 

items ‘‘subject to the EAR’’ except food 

and medicine designated EAR99. This 

rule also adds two Belarusian entities to 

the Entity List with a license 

requirement for the export, reexport, 

and transfer (in-country) of all items 

‘‘subject to the EAR,’’ including those 

items subject to the Russia/Belarus/ 

MEU FDP rule that applies to ‘military 

end users’ in Belarus. 

This rule removes the exclusion that 

was previously available for eight 

Russian ‘military end-users’’ for ECCNs 

5A992.c and 5D992.c when not for 

Russian ‘‘government end users’’ and 

Russian state-owned enterprises (SoEs) 

from the license requirements under 

§§ 746.8(a)(3) and 744.21(b). This rule 

also makes updates to § 746.8(c)(6), to 

use alternate criteria to reduce the risk 

of diversion. 

III. Amendments to the Export 

Administration Regulations (EAR) 

A. Making Belarus Subject to the 

Sanctions Recently Imposed on Russia 

Addition of Expansive License 

Requirements, Restrictive License 

Review Policies, and Restrictions on 

License Exception Eligibility for Belarus 

Consistent with the sanctions 

imposed on Russia as part of the Russia 

Sanctions rule, this rule adds expansive 

license requirements on Belarus, with 

similarly restrictive license review 

policies and restrictions on license 

exception eligibility. Specifically, this 

final rule revises § 746.8 to impose new 

sanctions against Belarus in part 746 of 

the EAR (Embargoes and Other Special 

Controls). Under paragraph (a) (License 

Requirements) of this section, this 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 (incountry) 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 (in-country) of foreign-produced 

‘‘direct products’’ subject to the EAR 

under the Russia/Belarus FDP rule or 

the Russia/Belarus MEU FDP rule. 

1. Section 746.8(a)(1) License 

Requirement 

Revises § 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 

Belarus 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. 

These new controls on Belarus mirror 

the broad controls imposed on Russia as 

part of the Russia Sanctions rule. In 

implementing these controls on Belarus, 

BIS is imposing broad transfer (incountry) requirements on an entire 

country, as it did on Russia, a restriction 

that reflects the significance of the U.S. 

national security and foreign policy 

concerns resulting from Belarus’s 

substantial enabling of Russia’s further 

invasion of Ukraine. These new license 

requirements are intended to restrict 

items to and within Belarus, thereby 

reducing the risk of diversion to the 

Russian military and Russian defense 

sector. Additionally, paragraph (a)(1) 

extends EAR license requirements to 

many items that did not previously 

require a license to Belarus 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 Belarus’s ability to 

obtain items that it is not able to 

produce and reduce the risk of their 

possible diversion to Russia. 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 

20 license applications being submitted 

to BIS annually. 

2. Section 746.8(a)(2) License 

Requirement for the Russia/Belarus FDP 

Rule 

Revised paragraph (a)(2) (Foreign 

produced ‘‘direct product’’ items subject 

to the EAR under the Russia/Belarus 

FDP rule) requirements are now 

expanded to apply to Belarus with this 

final rule. The Russia/Belarus FDP rule 

establishes a license requirement for 

foreign-produced items that meet 


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certain product scope and destination 

scope requirements in § 734.9(f) of the 

EAR. Specifically, the Russia/Belarus 

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, subject to the EAR when it is 

known that the foreign-produced item is 

destined to Belarus or will be 

incorporated into or used in the 

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

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

produced in or destined to Belarus. 

Notably, the product scope of the 

Russia/Belarus 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/Belarus 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/Belarus 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 or within a single 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 

Belarus. 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 Belarus or 

incorporated into or used in the 

production or development of any part 

component or equipment (not 

designated EAR99) produced in or 

ultimately destined to Belarus. 

BIS estimates new license 

requirements under § 746.8(a)(2) will 

result in an additional 100 license 

applications being submitted to BIS 

annually. 

3. Section 746.8(a)(3) License 

Requirement for the Russia/Belarus 

MEU FDP Rule 

This rule revises paragraph (a)(3) 

(Foreign-produced ‘‘direct product’’ 

items subject to the EAR under Russia/ 

Belarus Military End User FDP rule) of 

§ 746.8 to add Belarus. As applied to 

Russia as part of the Russia Sanctions 

rule, the Russia Military End User FDP 

rule established a license requirement 

for foreign-produced items that meet 

certain product scope and destination 

scope requirements in § 734.9(g) of the 

EAR. This FDP rule is now being 

revised to also include Belarusian 

‘military end users.’ The Russia/Belarus 

MEU FDP rule makes the ‘‘direct 

product’’ of any CCL software or 

technology subject to a license 

requirement (i.e., 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/Belarus MEU 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/Belarus 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. Because the Russia/Belarus 

MEU 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, or 2 

‘‘software’’ or ‘‘technology’’ 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/Belarus License Requirements 

Under Section 746.8 

This final rule also revises paragraph 

(a)(4) (Exclusion from license 

requirements under paragraphs (a)(2) 

and (3)) in § 746.8 to identify countries 

that BIS has determined are committed 

to implementing substantially similar 

export controls as part of their domestic 

sanctions against Belarus as well as 

Russia. The change made in this rule is 

limited to adding Belarus to the scope 

of the exclusion. 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 and Belarus Exclusions 

List). Similarly, this final rule revises 

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 Belarus. 

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 Antiterrorism (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 and 

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

exported to Russia or Belarus from a 

country on the Russia and Belarus 

Exclusions List. 

