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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 4617-4620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00704]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 250108-0010]
RIN 0694-AJ76

Addition of Entities to and Revision of Entry on the Entity List

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

ACTION: Final rule.

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SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends 
the Export Administration Regulations (EAR) by adding 11 entities under 
11 entries to the Entity List. These entries are listed on the Entity 
List under the destination of China, People's Republic of (China) (11). 
These entities have been determined by the U.S. Government to be acting 
contrary to the national security and/or foreign policy interests of 
the United States. This rule also revises one existing entry on the 
Entity List under the destination of India.

DATES: This rule is effective January 16, 2025.

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

SUPPLEMENTARY INFORMATION:

Background

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

Additions to the Entity List

    The ERC determined to add Beijing Zhipu Huazhang Technology Co., 
Ltd.; Beijing Lingxin Intelligent Technology Co., Ltd.; Beijing Yuanyin 
Intelligent Technology Co., Ltd.; Beijing Zhipu

[[Page 4618]]

Future Technology Co., Ltd.; Beijing Zhipu Linghang Technology Co., 
Ltd.; Beijing Zhipu Qingyan Technology Co., Ltd.; Hangzhou Zhipu 
Huazhang Technology Co., Ltd.; Nanjing Zhihu Information Technology 
Co., Ltd.; Shanghai Zhipu Huanyu Technology Co., Ltd.; and Shenzhen 
Zhipu Future Technology Co., Ltd., to the Entity List, under the 
destination of China. These additions are being made because these 
entities advance the People's Republic of China's military 
modernization through the development and integration of advanced 
artificial intelligence research. This activity is contrary to the 
national security and foreign policy interests of the United States 
under Section 744.11 of the EAR. A license is required for all items 
subject to the EAR, with a license review policy of a presumption of 
denial.
    The ERC determined to add Beijing Keyi Hongyuan Optoelectronics 
Co., Ltd. to the Entity List, under the destination of China. 
Specifically, this entity is co-developing lithography technology for 
advanced-node fabrication facilities in China. This technology will 
enable indigenous production in China of advanced integrated circuits 
for military end-use. This activity is contrary to the national 
security and foreign policy interests of the United States under Sec.  
744.11 of the EAR. A license is required for all items subject to the 
EAR, with a license review policy of a presumption of denial.
    For the reasons described above, this final rule adds the following 
11 entities under 11 entries to the Entity List and includes, where 
appropriate, aliases:

China

     Beijing Keyi Hongyuan Optoelectronics Co., Ltd.,
     Beijing Lingxin Intelligent Technology Co., Ltd.,
     Beijing Yuanyin Intelligent Technology Co., Ltd.,
     Beijing Zhipu Future Technology Co., Ltd.,
     Beijing Zhipu Huazhang Technology Co., Ltd.,
     Beijing Zhipu Linghang Technology Co., Ltd.,
     Beijing Zhipu Qingyan Technology Co., Ltd.,
     Hangzhou Zhipu Huazhang Technology Co., Ltd.,
     Nanjing Zhihu Information Technology Co., Ltd.,
     Shanghai Zhipu Huanyu Technology Co., Ltd., and
     Shenzhen Zhipu Future Technology Co., Ltd.

