Implementation of Additional Sanctions Against Russia and Belarus Under the Export Administration Regulations (EAR) and Refinements to Existing Controls

AGENCY:

Bureau of Industry and Security, Department of Commerce.

ACTION:

Final rule.

SUMMARY:

In this final rule, the Bureau of Industry and Security (BIS) makes changes to the Russia and Belarus sanctions under the Export Administration Regulations (EAR). This final rule imposes additional export control measures against Russia and Belarus by expanding the scope of items identified under two EAR supplements that are subject to the EAR's Russian and Belarusian industry sector sanctions; imposing a “software” license requirement for certain EAR99-designated “software” when destined to or within Russia or Belarus; and narrowing the scope of commodities and software that may be authorized for export, reexport, or transfer (in-country) to or within Russia or Belarus under License Exception Consumer Communications Devices (CCD). To promote clarity and facilitate compliance, this final rule also consolidates the EAR's Russian and Belarus sanctions into a single section, while maintaining the existing related regulatory supplements identifying items that are subject to certain of those sanctions. This final rule also amends the EAR by adding five entities and eight addresses to the Entity List and making changes to the Entity List structure. These entries are listed on the Entity List under the destinations of the People's Republic of China (China) and Russia and have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. Lastly, this final rule makes two additional revisions to the EAR: one to confirm the criteria used when revising, suspending, or revoking EAR license exceptions and one revision to clarify the control status of fasteners for purposes of the EAR's Russian and Belarusian industry sector sanctions.

DATES:

This rule is effective on June 12, 2024, except for amendatory instruction 14, which is effective September 16, 2024.

FOR FURTHER INFORMATION CONTACT:

For general questions on this final rule, contact Collmann Griffin, Senior Policy Advisor, International Policy Office, Bureau of Industry and Security, Department of Commerce, Phone: 202-482-1430, Email: william.griffin@bis.doc.gov. For questions on the Entity List changes in this final rule, 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: ERC@bis.doc.gov. For emails, include “Russia and Belarus, June 2024 export control measures” in the subject line.

SUPPLEMENTARY INFORMATION:

I. Background

A. Export Controls Implemented Against Russia and Belarus

In response to Russia's February 2022 full-scale invasion of Ukraine, BIS imposed extensive sanctions on Russia under the EAR as part of the final rule, “Implementation of Sanctions Against Russia Under the Export Administration Regulations (EAR)” (“Russia Sanctions Rule”) (87 FR 12226, March 3, 2022). To address Belarus's complicity in the invasion, BIS imposed similar sanctions on Belarus under the EAR in a final rule, “Implementation of Sanctions Against Belarus” (“Belarus Sanctions Rule”) (87 FR 13048, March 6, 2022). During the last two years, BIS has published a number of additional final rules strengthening the export controls on Russia and Belarus, including measures undertaken in coordination with U.S. allies and partners.

B. Overview of This Final Rule

In this final rule, BIS makes changes to the Russia and Belarus sanctions under the EAR along with certain changes that are not specific to those two countries. Certain of these changes (see section II.A) are designed to better protect U.S. national security and foreign policy interests by expanding the scope of the current sanctions. Others (see sections II.B and C) will promote clarity and facilitate compliance. The four sets of changes this final rule makes are described in section II as follows:

A. Additional export control measures against Russia and Belarus;

B. Consolidation of Russia and Belarus sanctions into a single section;

C. Additions to the Entity List and changes to the Entity List structure; and

D. Confirmation of the standard used in connection with actions involving the availability of license exceptions and clarification of the scope of a commodity subject to the Russian and Belarusian industry sanctions.

II. Amendments to the EAR

A. Additional Export Control Measures Against Russia and Belarus

This final rule imposes additional export control measures against Russia and Belarus by expanding the scope of items that are subject to the Russian and Belarusian industry sector sanctions under supplement nos. 4 and 6 to part 746 (see section II.A.1 and II.A.2); imposing a “software” license requirement for certain EAR99-designated “software” when destined for Russia or Belarus; and narrowing the scope of commodities and software that may be authorized for export, reexport, or transfer (in-country) to or within Russia and Belarus under License Exception CCD.