Excluded countries for purposes of 

§ 746.8 are identified in supplement no. 

3 to part 746—Countries Excluded from 

Certain Russia and Belarus License 

Requirements, also known as the Russia 

and Belarus Exclusions List. This rule 

updates the introductory text of the 

supplement to add Belarus. 

5. Licensing Policy for Applications 

Required Under § 746.8 

Under paragraph (b) (Licensing 

Policy) of § 746.8, applications for the 

export, reexport or transfer (in-country) 

of items to Russia that require a license 

under new paragraph (a)(1) and (2) will 

be reviewed, with certain limited 

exceptions, under a policy of denial. 

This rule amends this paragraph to 

apply the same licensing policy of 

denial to Belarus and also subject 

Belarus to case-by-case review for the 

same limited categories of transactions. 

Specifically, 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 Belarusian 

government or defense sector. These 

categories are as follows: Applications 

related to safety of flight, related to 


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maritime safety, to meet humanitarian 

needs, in support of government space 

cooperation; and 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 or Belarus 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 

Belarusian-headquartered companies. 

This final rule also specifies in 

paragraph (b) 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 paragraph (c) (License 

Exceptions), this final rule specifies that 

certain license exceptions that apply to 

§ 746.8(a)(1) and (2) for transactions 

involving Russia similarly apply for 

transactions involving Belarus. 

Specifically, the license exceptions that 

now apply to Belarus 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 

(which now excludes any aircraft 

registered in, owned, or controlled by, 

or under charter or lease by Russia or a 

national of Russia under this rule), 

§ 740.15(a) and (b); License Exception 

ENC, with its eligibility for purposes of 

§ 746.8(c)(6) being narrowed in this rule 

and now being limited to only civil endusers that are 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, 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. Paragraph (c) 

specifies that no license exceptions in 

connection with transactions involving 

Belarus 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. Russia and Belarus—FDP Rules 

In § 734.9 (Foreign-Direct Product 

(FDP) Rules), this final rule revises the 

two Foreign-Direct Product (FDP) rules 

that were added to the EAR as part of 

the Russia Sanctions rule by adding 

Belarus as a second country subject to 

FDP rules. The first of these two FDP 

rules targets Belarus as a destination, 

and the second targets Belarusian 

‘military end users’ by revising the 

headings of paragraphs (f), (f)(1) and (2), 

and (g), and (g)(1) and (2) to add 

Belarus. 

1. Addition of Belarus to the Russia FDP 

Rule 

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 § 734.9 and the 

destination scope in paragraph (f)(2) of 

§ 734.9 for Belarus. 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, as described 

above. Product scope for the Russia/ 

Belarus 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) 

apply 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) 

apply 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 FDP rules set 

forth in the EAR that applied to Belarus 

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 

§ 746.8 (Sanctions Against Russia), as 

described above. 

For a foreign-produced item to be 

subject to the EAR under the Russia/ 

Belarus FDP rule, the criteria in 

§ 734.9(f)(2) (Destination scope of the 

Russia/Belarus FDP rule) must also be 

met. Revised paragraph (f)(2) specifies 

that a foreign-produced item meets the 

destination scope of the Russia/Belarus 

FDP rule if there is ‘‘knowledge’’ that 

the foreign-produced item is destined to 

Russia or Belarus, 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 or Belarus. 

2. Addition of Belarus to the RussiaMilitary End User (Russia-MEU) FDP 

Rule 

Paragraph (g) of § 734.9 is renamed as 

the Russia/Belarus MEU FDP rule and 

now targets Belarusian as well as 

Russian ‘military end users.’ To address 

the significant support that these 

Belarusian ‘military end users’ provide 

to the Belarusian military, this more 

expansive FDP rule is warranted for 

these identified ‘military end users’ 

compared to the FDP rules that apply to 

certain destinations under the EAR. 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 revises 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 


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the Russia/Belarus 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.’’ These 

changes will result in many additional 

foreign-produced items being 

considered ‘‘subject to the EAR’’ 

compared to the other existing FDP 

rules for these Belarusian ‘military end 

users.’ 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 Belarus set forth in 

revised § 746.8. 

For a foreign-produced item to be 

subject to the EAR, the criteria in 

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

Russia/Belarus MEU FDP rule) must be 

met. Paragraph (g)(2) specifies that a 

foreign-produced item meets the 

destination scope of the Russia/Belarus 

MEU FDP rule if there is ‘‘knowledge’’ 

as specified in 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. 

Footnote 3 to the Entity List now also 

applies to Belarusian ‘military end 

users’ added to the Entity List as 

described below. Footnote 3 to the 

Entity List includes a cross reference to 

§§ 734.9(g), 746.8, and 744.21. As 

specified in 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 foreignproduced item, e.g., as a ‘‘purchaser,’’ 

‘‘intermediate consignee,’’ ‘‘ultimate 

consignee,’’ or ‘‘end-user.’’ Note 3 to 

paragraph (g) is revised to specify that 

for purposes of paragraph (g), a ‘military 

end user’ is any entity listed on the 

Entity List with a footnote 3 

designation. 

C. Conforming Changes and Corrections 

and Clarifications 

Based on the foregoing changes to the 

EAR, this final rule also makes certain 

conforming revisions to 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. These conforming revisions 

add references to Belarus to each of 

these EAR provisions, mirroring the 

addition of Russia to these provisions 

made as part of the Russian Sanctions 

Rule. 