Modifications to the Entity List

    The ERC determined to modify one existing entry on the Entity List, 
``The following Department of Atomic Energy entities'' under the 
destination of India. Specifically, the ERC determined to remove the 
three entities listed within the entry (``Indian Rare Earths,'' 
``Indira Gandhi Atomic Research Center (IGCAR),'' and ``Bhabha Atomic 
Research Center (BARC)'') but continue to list the relevant facilities 
(Nuclear reactors (including power plants) not under International 
Atomic Energy Agency (IAEA) safeguards, (excluding Kundankulam 1 and 
2); fuel reprocessing and enrichment facilities; and heavy water 
production facilities and their collocated ammonia plants) in the 
entry.
    The ERC determined to remove three entities from the entry based on 
information received pursuant to Sec.  744.16(e) of the EAR and the 
review that the ERC conducted in accordance with the procedures 
described in supplement no. 5 to part 744 of the EAR. Modifying the 
Department of Atomic Energy entry to remove Indian Rare Earths, IGCAR, 
and BARC will support U.S. foreign policy objectives by reducing 
barriers to advance energy cooperation, including joint research and 
development and science and technology cooperation, towards shared 
energy security needs and goals. It will also enable closer cooperation 
between the United States and India to secure more resilient critical 
minerals and clean energy supply chains, following through on a leader-
level commitment to hasten bilateral collaboration at a time when these 
supply chains have grown increasingly fragile. The United States and 
India share a commitment to advance peaceful nuclear cooperation and 
associated research and development activities, with strengthened 
science and technology cooperation over the past several years which 
has benefitted both countries and their partner countries around the 
world. The removal of the three entities from the entry aligns with and 
supports the overall ambition and strategic direction of the U.S.-India 
partnership.
    Prior to their removal, a license was required for all items 
subject to the EAR to these three entities regardless of the item's end 
use. With the removal of BARC, IGCAR, and India Rare Earths from the 
entry on the Entity List, a license is no longer required for exports 
to these three entities unless the end use is listed in Sec.  744.2 of 
the EAR. Section 744.2 of the EAR prohibits exports, reexports, and 
transfers (in-country) of items subject to the EAR to defined nuclear 
proliferation activities, to any destination, other than countries in 
supplement no.3 to part 744. As India is not listed in supplement no.3 
to part 744, exporters, re-exporters and transferors (in-country) are 
reminded that they are required to seek a license if they know or have 
reason to know that the exported item(s) will be used in any of the 
activities listed in Sec.  744.2 of the EAR for all end-users in India, 
regardless of whether they are listed on the Entity List or not.
    India has openly tested nuclear weapons and openly declared that it 
possesses nuclear weapons. India has publicized its nuclear energy and 
nuclear fuel-cycle plans. Information on India's nuclear activities is 
readily available from a variety of reputable sources. Furthermore, 
India has publicized the list of civil nuclear facilities that are 
subject to IAEA safeguards. This list is available on the IAEA website 
as INFCIRC/754. Exporters should seek guidance from BIS if they are 
unsure if the exported item(s) will be used in nuclear explosive 
activities and/or unsafeguarded nuclear activities.

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 January 16, 2025, 
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 February 18, 2025. Any such items not actually exported, 
reexported, or transferred (in-country) before midnight, on February 
18, 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

[[Page 4619]]

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 (PRA) (44 U.S.C. 3501 et seq.), unless 
that collection of information displays a currently valid Office of 
Management and Budget (OMB) Control Number. This regulation involves an 
information collection approved by OMB under control number 0694-0088, 
Simplified Network Application Processing System. BIS does not 
anticipate a change to the burden hours associated with this collection 
as a result of this rule. Information regarding the collection, 
including all supporting materials, can be accessed at: https://www.reginfo.gov/public/do/PRAMain.
    3. This rule does not contain policies with federalism implications 
as that term is defined in Executive Order 13132.
    4. Pursuant to Section 1762 of the Export Control Reform Act of 
2018, this action is exempt from the Administrative Procedure Act (5 
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity 
for public participation, and delay in effective date. 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 in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

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

PART 744--CONTROL POLICY: END-USER AND END-USE BASED

0
1. 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 18, 2024, 89 FR 77011 (September 20, 2024); Notice of 
November 7, 2024, 89 FR 88867 (November 8, 2024).

0
2. Supplement no. 4 to part 744 is amended by:
0
a. Under CHINA, PEOPLE'S REPUBLIC OF, by adding, in alphabetical order, 
entries for ``Beijing Keyi Hongyuan Optoelectronics Co., Ltd.;'' 
``Beijing Lingxin Intelligent Technology Co., Ltd.;'' ``Beijing Yuanyin 
Intelligent Technology Co., Ltd.,'' ``Beijing Zhipu Future Technology 
Co., Ltd.,'' ``Beijing Zhipu Huazhang Technology Co., Ltd.,'' ``Beijing 
Zhipu Linghang Technology Co., Ltd.,'' ``Beijing Zhipu Qingyan 
Technology Co., Ltd.,'' ``Hangzhou Zhipu Huazhang Technology Co., 
Ltd.,'' ``Nanjing Zhihu Information Technology Co., Ltd.,'' ``Shanghai 
Zhipu Huanyu Technology Co., Ltd.,'' and ``Shenzhen Zhipu Future 
Technology Co., Ltd.,'' and
0
b. Under India, revising the entry for ``The following Department of 
Atomic Energy entities.''
    The additions and modification read as follows:

