```

[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Rules and Regulations]
[Pages 99702-99705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29136]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 241205-0313]
RIN 0694-AJ96

Additions to the Entity List

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends 
the Export Administration Regulations (EAR) by adding 8 entities to the 
Entity List, under the destinations of Burma (2), China, People's 
Republic of (China) (2), and Russia (4). These entities have been 
determined by the U.S. Government to be acting contrary to the national 
security or foreign policy interests of the United States.

DATES: This rule is effective December 11, 2024.

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

SUPPLEMENTARY INFORMATION:

Background

The Entity List

    The Entity List (supplement no. 4 to part 744 of the EAR (15 CFR 
parts 730-774)) identifies entities for which there is reasonable cause 
to believe, based on specific and articulable facts, that the entities 
have been involved, are involved, or pose a significant risk of being 
or becoming involved in activities contrary to the national security or 
foreign policy interests of the United States, pursuant to Sec.  
744.11(b). The EAR imposes additional license requirements on, and 
limits the availability of, most license exceptions for exports, 
reexports, and transfers (in-country) when a listed entity is a party 
to the transaction. The license review policy for each listing is 
identified in the ``License Review Policy'' column on the Entity List, 
and the impact on the availability of license exceptions is described 
in the relevant Federal Register document that added the listing to the 
Entity List. BIS amends the Entity List pursuant to parts 744 (Control 
Policy: End-User and End-Use Based) and 746 (Embargoes and Other 
Special Controls) of the EAR.
    The End-User Review Committee (ERC), composed of representatives of 
the Departments of Commerce (Chair), State, Defense, Energy and, where 
appropriate, the Treasury, makes all decisions regarding additions to, 
removals from, or other modifications to the Entity List. The ERC makes 
all decisions to add an entry to the Entity List by majority vote and 
makes all decisions to remove or modify an entry by unanimous vote.

Entity List Decisions

Additions to the Entity List

    The ERC determined to add Sky Aviator Company Limited and Synpex 
Shwe Company Ltd., under the destination of Burma, to the Entity List. 
These additions are being made because Sky Aviator Company Limited, and 
Synpex Shwe Company Ltd., have supplied the Burmese military with parts 
and components that have enabled the military to carry out human rights 
violations, including brutal aerial attacks against the civilian 
population. These activities are contrary to the foreign policy 
interests of the United States under Sec.  744.11 of the EAR. Licenses 
to export, reexport or transfer (in-country) items subject to the EAR 
to both of these entities will be required for all items subject to the 
EAR, and license applications will be reviewed with a license review 
policy of presumption of denial.
    The ERC determined to add Beijing Zhongdun Security Technology 
Group Co., Ltd. and Zhejiang Uniview Technologies Co., Ltd., under the 
destination of China, to the Entity List. Beijing Zhongdun Security 
Technology Group Co., Ltd. is being added because it develops and sells 
products and services that enable China's public security establishment 
to carry out human rights violations. Zhejiang Uniview Technologies 
Co., Ltd. is being added because it enables human rights violations, 
including high-technology surveillance targeted at the general 
population, Uyghurs, and members of other ethnic and religious minority 
groups. These activities are contrary to the foreign policy interests 
of the United States under Sec.  744.11 of the EAR. Licenses to export, 
reexport or transfer (in-country) items subject to the EAR to both of 
these entities will be required for all items subject to the EAR, and 
license applications will be reviewed with a license review policy of 
presumption of denial.
    The ERC determined to add Aviasnab LLC and Joint Stock Company 
Gorizont, under the destination of Russia, to the Entity List. These 
additions are being made because Aviasnab LLC and Joint Stock Company 
Gorizont have supplied

[[Page 99703]]

the Burmese military with parts and components that have enabled the 
military to carry out human rights violations, including brutal aerial 
attacks against the civilian population. These activities are contrary 
to the foreign policy interests of the United States under Sec.  744.11 
of the EAR. Licenses to export, reexport or transfer (in-country) items 
subject to the EAR to both of these entities will be required for all 
items subject to the EAR, and license applications will be reviewed 
with a license review policy of presumption of denial.
    The ERC determined to add NTechLab LLC and Technology Videoanalysis 
LLC, under the destination of Russia, to the Entity List. These 
additions are being made because NtechLab LLC and Technology 
Videoanalysis LLC develop and supply facial recognition software to the 
Russian government that uses these products and services to track and 
target peaceful protesters and activists. The products and services 
that these companies provide have become integral to Russia's mass-
surveillance apparatus. These activities are contrary to the foreign 
policy interests of the United States under Sec.  744.11 of the EAR. 