1. Commerce Country Chart Changes 

In supplement no. 1 to part 738— 

Commerce Country Chart, as a 

conforming change, this final rule 

revises footnote 6 to add a reference to 

Belarus, 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, as well as the exclusion for 

countries identified in supplement no. 3 

to part 746. 

Also on the Country Chart, this final 

rule adds a ‘‘X’’ in the nuclear 

nonproliferation (NP) column 1 for 

Belarus. A license is now required for 

exports and reexports to Belarus for 

NP:1 items under the EAR. Requiring a 

license for NP:1 reasons for Belarus will 

control these NP:1 items in the same 

manner as if they are destined for 

Russia, another Nuclear Suppliers 

Group member that BIS has determined 

warrants the imposition of an NP:1 

license requirement under the EAR. BIS 

estimates that these revisions to impose 

a license requirement for NP:1 items for 

Belarus will result in an additional 10 

license applications being submitted to 

BIS annually. 

Lastly, on the Country Chart, this final 

rule adds a ‘‘X’’ in the NP column 2 for 

Belarus and Russia. A license is now 

required for exports and reexports to 

Belarus and Russia for NP:2 items under 

the EAR. Requiring a license for NP:2 

reasons for Belarus and Russia is 

warranted to include as part of these 

sanctions against Belarus and Ukraine. 

This decision to impose an NP:2 license 

requirement also takes into account that 

both Belarus and Russia are now 

designated in Country Group D:2 as 

countries of concern for nuclear 

proliferation concern. BIS estimates that 

these revisions to impose a license 

requirement for NP:1 items for Belarus 

and Russia will result in an additional 

60 license applications being submitted 

to BIS annually. As a conforming 

change for the imposition of a license 

requirement for NP:2 for Belarus and 

Russia, the final rule revises 

§ 742.3(b)(4) to specify there is a caseby-case license review policy when the 

export, reexport or transfer (in-country) 

is in support of Russian manufactured 

nuclear power plants in Russia or other 

destinations will be reviewed on a caseby-case basis. 

2. Commerce Country Groups Changes 

This final rule revises the Commerce 

Country Groups in supplement no. 1 to 

part 740 to remove the ‘‘X’’ in the 

column for Country Group A:4 Nuclear 

Suppliers Group. As a conforming 

revision, this final rule revises footnote 

3 to supplement no. 1 to part 740 to add 

Belarus to specify that Group A:4 is a 

list of the Nuclear Suppliers Group 

countries, except for the People’s 

Republic of China, Russia, and Belarus. 

This final rule also revises the 

Commerce Country Groups to add an 

‘‘X’’ in the column for Country Group 

D:2 Nuclear and D:4 Missile Technology 

to reflect that Belarus is a country of 

concern for both nuclear proliferation 

and missile technology proliferation. 

The inclusion in these two Country 

Groups will mean additional restrictions 

in terms of the use of EAR license 

exceptions, as well as some additional 

licenses requirements that will be 

applicable, such as under § 744.3(a)(1) 

and (3), which has a prohibition for 

missile technology end use that applies 

to Country Group D:4 countries, which 

now include Belarus. 

3. License Exception Changes 

This final rule amends License 

Exception CCD (§ 740.19), which was 

previously limited to Cuba and Russia 

(the latter added as part of the Russia 

Sanctions rule), by adding Belarus as an 

additional eligible destination. 

In § 740.19(a) (Authorizations), and in 

the introductory text of paragraph (b) 

(Eligible commodities and software), 

this rule adds Belarus. BIS reminds 

exporters, reexporters, and transferors 

that the terms and conditions of License 

Exception CCD excludes non-consumer 

servers and for servers received under 

License Exception CCD those must be 

exported, reexported, and transferred 

(in-country) in accordance with the 

terms and conditions. Consumer servers 

for home or personal use that may be 

authorized under License Exception 

CCD are intended to make it harder for 

the Russian government to control the 

message getting to the Russian people. 

Additionally, under paragraph (c)(1) 

(Organizations), this final rule revises 

paragraph (c)(1)(i), which identifies 

eligible end users for License Exception 

CCD, to add Belarus. The revision to 


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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 nongovernmental organizations in Belarus. 

This final rule also adds the Belarusian 

Government to the exclusions under 

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

paragraph (c)(1)(iv) (Ineligible 

Belarusian 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 makes changes to 

§ 746.8(c) as it relates to the availability 

of License Exceptions AVS and ENC. 

This rule revises section 746.8(c)(5) to 

exclude any aircraft registered in, 

owned, or controlled by, or under 

charter or lease by Russia or a national 

of Russia from using License Exception 

AVS under § 740.15(a) and (b) of the 

EAR. BIS takes this measure 

concurrently with the U.S. Department 

of Transportation and its Federal 

Aviation Administration, which have 

issued orders blocking Russian aircraft 

and airlines from entering and using all 

domestic U.S. airspace. 

This rule revises § 748.6(c)(6) to 

narrow the scope of License Exception 

ENC that is available to overcome the 

license requirement sunder § 748.6(a)(1) 

and (2). License Exception ENC, with its 

eligibility for purposes of § 746.8(c)(6) 

being narrowed in this rule and now 

being limited to only civil end-users 

that are 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, 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. 