Supplement No. 4 to Part 744--Entity List

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                                                          License                               Federal Register
        Country                    Entity               requirement     License review  policy      citation
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                                                  * * * * * * *
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CHINA, PEOPLE'S
 REPUBLIC OF.
                                                               * * * * * *
                        Beijing Keyi Hongyuan        For all items     Presumption of denial..  90 FR [INSERT FR
                         Optoelectronics Co., Ltd.,   subject to the                             PAGE NUMBER]
                         a.k.a., the following        EAR (See Sec.                              January 16,
                         three aliases:               744.11 of the                              2025.
                        --RSLaser;                    EAR).
                        --Beijing RSLaser
                         Photoelectric Technology;
                         and
                        --Beijing RSLaser Opto-
                         Electronics.
                        No. 19, Rongxing North 1st
                         Street, Daxing District,
                         Beijing, China.
                                                               * * * * * *
                        Beijing Lingxin Intelligent  For all items     Presumption of denial..  90 FR [INSERT FR
                         Technology Co., Ltd.,        subject to the                             PAGE NUMBER]
                        7th Floor, Building 9, No.    EAR. (See Sec.                             January 16,
                         1, Zhongguancun East Road,    744.11 of the                             2025.
                         Haidian District, Beijing,   EAR).
                         China; and Room 4-1106,
                         11th Floor, No. 28 Chengfu
                         Road, Haidian District,
                         Beijing, China.
                                                               * * * * * *
                        Beijing Yuanyin Intelligent  For all items     Presumption of denial..  90 FR [INSERT FR
                         Technology Co., Ltd.,        subject to the                             PAGE NUMBER]
                        Room 07-128, 101, 7th         EAR. (See Sec.                             January 16,
                         Floor, No. 219 Wangfujing     744.11 of the                             2025.
                         Street, Dongcheng            EAR).
                         District, Beijing, China;
                         and Room 801, 8th Floor,
                         Building 9, No. 1,
                         Zhongguancun East Road,
                         Haidian District, Beijing,
                         China.

[[Page 4620]]