1. Expansion of Russian and Belarusian industry sector sanctions by adding items to supplement no. 4 to part 746 consistent with the objective to undermine Russia's and Belarus's industrial bases and their ability to continue to support Russia's military aggression in Ukraine.

This rule expands the list of items set forth in supplement no. 4 to part 746 (Russian and Belarusian Industry Sector Sanctions Pursuant to § 746.5(a)(1)(ii)) (this final rule relocates the restrictions of § 746.5(a)(1)(ii) to § 746.8(a)(5)), as detailed below in section II.B.2. Specifically, this rule adds 522 additional Harmonized Tariff Schedule (HTS)-6 Code entries to supplement no. 4; consequently, these items will now require a license for export to, reexport to, or transfer (in-country) within Russia or Belarus under § 746.8(a)(5). Restrictions on these industrial items are intended to further undermine the Russian and Belarusian industrial bases and their ability to continue to support Russia's military aggression in Ukraine. The complete list of 522 new HTS-6 Codes this rule adds to supplement no. 4 are identified in amendatory instruction 18.

Through the addition of these HTS codes, BIS intends to further limit Russia's access to items of potential military significance and expand the economic impact of controls that will deny Russia additional resources it needs to continue waging war.

Items controlled through amendments made by this rule were identified based on a review of public and non-public information regarding which items Russia seeks to further its war against Ukraine, an evaluation of areas in which U.S. trade has continued to provide an economic benefit to Russia, and an assessment of how the United States could further degrade Russia's war effort. With these new controls, BIS also further minimizes opportunities for the circumvention of U.S. export controls on Russia and Belarus through misclassification of the HTS-6 code. Supplement no. 4 to part 746 will now cover, with the addition of these 522 HTS-6 codes, items subject to the EAR classified under all HTS codes in 18 additional chapters of HTS codes. Making these additions will minimize situations where persons could seek to circumvent export license requirements by changing the classification of an item that requires a license to the classification of an item in a similar HTS code that does not require a license. BIS estimates these changes to supplement no. 4 to part 746 will result in an additional five license applications submitted to BIS annually.

2. Expansion of Russian and Belarusian industry sector sanctions by adding items to supplement no. 6 to part 746 consistent with the objective to undermine Russia's and Belarus's industrial bases and their ability to continue to support Russia's military aggression in Ukraine.

In supplement no. 6 to part 746 (Russian and Belarusian Industry Sector Sanctions Pursuant to § 746.5(a)(1)(iii)) (this final rule relocates the restrictions of § 746.5(a)(1)(iii) to § 746.8(a)(6)), this final rule adds a new paragraph (h) to control certain riot control agents that are isomers of CS (o-Chlorobenzylidenemalononitrile or o-Chlorobenzalmalononitrile) (CAS 2698-41-1); CN (Phenylacyl chloride or w-Chloroacetophenone) (CAS 532-27-4); or Oleoresin Capsicum (CAS 8023-77-6). Specifically, paragraphs (h)(1) through (10) describe these riot control agents that will be controlled under the EAR's Russian and Belarusian industry sector sanctions. These chemicals meet the definition of riot control agents under Article II (paragraph 7) of the Chemical Weapons Convention (CWC). These expanded controls will supplement the existing Commerce Control List (CCL) controls under ECCNs 1A984 and 1C607; in particular, they will address Russia's use of riot control agents as a method of warfare against Ukrainian forces in violation of the CWC. See May 1, 2024 State Department Fact Sheet announcing the imposition of sanctions on Russia under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, available at https://www.state.gov/imposing-new-measures-on-russia-for-its-full-scale-war-and-use-of-chemical-weapons-against-ukraine-2/. BIS estimates these changes to supplement no. 6 to part 746 will result in one additional license application submitted to BIS annually.