4. Part 742 (Control Policy—CCL Based 

Controls) Revisions 

In part 742, as conforming revisions to 

the license review policy of denial 

added under paragraph (b) to new 

§ 746.8, this final rule makes revisions 

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 specify that a license review policy of 

denial applies to Belarus. This final rule 

revises two sentences to clarify that 

certain items, such as items to Russia 

and Belarus in support of U.S.-Russia 

and U.S.-Belarusian 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 specify that a license 

review policy of denial applies to 

Belarus. This final rule revises one 

sentence in §§ 742.3 and 742.5 to refer 

to Belarus, thereby clarifying that 

certain items, such as items to Russia 

and Belarus in support of U.S.-Russia 

and U.S.-Belarusian civil space 

cooperation activities, are reviewed on a 

case-by-case basis as specified under 

§ 746.8(b). 

Under § 742.4, this final rule also 

revises 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), 

to add a reference to Belarus, which is 

now also subject to the license review 

policy. 

Under § 742.6, this final rule revises 

paragraph (b)(9), to specify that all 

applications for Belarus will be 

reviewed in accordance with the 

licensing policy set forth in § 746.8(b), 

as well as being 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). 

5. Change in Scope of License 

Requirements for ECCN 5A992 and 

5D992 

In § 746.8, this rule revises the 

paragraph (a)(1) introductory text to add 

an exclusion from the license 

requirements of paragraphs (a)(1) and 

(2). The rule revises paragraph (a) 

introductory text that for purposes of 

paragraphs (a)(1) and (2), commodities 

and software classified under ECCNs 

5A992 or 5D992 do not require a license 

to or within Russia or Belarus 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. companies, joint ventures of 

U.S. companies with companies 

headquartered in countries from 

Country Group A:5 and A:6, the whollyowned subsidiaries of companies 

headquartered in countries from 

Country Group A:5 and A:6, 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. 

D. Changes to ‘Military End Use’ and 

‘End User’ Controls for Belarus 

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 imposition of such controls 

for Belarus. Additionally, these new 

controls will apply broadly to all items 

‘‘subject to the EAR’’ (the same scope of 

items that applies to Russia). As a result 

of the expanded controls for Belarus for 

‘military end users’ and ‘military end 

uses,’ BIS is revising the Entity List in 

supplement No. 4 to part 744 to make 

conforming changes. Accordingly, this 

final rule revises § 744.21 as follows to 

reflect the expanded ‘military end use’ 

and ‘military end user’ controls for 

Belarus: 

This final rule revises the heading of 

§ 744.21 to add Belarus. 

In paragraph (a), this final rule revises 

the first sentence to add a reference to 

Belarus after Russia to specify that the 

same scope of license requirements and 

exclusions will apply to Belarus. This 

final rule will require a license for all 

items subject to the EAR for Belarusian 

‘military end use’ and ‘military end 

users’ except for food or medicine 

designated as EAR99. As revised by this 

rule, the prohibition is broader for 

Belarus (and Russia) than 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 Belarusian entities 

placed on the Entity List based on 

§ 744.21(b). This final rule 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. 

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

requirements for parties to the 

transaction), this final rule also revises 

paragraph (b)(1)(ii) to add Belarus to the 

sentence that clarifies that, for purposes 

of Belarus (as well as 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 

Belarus, along with those for Russia, are 


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broader than for the other four 

countries. 

Under paragraph (e) (License review 

standards), this final rule revises one 

sentence to specify that the license 

review policy for applications to or 

within Belarus subject to the license 

requirements described in paragraph (a) 

will be a policy of denial. This policy 

is identical to the policy that applies to 

Russia. 

BIS estimates that these changes to 

§ 744.21 will result in an additional 20 

license applications being submitted to 

BIS annually. 

E. Changes to Military-Intelligence End 

Uses or End Users Controls for Belarus 

This rule also adds Belarus to the 

countries subject to the ‘militaryintelligence end use’ and ‘militaryintelligence end user’ (MIEU) 

restrictions in § 744.22 of the EAR. In 

addition to the license requirements for 

items specified on the CCL, § 744.22 

prohibits the export, reexport, or 

transfer (in-country) without a license of 

items subject to the EAR to Burma, 

China, the Russian Federation, 

Venezuela, or a country listed in 

Country Group E:1 or E:2. With the 

publication of this rule, Belarus is now 

added to the countries subject to this 

license requirement. Such exports, 

reexports, or transfers (in-country) 

require a license if, at the time of the 

export, reexport, or transfer (in-country), 

the exporter, reexporter, or transferor 

(in-country) has ‘‘knowledge,’’ as 

defined in § 772.1 of the EAR that the 

item is intended, entirely or in part, for 

a ‘military-intelligence end use,’ or 

‘military-intelligence end user,’ in 

Belarus, Burma, Cambodia, China, the 

Russian Federation, Venezuela or the 

countries listed in Country Group E:1 or 

E:2. Applications submitted for the 

export or reexport to Belarus, or transfer 

within Belarus, of an EAR item under 

this section will be reviewed with a 

presumption of denial. 

This final rule as a conforming change 

also revises Section 736.2(b)(7)(i)(5) to 

add a reference to Belarus. 

This rule also adds a new paragraph 

(f)(2)(x) for Belarus to identify The Main 

Intelligence Directorate of the General 

Staff of the Armed Forces of Belarus as 

a ‘military-intelligence end user.’ 

With this amendment to § 744.22 of 

the EAR, BIS is also revising 

§ 744.6(b)(5) of the EAR to restrict 

specific activities of ‘‘U.S. persons’’ in 

connection with a ‘military-intelligence 

end use’ or ‘military-intelligence end 

user’ in Belarus. BIS estimates that these 

new controls under §§ 744.6(b)(5) and 

744.21 will result in an additional 5 

license applications being submitted to 

BIS annually. 