Licenses will be required for all items subject to the EAR. License 
applications will be reviewed with a license review policy of 
presumption of denial.
    For the reasons described above, this final rule adds the following 
8 entities including aliases where appropriate, to the Entity List:
Burma
     Sky Aviator Company Limited; and
     Synepex Shwe Company Ltd.
China
     Beijing Zhongdun Security Technology Group Co., Ltd.; and
     Zhejiang Uniview Technologies Co., Ltd.
Russia
     Aviasnab LLC;
     Joint Stock Company Gorizont;
     NtechLab LLC; and
     Technology Videoanalysis LLC.

Savings Clause

    For the changes being made in this final rule, shipments of items 
removed from eligibility for a License Exception or export, reexport, 
or transfer (in-country) without a license (NLR) as a result of this 
regulatory action that were en route aboard a carrier to a port of 
export, reexport, or transfer (in-country), on December 11, 2024, 
pursuant to actual orders for export, reexport, or transfer (in-
country) to or within a foreign destination, may proceed to that 
destination under the previous eligibility for a License Exception or 
export, reexport, or transfer (in-country) without a license (NLR) 
before January 10, 2025. Any such items not actually exported, 
reexported or transferred (in-country) before midnight, on January 10, 
2025, require a license in accordance with this final rule.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019, which 
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities 
and serves as the authority under which BIS issues this rule. In 
particular, section 1753 of ECRA (50 U.S.C. 4812) authorizes the 
regulation of exports, reexports, and transfers (in-country) of items 
subject to U.S. jurisdiction. Further, section 1754(a)(1)-(16) of ECRA 
(50 U.S.C. 4813(a)(1)-(16)) authorizes, inter alia, establishing and 
maintaining a list of foreign persons and end-uses that are determined 
to be a threat to the national security and foreign policy of the 
United States pursuant to the policy set forth in section 1752(2)(A), 
and restricting exports, reexports, and in-country transfers of any 
controlled items to any foreign person or end-use so listed; apprising 
the public of changes in policy, regulations, and procedures; and any 
other action necessary to carry out ECRA that is not otherwise 
prohibited by law. Pursuant to section 1762(a) of ECRA (50 U.S.C. 
4821(a)), these changes can be imposed in a final rule without prior 
notice and comment.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes 
of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to or be subject to a penalty for failure to comply 
with a collection of information, subject to the requirements of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless 
that collection of information displays a currently valid Office of 
Management and Budget (OMB) Control Number. This regulation involves an 
information collection approved by OMB under control number 0694-0088, 
Simplified Network Application Processing System. BIS does not 
anticipate a change to the burden hours associated with this collection 
as a result of this rule. Information regarding the collection, 
including all supporting materials, can be accessed at https://www.reginfo.gov/public/do/PRAMain.
    3. This rule does not contain policies with federalism implications 
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of 
2018, this action is exempt from the Administrative Procedure Act (5 
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity 
for public participation, and delay in effective date.
    5. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule by 5 U.S.C. 
553, or by any other law, the analytical requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable. 
Accordingly, no regulatory flexibility analysis is required, and none 
has been prepared.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15 
CFR parts 730-774) is amended as follows:

PART 744--END-USE AND END-USER CONTROLS

0
1. The authority citation for part 744 is revised to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 
61 FR 58767, 3 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 7, 2023, 88 FR 62439 (September 11, 2023); Notice of 
November 1, 2023, 88 FR 75475 (November 3, 2023).

0
2. Supplement no. 4 is amended by:
0
a. Under BURMA, adding entries in alphabetical order for ``Sky Aviator 
Company Limited'' and ``Synepex Shwe Company Ltd.''
0
b. Under CHINA, PEOPLE'S REPUBLIC OF adding entries in alphabetical 
order for ``Beijing Zhongdun Security Technology Group Co., Ltd.'' and 
``Zhejiang Uniview Technologies Co., Ltd.;'' and
0
c. Under RUSSIA, adding entries in alphabetical order for ``Aviasnab 
LLC'', ``Joint Stock Company Gorizont'',

[[Page 99704]]

``NtechLab LLC'', and ``Technology Videoanalysis LLC''.