3. Imposing a license requirement for certain EAR99-designated “software” when destined to or within Russia or Belarus.

Prior to this final rule, apart from certain software described in paragraph (g)(9) in supplement no. 6 to part 746, the Russian and Belarusian industry sector sanctions (in prior § 746.5(a)(1)(iii)) did not extend to software and the license requirements under § 746.8(a)(1) did not extend to EAR99-designated software. This final rule strengthens the Russian and Belarusian export control measures by adding a new paragraph (a)(8) ( EAR99-designated software) to § 746.8. These changes to paragraph (a)(8) described under amendment 14 will go into effect on September 16, 2024. New paragraph (a)(8)(i) specifies that a license is required to export, reexport, or transfer (in-country) to or within Russia or Belarus any EAR99-designated software described in paragraph (a)(8)(ii). New paragraph (a)(8)(ii) will apply to the following types of EAR99-designated “software:” Enterprise resource planning (ERP); customer relationship management (CRM); business intelligence (BI); supply chain management (SCM); enterprise data warehouse (EDW); computerized maintenance management system (CMMS); project management software, product lifecycle management (PLM); building information modelling (BIM); computer aided design (CAD); computer-aided manufacturing (CAM); and engineering to order (ETO). New paragraph (a)(8)(ii) includes a sentence to specify that the license requirement also includes software updates of software identified in paragraph (a)(8)(ii), which will enhance the effectiveness of this control because of the need for regular software updates to ensure proper software functionality. BIS also has added a new paragraph (a)(12)(iv) in § 746.8 to exclude entities exclusively operating in the medical or agricultural sectors from this software license requirement. These changes to paragraph (a)(12)(iv) also described under amendment 14 will go into effect on September 16, 2024. BIS estimates these changes to § 746.8(a)(8), which take into account the new exclusion added under § 746.8(a)(12)(iv), will result in an additional 5 license applications submitted to BIS annually.

4. Narrowing the scope of eligible commodities and software under License Exception CCD for Russia and Belarus.

In § 740.19 (Consumer Communications Devices (CCD)), this final rule revises paragraph (b) (Eligible commodities and software) to limit the scope of eligible commodities and software that may be authorized for export, reexport, or transfer (in-country) under this section to and within Russia and Belarus. This final rule does so by revising the paragraph (b) introductory text to specify that the commodities and software described in revised paragraphs (b)(1) through (8) are eligible for export, reexport, and transfer (in-country) to or within Russia and Belarus, as well as to or within Cuba, and by adding a sentence to the end of the paragraph (b) introductory text to specify that commodities and software described in paragraphs (b)(9) through (18) are eligible for export, reexport, or transfer (in-country) under this section to or within Cuba only. This final rule also revises paragraphs (b)(1) through (17) accordingly, so that all the commodities and software that are eligible for Russia, Belarus, and Cuba are described under paragraphs (b)(1) through (8) and those that are eligible for Cuba only are in paragraphs (b)(9) through (18).

The redesignation of these paragraphs will make it easier for exporters, reexporters, and transferors to identify the commodities and software that may be eligible for License Exception CCD for export, reexport, or transfer (in-country) to or within each of these three countries. This final rule does not otherwise revise the scope of eligible items in paragraphs (b)(1) through (17), with the exception of paragraph (b)(15) (batteries, chargers, carrying cases and accessories for the equipment described in paragraphs (b)(1) through (5) of this section that are designated EAR99). Specifically, this final rule separates the contents of this paragraph into two paragraphs by adding paragraph (b)(6) to describe batteries, chargers, carrying cases, and accessories for the equipment described in paragraphs (b)(1) through (5) of this section that are designated EAR99, and adding a separate paragraph (b)(18) to describe batteries, chargers, carrying cases, and accessories for the equipment described in paragraphs (b)(8) through (17) of this section that are designated EAR99. BIS estimates these changes to § 740.19 will result in an additional 10 license applications submitted to BIS annually.

To further assist exporters and other parties in understanding the changes to § 740.19(b)(1) through (17), BIS includes a cross walk in Table 1 below:

B. Consolidation of Russia and Belarus Sanctions Into a Single Section

1. Consolidation. The embargoes, sanctions, and special controls implemented under the EAR are contained in part 746 of the EAR. For countries such as Cuba, North Korea, and Syria, there is a single section under part 746 that imposes embargo or country-specific sanctions. With respect to the export control measures against Russia and Belarus, BIS took a different approach, with certain controls added to new part 746 sections after the initial February 2014 Russian invasion of the Crimea region of Ukraine and various export control measures added to those existing part 746 sections, along with expansive measures imposed under new part 746 sections, as well as, in response to the February 2022 full-scale invasion of Ukraine and continuing Russian aggression against Ukraine. Prior to this final rule, license requirements for exports, reexports, and transfers (in-country) to or within Russia and Belarus added in or after February 2022 were primarily found in three sections in part 746 of the EAR: §§ 746.5 (for a variety of industrial goods), 746.8 (mostly for items on the Commerce Control List and items caught by the Russia and Belarusian-related foreign direct product rules), and 746.10 (for `luxury goods'). In this final rule, all of these license requirements are being consolidated into a revised and expanded § 746.8. Specifically, license requirements from former § 746.8 are now found in paragraphs (a)(1) through (3) of § 746.8; license requirements from former § 746.5 are now found in paragraphs (a)(4) through (6) of § 746.8; and license requirements from former § 746.10 are now found in paragraph (a)(7) of § 746.8.

BIS has undertaken this consolidation in light of the increasingly wide-ranging and complex nature of the export control measures against Russia and Belarus. A single section under § 746.8 that specifies the EAR's Russia and Belarus restrictions should enhance clarity and facilitate compliance. However, in the interest of maintaining certain aspects of the current regulatory structure governing these restrictions, the applicable supplements identifying items continue to be in force, namely, the Russian and Belarusian industry sector sanctions under supplement nos. 2, 4, and 6 to part 746, and the `Luxury Goods' sanctions under supplement no. 5 to part 746. Nor has BIS made any changes to supplement nos. 3 and 7 to part 746, supplements that relate to other Russia and Belarus restrictions.

To implement this consolidation, this final rule removes and reserves §§ 746.5 (Russian and Belarusian industry sector sanctions) and 746.10 (`Luxury goods' sanctions against Russia and Belarus and Russian and Belarusian oligarchs and malign actors). The contents and related restrictions in those two EAR sections will now be located in the consolidated § 746.8, which with this final rule will become the primary part 746 section implementing export controls on Russia and Belarus.

For now, as noted above, the EAR will continue to maintain three supplements for industrial goods (supplement nos. 2, 4, and 6 to part 746) and one supplement for `luxury goods' (supplement no. 5 to part 746). However, because controls on `luxury goods' destined for certain Russian and Belarusian oligarchs and malign actors worldwide were removed from § 746.10 and added to § 744.8 of the EAR on March 21, 2024 (see 89 FR 20115, Mar. 21, 2024) as part of a broader action consolidating various end-user controls, the license requirements for `luxury goods' now are effectively the same destination-based controls that apply to license requirements for items covered under other HTS-6 codes described in the three industrial goods lists set forth in supplement nos. 2, 4, and 6 to part 746, respectively. In future amendments to the EAR, BIS may consider consolidating these three lists, but has decided to keep them separate for now. To assist with compliance, BIS is also posting a list of all HTS codes set forth in supplement nos. 2, 4, and 5 to part 746 in downloadable XML format, available at https://www.bis.gov/russia-belarus_export_controls_resources#downloadable-compliance-resources.

In addition to consolidating various Russia and Belarus export, reexport, and transfer (in-country) licensing requirements in § 746.8, this final rule adds the applicable exclusions that were formerly set forth in §§ 746.5, 746.8 and 746.10 to paragraph (a)(12) of § 746.8 of the EAR. These exclusions include ones that apply for certain deemed exports or reexports, certain transactions involving mass market encryption commodities and software destined to U.S. companies, and transactions from the Global Export Control Coalition (GECC) members described in supplement no. 3 to part 746 of the EAR. Specifically, the exclusion for deemed exports and reexports has been added to paragraph (a)(12)(i), the exclusion for mass market encryption commodities and software has been added to paragraph (a)(12)(ii), and the exclusion for members of the GECC has been added to paragraph (a)(12)(iii). The introductory text of paragraph (a) of § 746.8 will now reference paragraph (a)(12) containing these three sets of exclusions. This consolidation and reformatting of these requirements is intended to improve consistency and clarity, the objectives also met by the broader consolidation of the related licensing requirements.