F. Entity List Changes for Belarusian 

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 

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 

imposes 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. As 

discussed further below, the two entities 

being added in this rule will receive a 

footnote 3 designation because the ERC 

has determined they are ‘military end 

users’ in accordance with § 744.21. 

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. The ERC makes all 

decisions to add an entry to the Entity 

List by majority vote and all decisions 

to remove or modify an entry by 

unanimous vote. Decisions on Entity 

entries may also be made by higherlevel officials of agencies represented on 

the ERC. 

1. Additions to the Entity List 

This rule implements the decision of 

the ERC to add two entities—JSC 

Integral and The Ministry of Defence of 

the Republic of Belarus, including the 

Armed Forces of Belarus and all 

operating units wherever located. The 

entry for the Ministry of Defence of the 

Republic of Belarus includes the 

national armed services (armyor air 

force), as well as the national guard and 

national police, government intelligence 

or reconnaissance organizations of the 

Republic of Belarus. These two entities 

will be added to the Entity List under 

the destination Belarus. These entities 

will be added on the basis of 

§§ 744.11(b) and 744.21 and will be 

designated with footnote 3 because they 

are ‘military end users.’ Both entities are 

being added to the Entity List for being 

involved in activities that are contrary 

to U.S. national security and foreign 

policy interests, which include but are 

not limited to being closely aligned with 

the Russian military and helping to 

facilitate Belarus’s substantial enabling 

of Russia’s further invasion of Ukraine. 

Pursuant to §§ 744.11(b)(5) and 

744.21(e) and footnote 3 of the EAR, the 

ERC determined that the conduct of the 

above-described two entities raise 

sufficient concerns that prior review, via 

the imposition of a license requirement 

for exports, reexports, or transfers (incountry), of all items subject to the EAR. 

Moreover, as footnote 3 provides, a 

license is required to reexport, export 

from abroad, or transfer (in-country) to 

or within any destination any foreignproduced item subject to the EAR under 

§ 734.9(g) of the EAR other than food or 

medicine designated as EAR99. As 

provided in § 744.21(e), license 

applications will be reviewed under a 

policy of denial. No EAR license 

exceptions are available for these 

entities. 

For the reasons described above, this 

final rule adds the JSC Integral and The 

Ministry of Defence of the Republic of 

Belarus, including the Armed Forces of 

Belarus, to the Entity List. 

Belarus 

• JSC Integral; and 

• The Ministry of Defence of the 

Republic of Belarus, including the 

Reserve Forces (Army and Air Force), as 

well as the National Guard and National 

Police, Government Intelligence or 

Reconnaissance Organizations of the 

Republic of Belarus. 

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. Revisions to the Entity List 

This rule implements a modification 

to eight existing entries for ‘‘Argut 

OOO,’’ ‘‘International Center for 

Quantum Optics and Quantum 


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Technologies LLC,’’ ‘‘JSC Central 

Research Institute of Machine Building 

(JSC TsNIIMash),’’ ‘‘Kamensk-Uralsky 

Metallurgical Works J.S. Co.,’’ 

‘‘Oboronprom OJSC,’’ ‘‘PromtechDubna, JSC,’’ ‘‘Radiotechnical and 

Information Systems (RTI) Concern,’’ 

and ‘‘SP Kvant’’ under Russia that were 

added to the Entity List in the Russia 

Sanctions rule. Specifically, this rule 

modifies the entry for these eight 

entities to remove the exclusion for 

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

Russian or Belarusian ‘‘government end 

users’’ and Russian or Belarusian stateowned enterprises (SoEs). 

Savings Clause 

For the sanctions against Belarus 

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 March 2, 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. 

Sections 7201–7211) also serves as 

authority for this rule. 

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 three collections of 

information. BIS believes there will be 

minimal burden changes to two of these 

collections—Five-Year Records 

Retention Requirement for Export 

Transactions and Boycott Actions (OMB 

control number 0694–0096) and 

Automated Export System (AES) 

Program (OMB control number 0607– 

0152). 

However, ‘‘Multi-Purpose Application 

(OMB control number 0694–0088 will 

exceed existing estimates currently 

associated with this collection as the 

respondent burden will increase the 

estimated number of submissions by 

215 for license applications submitted 

annually to BIS. BIS estimates the 

burden hours associated with this 

collection would increase by 110 (i.e., 

215 applications × 30.6 minutes per 

response) for a total estimated cost 

increase of $3,300 (i.e., 110 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). 

Consistent with 5 CFR 1320.13, BIS 

requested, and OMB has approved, 

emergency clearance for an increase in 

the burden estimate under due to the 

additional license requirements 

imposed by this rule. 

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 736 and 738 

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, 736, 738, 740, 742, 

744, and 746 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 by 

revising paragraphs (f) and (g) to read as 

follows: 


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§ 734.9 Foreign-Direct Product (FDP) 

Rules. 

* * * * * 

(f) Russia/Belarus 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/Belarus 

FDP rule. The product scope applies if 

a foreign-produced 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 

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/ 

Belarus 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 Belarus 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 or Belarus. 

(g) Russia/Belarus-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 foreignproduced items that are subject to the 

EAR pursuant to this paragraph (g). 

(1) Product Scope of Russia/BelarusMilitary 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/ 

Belarus-‘Military End User’ FDP rule. A 

foreign-produced item meets the enduser 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 with a footnote 

3 designation. 