 
                                                               * * * * * *
                        Beijing Zhipu Future         For all items     Presumption of denial..  90 FR [INSERT FR
                         Technology Co., Ltd.,        subject to the                             PAGE NUMBER]
                        Room 801, 8th Floor,          EAR. (See Sec.                             January 16,
                         Building 9, No. 1,            744.11 of the                             2025.
                         Zhongguancun East Road,      EAR).
                         Haidian District, Beijing,
                         China.
                        Beijing Zhipu Huazhang       For all items     Presumption of denial..  90 FR [INSERT FR
                         Technology Co., Ltd.,        subject to the                             PAGE NUMBER]
                         a.k.a., the following two    EAR. (See Sec.                             January 16,
                         aliases:                      744.11 of the                             2025.
                        --Zhipu AI; and               EAR).
                        --Beijing Knowledge Atlas
                         Technology Co., Ltd.
                        Floor 10, Building 9, No.
                         1, Zhongguancun East Road,
                         Haidian District, Beijing,
                         100080, China.
                        Beijing Zhipu Linghang       For all items     Presumption of denial..  90 FR [INSERT FR
                         Technology Co., Ltd.,        subject to the                             PAGE NUMBER]
                        Room 306-4, 3rd Floor,        EAR. (See Sec.                             January 16,
                         Building 6, No. 10 Kegu       744.11 of the                             2025.
                         1st Street, Beijing          EAR).
                         Economic and Technological
                         Development Zone, Beijing,
                         China.
                        Beijing Zhipu Qingyan        For all items     Presumption of denial..  90 FR [INSERT FR
                         Technology Co., Ltd.,        subject to the                             PAGE NUMBER]
                        Room 202, 2nd Floor,          EAR. (See Sec.                             January 16,
                         Building 13, No. 98           744.11 of the                             2025.
                         Lianshihu West Road,         EAR).
                         Mentougou District,
                         Beijing, China.
                                                              * * * * * * *
                        Hangzhou Zhipu Huazhang      For all items     Presumption of denial..  90 FR [INSERT FR
                         Technology Co., Ltd.,        subject to the                             PAGE NUMBER]
                        Room 551, No. 857, 859,       EAR. (See Sec.                             January 16,
                         Shixin North Road,            744.11 of the                             2025.
                         Yingfeng Street, Xiaoshan    EAR).
                         District, Hangzhou,
                         Zhejiang Province, China.
                                                              * * * * * * *
                        Nanjing Zhihu Information    For all items     Presumption of denial..  90 FR [INSERT FR
                         Technology Co., Ltd.,        subject to the                             PAGE NUMBER]
                        Room 605, South Building      EAR. (See Sec.                             January 16,
                         (Block E), Phase II,          744.11 of the                             2025.
                         Dingye Baitai Biological     EAR).
                         Building, No. 10 Xinghuo
                         Road, Jiangbei New
                         District, Nanjing, Jiangsu
                         Province, China; and Room
                         412, Main Building, Zhixin
                         Technology Building, No.
                         15 Xinghuo Road, Jiangbei
                         New District, Nanjing,
                         Jiangsu Province, China.
                                                              * * * * * * *
                        Shanghai Zhipu Huanyu        For all items     Presumption of denial..  90 FR [INSERT FR
                         Technology Co., Ltd.,        subject to the                             PAGE NUMBER]
                        3rd Floor, Building 1, No.    EAR. (See Sec.                             January 16,
                         400, Fangchun Road, China     744.11 of the                             2025.
                         (Shanghai) Pilot Free        EAR).
                         Trade Zone, Shanghai,
                         China.
                                                              * * * * * * *
                        Shenzhen Zhipu Future        For all items     Presumption of denial..  90 FR [INSERT FR
                         Technology Co., Ltd.,        subject to the                             PAGE NUMBER]
                        Building A701, Vanke Cloud    EAR. (See Sec.                             January 16,
                         City Phase 6, Dashi 2nd       744.11 of the                             2025.
                         Road, Xili Community, Xili   EAR).
                         Street, Nanshan District,
                         Shenzhen, Guangdong
                         Province, China; and
                         C1202, Building 2,
                         Shenzhen Software Industry
                         Base, No. 87, 89, and 91,
                         Gaoxin South 10th Road,
                         Nanshan District,
                         Shenzhen, Guangdong
                         Province, China.
                                                               * * * * * *
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INDIA
                                                               * * * * * *
                        The following Department of  For all items     Case-by-case for all     63 FR 64322, 11/
                         Atomic Energy facilities:    subject to the    items listed on the      19/98
                        --Nuclear reactors            EAR.              CCL. Presumption of     65 FR 14444, 3/
                         (including power plants)                       approval for EAR99       17/00
                         not under International                        items. See Sec.         66 FR 50090, 10/
                         Atomic Energy Agency                           744.2(d) of the EAR.     1/01
                         (IAEA) safeguards,                                                     69 FR 56694, 9/
                         (excluding Kundankulam 1                                                22/04.
                         and 2);                                                                90 FR [INSERT FR
                        --Fuel reprocessing and                                                  PAGE NUMBER]
                         enrichment facilities; and                                              January 16,
                        --Heavy water production                                                 2025.
                         facilities and their
                         collocated ammonia plants.
                                                               * * * * * *
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Matthew S. Borman,
Principal Deputy Assistant Secretary for Strategic Trade and Technology 
Security.
[FR Doc. 2025-00704 Filed 1-15-25; 8:45 am]
BILLING CODE 3510-33-P
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