    The additions read as follows:

Supplement No. 4 to Part 744--Entity List

* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                   License review      Federal Register
         Country                                       Entity                              License requirement         policy              citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Burma....................                                                            * * * * * *
                           Sky Aviator Company Limited, a.k.a., the following four         For all items        Presumption of       89 FR [INSERT FR
                            aliases:                                                        subject to the       denial.              PAGE NUMBER] AND
                           --Sky Aviator Company Ltd.;                                      EAR. (See Sec.                            December 11, 2024.
                           --Sky Aviator Co.;                                               744.11 of the EAR).
                           --Sky Aviator.; and
                           --Sky Aviator Co. Ltd.
                           No. (204/2), Myinthar 11th Street, 14/1 Ward, South Okkalarpa
                            Township, Yangon Region, Burma; and No. 286, Bogyoke Street,
                            Ward No. 2, Waibargi, North Okkalarpa Township, Yangon
                            Region, Burma.
                                                                                     * * * * * *
                           Synpex Shwe Company Ltd., a.k.a., the following one alias:      For all items        Presumption of       89 FR [INSERT FR
                           --SS Techniques Company Limited.                                 subject to the       denial.              PAGE NUMBER] AND
                           Nat Yay Kann (1) Street, No.1259, (35) Quarter, North Dagon      EAR. (See Sec.                            December 11, 2024.
                            Township, Yangon Region, Burma.                                 744.11 of the EAR).
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHINA, PEOPLE'S REPUBLIC                                                             * * * * * *
 OF.
                           Beijing Zhongdun Security Technology Group Co., Ltd., a.k.a ,   For all items        Presumption of       89 FR [INSERT FR
                            the following one alias:                                        subject to the       denial.              PAGE NUMBER] AND
                           --Beijing Zhongdun Security Technology Development Co.           EAR. (See Sec.                            December 11, 2024.
                           No. 1, Shouti South Road, Haidian District, Beijing, China;      744.11 of the EAR).
                            and No. 1 Capital Gymnasium South Road, Beijing, China.
                                                                                     * * * * * *
                           Zhejiang Uniview Technologies Co., Ltd., a.k.a., the following  For all items        Presumption of       89 FR [INSERT FR
                            one alias:                                                      subject to the       denial.              PAGE NUMBER] AND
                           --Uniview.                                                       EAR. (See Sec.                            December 11, 2024.
                           No. 369, Xietong Road, Xixing Sub-district, Binjiang District,   744.11 of the EAR).
                            Hangzhou City, Zhejiang Province, 310051, China.
                                                                                     * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     * * * * * *
RUSSIA...................                                                             * * * * *
                           Aviasnab LLC, Leningradskaya Street, Khimki, Moscow Region,     For all items        Presumption of       89 FR [INSERT FR
                            141400, Russia.                                                 subject to the       denial.              PAGE NUMBER] AND
                                                                                            EAR. (See Sec.                            December 11, 2024.
                                                                                            744.11 of the EAR).
                                                                                     * * * * * *
                           Joint Stock Company Gorizont, 2 ``J'' Omskaya Street, Rostov-   For all items        Presumption of       89 FR [INSERT FR
                            on-Don, 344068, Russia.                                         subject to the       denial.              PAGE NUMBER] AND
                                                                                            EAR. (See Sec.                            December 11, 2024.
                                                                                            744.11 of the EAR).
                                                                                     * * * * * *
                           NtechLab LLC, a.k.a., the following two aliases:                For all items        Presumption of       89 FR [INSERT FR
                           --NtechLab; and                                                  subject to the       denial.              PAGE NUMBER] AND
                           --ntech lab.                                                     EAR. (See Sec.                            December 11, 2024.
                           Novolesnaya Ulitsa, Dom 2, Pomeshchenie 1/3, Moscow, 127055,     744.11 of the EAR).
                            Russia.
                                                                                     * * * * * *
                           Technology Videoanalysis LLC, a.k.a., the following two         For all items        Presumption of       89 FR [INSERT FR
                            aliases:                                                        subject to the       denial.              PAGE NUMBER] AND
                           --Tevian; and                                                    EAR. (See Sec.                            December 11, 2024.
                           --Technologii Videoanaliza.                                      744.11 of the EAR).
                           Skulptora Muchinoi Ulitsa, Dom 7, Floor 1 pomeshchenie II
                            komnata 2v, Moscow, 119634, Russia.
                                                                                     * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 99705]]

* * * * *

Matthew S. Borman,
Principal Deputy Assistant Secretary for Strategic Trade and Technology 
Security.
[FR Doc. 2024-29136 Filed 12-10-24; 8:45 am]
BILLING CODE 3510-33-P
```