PART 736—GENERAL PROHIBITIONS 

■ 3. The authority citation for 15 CFR 

part 736 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. 

13338, 69 FR 26751, 3 CFR, 2004 Comp., p. 

168; Notice of November 10, 2021, 86 FR 

62891 (November 12, 2021); Notice of May 6, 

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

■ 4. Section 736.2 is amended by 

revising paragraph (b)(7)(i)(A)(5) to read 

as follows: 

§ 736.2 General prohibitions and 

determination of applicability. 

* * * * * 

(b) * * * 

(7) * * * 

(i) * * * 

(A) * * * 

(5) A ‘military-intelligence end use’ or 

a ‘military-intelligence end user,’ as 

defined in § 744.22(f) of the EAR, in 

Belarus, Burma, the People’s Republic 

of China, Russia, or Venezuela; or a 

country listed in Country Groups E:1 or 

E:2. 

* * * * * 

PART 738—COMMERCE CONTROL 

LIST OVERVIEW AND THE COUNTRY 

CHART 

■ 5. 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. 

■ 6. Supplement no. 1 to part 738 is 

amended by revising the entries for 

‘‘Belarus’’ and ‘‘Russia’’ and footnote 6 

to read as follows: 


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Supplement No. 1 to Part 738— 

Commerce Country Chart 

[REASON FOR CONTROL] 

Countries 

Chemical and 

biological weapons 

Nuclear 

nonproliferation 

National 

security 

Missile 

tech 

Regional 

stability 

Firearms 

convention 

Crime 

control 

Antiterrorism 

CB 1 CB 2 CB 3 NP 1 NP 2 NS 1 NS 2 MT 1 RS 1 RS 2 FC 1 CC 1 CC 2 CC 3 AT 1 AT 2 

*******

Belarus 6 .................. X X X X X X X X X X .................. X X .......... .......... ..........

* * * * * * * 

Russia 6 .................... X X X X X X X X X X .................. X X .......... .......... ..........

* * * * * * * 

******* 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 and Belarus, including additional license requirements for items listed in any ECCN in Categories 3, 4, 5, 6, 7, 8, or 9 of the CCL. 

* * * * * 

PART 740—LICENSE EXCEPTIONS 

■ 7. 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. 

■ 8. 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 or Belarus) 

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. 

* * * * * 

■ 9. 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, Russia, and Belarus 

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, Russia, and 

Belarus. 

* * * * * 

(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 

and for the use of independent nongovernmental organizations in Cuba, 

Russia, or Belarus. 

(ii) The Cuban Government, the 

Cuban Communist Party, the Russian 

Government, the Belarusian 

Government, and organizations 

administered or controlled by the Cuban 

Government, the Cuban Communist 

Party, the Russian Government, or the 

Belarusian 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. 

(iv) Ineligible Belarusian Government 

officials. Alyaksandr Lukashenko; Prime 

Minister and Deputy Prime Ministers; 

members of the Council of Ministers; 

members of the Security Council of 

Belarus; members and employees of the 

National Assembly of the Republic of 

Belarus; 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 Defense, 

including the National Armed Services 

(Army and Air Force), the National 


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Guard and National Police; and 

employees of Government Intelligence 

or Reconnaissance Organizations of the 

Republic of Belarus, including the 

Director and employees of the State 

Security Committee (BKGB); employees 

of the Ministry of Internal Affairs; 

employees of state committees; 

employees of the State Authority for the 

Military Industry; employees of the 

Border Control Committee of the 

Republic of Belarus; chief editors, 

editors and deputy editors of Belarusian 

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. 

■ 10. Supplement no. 1 to part 740 is 

amended by revising the entry for 

‘‘Belarus’’ and footnote 3 in the Country 

Group A table and the entry for 

‘‘Belarus’’ in the Country Group D table 

to read as follows: 

Supplement No. 1 to Part 740—Country 

Groups 

COUNTRY GROUP A 

Country 

[A:1] 

Wassenaar 

participating 

states 1

[A:2] 

Missile 

technology 

control 

regime 2

[A:3] 

Australia 

group 

[A:4] 

Nuclear 

suppliers 

group 3

[A:5] [A:6] 

*******

Belarus 

*******

1 Country Group A:1 is a list of the Wassenaar Arrangement Participating States, except for Malta, Russia and Ukraine. 

2 Country Group A:2 is a list of the Missile Technology Control Regime countries, except for Russia. 

3 Country Group A:4 is a list of the Nuclear Suppliers Group countries, except for the People’s Republic of China (PRC), Russia, and Belarus. 

* * * * * 

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

*******

Belarus .................................................................................. 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 

■ 11. The authority citation for 15 CFR 

part 742 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; 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). 

■ 12. 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 or Belarus, license 

applications will be reviewed under a 

policy of denial. However, exports and 

reexports of items to Russia or Belarus 

in support of U.S.-Russia or U.S.- 

Belarus civil space cooperation 

activities-will be reviewed on a case-bycase basis, as well as certain other 

certain specified activities specified in 

§ 746.8 of the EAR. See § 746.8(b). 

* * * * * 

■ 13. Section 742.3 is amended by 

revising the second and third sentences 

of paragraph (b)(4) to read as follows: 

§ 742.3 Nuclear nonproliferation. 

* * * * * 

(b) * * * 

(4) * * * When such items are 

destined to Russia or Belarus, license 

applications will be reviewed under a 

policy of denial. However, exports and 

reexports of items to Russia or Belarus 

in support of U.S.-Russia or U.S.- 

Belarus civil space cooperation 

activities or in support of Russian 

manufactured nuclear power plants in 


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Russia or other destinations will be 

reviewed on a case-by-case basis. * * * 

* * * * * 

■ 14. Section 742.4 is amended by 

revising paragraph (b)(9) to read as 

follows: 

§ 742.4 National security. 

* * * * * 

(b) * * * 

(9) For the Russian Federation and 

Belarus, all applications will be 

reviewed in accordance with the 

licensing policy set forth in § 746.8(b) of 

the EAR. 

* * * * * 

■ 15. Section 742.5 is amended by 

revising the second, third, and fourth 

sentences of paragraph (b)(5) to read as 

follows: 

§ 742.5 Missile technology. 

* * * * * 

(b) * * * 

(5) * * * When such items are 

destined to Russia or Belarus, license 

applications will be reviewed under a 

policy of denial. However, exports and 

reexports of items to Russia or Belarus 

in support of U.S.-Russia or U.S.- 

Belarus civil space cooperation 

activities-will be reviewed on a case-bycase basis. See § 746.8(b) of the EAR. 

* * * * * 

■ 16. Section 742.6 is amended by 

revising paragraph (b)(9) to read as 

follows: 

§ 742.6 Regional stability. 

* * * * * 

(b) * * * 

(9) Russia or Belarus. 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 

■ 17. 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). 

■ 18. Section 744.6 is amended by 

revising paragraphs (b)(5) to read as 

follows: 

§ 744.6 Restrictions on specific activities 

of ‘‘U.S. persons.’’ 

* * * * * 

(b) * * * 

(5) A ‘military-intelligence end use’ or 

a ‘military-intelligence end user,’ as 

defined in § 744.22(f), in Belarus, 

Burma, Cambodia, the People’s 

Republic of China, Russia, or Venezuela; 

or a country listed in Country Groups 

E:1 or E:2 (see supplement no. 1 to part 

740 of the EAR). 

* * * * * 

■ 19. Section 744.21 is revised to read 

as follows: 

§ 744.21 Restrictions on certain ‘military 

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

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,’’ without a license if, at the time 

of the export, reexport, or transfer (incountry), 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 Belarus, 

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 Belarus, 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 Belarus, 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 or 

Belarus may also 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. 

(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 


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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 to Russia or to Belarus when an 

entity that is listed on the Entity List 

under Russia or Belarus 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 Belarus, 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 or Belarus 

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 Belarus, 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. 

■ 20. Section 744.22 is amended by 

revising paragraphs (a), (b), and (f)(2) 

introductory text and adding paragraph 

(f)(2)(x) to read as follows: 

§ 744.22 Restrictions on exports, 

reexports, and transfers (in-country) to 

certain military-intelligence end uses or end 

users. 

(a) General prohibition. In addition to 

the license requirements for items 

specified on the Commerce Control List 

(CCL) (supplement no. 1 to part 774 of 

the EAR), you may not export, reexport, 

or transfer (in-country) any item subject 

to the EAR without a license from BIS 

if, at the time of the export, reexport, or 

transfer (in-country), you have 

‘‘knowledge’’ that the item is intended, 

entirely or in part, for a ’militaryintelligence end use’ or a ’militaryintelligence end user’ in Belarus, 

Burma, Cambodia, the People’s 

Republic of China (China), Russia, or 

Venezuela; or a country listed in 

Country Groups E:1 or E:2 (see 

supplement no. 1 to part 740 of the 

EAR). 

(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 subject to the EAR because 

there is an unacceptable risk of use in, 

or diversion to, a ‘military-intelligence 

end use’ or a ‘military-intelligence end 

user’ in Belarus, Burma, Cambodia, 

China, Russia, or Venezuela; or a 

country listed in Country Group E:1 or 

E:2 (see supplement no. 1 to part 740 of 

the EAR). 

* * * * * 

(f) * * * 

(2) ‘Military-intelligence end user’ 

means any intelligence or 

reconnaissance organization of the 

armed services (army, navy, marine, air 

force, or coast guard); or national guard. 

For license requirements applicable to 

other government intelligence or 

reconnaissance organizations in Belarus, 

Burma, Cambodia, China, Russia, or 

Venezuela, see § 744.21. Militaryintelligence end users subject to the 

license requirements set forth in this 

section include, but are not limited to, 

the following: 

* * * * * 


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Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 13061 

(x) Belarus. The Main Intelligence 

Directorate of the General Staff of the 

Armed Forces of Belarus. 

■ 21. Supplement No. 4 to part 744 is 

amended as follows: 

■ a. Under Belarus by adding in 

alphabetical order entries for ‘‘JSC 

Integral’’ and ‘‘The Ministry of Defence 

of the Republic of Belarus, including the 

Armed Forces of Belarus’’; and 

■ b. Under RUSSIA by revising the 

entries for ‘‘Argut OOO,’’ ‘‘International 

Center for Quantum Optics and 

Quantum Technologies LLC,’’ ‘‘JSC 

Central Research Institute of Machine 

Building (JSC TsNIIMash),’’ ‘‘KamenskUralsky Metallurgical Works J.S. Co.,’’ 

‘‘Oboronprom OJSC,’’ ‘‘PromtechDubna, JSC,’’ ‘‘Radiotechnical and 

Information Systems (RTI) Concern,’’ 

and ‘‘SP Kvant’’. 

The additions and revisions read as 

follows: 

Supplement No. 4 to Part 744—Entity 

List 

* * * * * 

Country Entity License requirement License review policy Federal Register 

citation 

*******

BELARUS .............. ******

JSC Integral, a.k.a., the following two 

aliases: 

—OAO Integral; and 

—Joint-Stock Company Integral 

—Holding Managing Company. 

121A, Kazintsa I.P. Str., Minsk, 220108, 

Belarus; and 

12 Korzhenevskogo Str., Minsk, 220108, 

Belarus; and 

137 Brestskaya Str., Pinsk, Brest region, 

225710, Belarus. 

All items subject to the EAR 

except for food or medicine 

designated as EAR99, or 

ECCN 5A992.c and 

5D992.c unless for 

Belarusian ‘‘government 

end users’’ and Belarusian 

state-owned enterprises 

(SoEs) to Belarus. (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] 3/8/2022. 

******

The Ministry of Defence of the Republic of 

Belarus, including the Armed Forces of 

Belarus and all operating units wherever 

located. This includes the national armed 

services (army and air force), as well as 

the national guard and national police, 

government intelligence or reconnaissance 

organizations of the Republic of Belarus. 

All addresses located in Belarus. 

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] 3/8/2022. 

******

*******

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

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. (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 FROM FR 2022– 

04300, SCHEDULED TO 

PUBLISH 3/3/2022], 3/3/22. 

87 FR [INSERT FR PAGE 

NUMBER] 3/8/2022. 

******

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. (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 FROM FR 2022– 

04300, SCHEDULED TO 

PUBLISH 3/3/2022], 3/3/22. 

87 FR [INSERT FR PAGE 

NUMBER] 3/8/2022. 

******

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. (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 FROM FR 2022– 

04300, SCHEDULED TO 

PUBLISH 3/3/2022], 3/3/22. 

87 FR [INSERT FR PAGE 

NUMBER] 3/8/2022. 

******

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. (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 FROM FR 2022– 

04300, SCHEDULED TO 

PUBLISH 3/3/2022], 3/3/22. 

87 FR [INSERT FR PAGE 

NUMBER] 3/8/2022. 

******


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13062 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 

Country Entity License requirement License review policy Federal Register 

citation 

Oboronprom OJSC, 29/141 Vereiskaya 

Street, Moscow, 121357 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 FROM FR 2022– 

04300, SCHEDULED TO 

PUBLISH 3/3/2022], 3/3/22. 

87 FR [INSERT FR PAGE 

NUMBER] 3/8/2022. 

******

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. (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 FROM FR 2022– 

04300, SCHEDULED TO 

PUBLISH 3/3/2022], 3/3/22. 

87 FR [INSERT FR PAGE 

NUMBER] 3/8/2022. 

******

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. (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 FROM FR 2022– 

04300, SCHEDULED TO 

PUBLISH 3/3/2022], 3/3/22. 

87 FR [INSERT FR PAGE 

NUMBER] 3/8/2022. 

******

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

—Kvant LLC; 

—Limited Liability Company Joint Venture 

Quantum Technologies; and 

—Joint Venture Quantum. 

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 FROM FR 2022– 

04300, SCHEDULED TO 

PUBLISH 3/3/2022], 3/3/22. 

87 FR [INSERT FR PAGE 

NUMBER] 3/8/2022. 

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

Varshavskoe, Moscow, 115230, Russia. 

******

* * * * * * * 

********

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. 

PART 746—EMBARGOES AND OTHER 

SPECIAL CONTROLS 

■ 22. The authority citation for 15 CFR 

part 746 is 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. 

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). 

■ 23. Section 746.8 is revised to read as 

follows: 

§ 746.8 Sanctions against Russia and 

Belarus. 

(a) License requirements. For 

purposes of paragraphs (a)(1) and (2) of 

this section, commodities and software 

classified under ECCNs 5A992 or 5D992 

that have been ‘classified in accordance 

with § 740.17’ do not require a license 

to or within Russia or Belarus 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. 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. 

(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 or Belarus 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/ 

Belarus 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/ 

Belarus FDP rule described in § 734.9(f) 

of the EAR. 

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

items subject to the EAR under Russia/ 

Belarus-Military 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 

(in-country) 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. 

(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 and Belarus under their domestic 

laws. Therefore, exports or reexports 

from the countries described in this 

supplement No. 3 to this part or 

transfers (in-country) 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 


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Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 13063 

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 or 

Belarus, 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 mean 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 paragraphs (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 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 or 

Belarusian government or defense 

sector: applications related to safety of 

flight; applications related to maritime 

safety; applications for civil nuclear 

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, 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 

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. 

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, excluding 

any aircraft registered in, owned, or 

controlled by, or under charter or lease 

by Russia or a national of Russia 

(§ 740.15(a) and (b) of the EAR). 

(6) License Exception ENC 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. 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) (§ 740.17 of the EAR). 

(7) License Exception CCD (§ 740.19 

of the EAR). 

■ 24. Supplement No. 3 to part 746 is 

amended by revising the first sentence 

of the introductory text to read as 

follows: 

Supplement No. 3 to Part 746— 

Countries Excluded from Certain 

License Requirements of § 746.8 

Countries listed in this supplement have 

committed to implementing substantially 

similar export controls on Russia and Belarus 

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). * * * 

* * * * * 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2022–04819 Filed 3–2–22; 5:05 pm] 

BILLING CODE 3510–33–P 


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