Prior to this final rule, §§ 746.5, 746.8, and 746.10 of the EAR each contained instructional text that established an order of review among these three sections to clarify how to review each section in conjunction with the CCL and other sections of the EAR. Such review was necessary because a single HTS-6 code may cover both items that are classified under Export Control Classification Numbers (ECCN) on the CCL and items designated EAR99, and there may consequently be overlapping export controls that apply to an item in that HTS-6 code depending on how such item is classified. In this final rule, this order of review instructional text is being moved to the paragraph (a) introductory text in revised § 746.8, which will consolidate the licensing requirements previously set forth in three separate part 746 sections. This final rule also consolidates the three applicable licensing policies under the revised § 746.8(b) and consolidates the license exception availability contents previously found in §§ 746.5, 746.8, and 746.10 under the revised § 746.8(c). BIS estimates these conforming changes described in section II.B.1 will not result in any additional license applications submitted to BIS annually.

2. Conforming changes relating to the consolidation of the Russia and Belarus sanctions into a single part 746 section.

This final rule makes conforming changes to various provisions of the EAR to reflect the fact that the substantive contents formerly set forth in §§ 746.5 and 746.10 ( e.g., licensing requirements and related license application review policies) are being consolidated with the requirements under § 746.8. Because §§ 746.5 and 746.10 are referenced in other EAR provisions, this final rule revises those EAR provisions (as described in section II.B.2). BIS estimates these conforming changes described in section II.B.2 will not result in any additional license applications submitted to BIS annually.

In supplement no. 2 to part 734—Guidelines for De Minimis Rules, this final rule revises the third sentence of paragraph (a)(1) to make a conforming change to remove the references to §§ 746.8(a)(5) and 746.10(a)(3) and add in its place a reference to § 746.8(b)(3)(ii).

In supplement no. 4 to part 744—Entity List, this final rule revises 85 existing entries, consisting of one entry under Cyprus, 83 entries under Russia, and one entry under Switzerland that reference § 746.5, and updates the reference to § 746.8.

In part 746, this final rule revises supplement nos. 2, 3, 4, and 6 to part 746 that reference §§ 746.5 or 746.10 and updates the reference to § 746.8.

In supplement no. 1 to part 774, this final rule amends eight ECCNs: 0A998, 1C992, 3A229, 3A231, 3A232, 6A991, 8A992, and 8D999 by removing the reference to § 746.5 and adding in its place references to § 746.8. In addition to the license requirements that are applicable under the Russian and Belarusian industry sector sanctions, all exports, reexports, and transfers (in-country) to or within Russia and Belarus also require a license under § 746.8(a)(1) because these items are classified under ECCNs. Lastly, this rule revises the Related Controls paragraph under ECCN 1C992 to make minor clarifications to the text for clarity.

C. Additions to the Entity List and Changes to the Entity List Structure

1. Background. The Entity List (supplement no. 4 to part 744 of the EAR (15 CFR parts 730 through 774)) identifies entities for which there is reasonable cause to believe, based on specific and articulable facts, that the entities have been involved, are involved, or pose a significant risk of being or becoming involved in, activities contrary to the national security or foreign policy interests of the United States, pursuant to § 744.11(b). The EAR impose additional license requirements on, and limit the availability of, most license exceptions for exports, reexports, and transfers (in-country) when a listed entity is a party to the transaction. The license review policy for each listed entity is identified in the “License Review Policy” column on the Entity List, and the impact on the availability of license exceptions is described in the relevant Federal Register document that added the entity to the Entity List. BIS places entities on 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.

2. Additions to the Entity List and changes to the Entity List structure.

i. Additions to the Entity List.

The ERC determined to add Advantage Trading Co. Limited, Duling Technology (HK) Limited, and FY International Trading, all under the destination of China, to the Entity List. These companies have procured components, including U.S.-origin components, that are used to develop and produce Shahed-series UAV's, which have been used by Russia in Ukraine. This activity is contrary to U.S. national security and foreign policy interests under §§ 744.11 and 744.21 of the EAR. These entities will receive a footnote 3 designation because the ERC has determined that they are Russian or Belarusian `military end users' in accordance with § 744.21. A footnote 3 designation subjects these entities to the Russia/Belarus-Military End User Foreign Direct Product (FDP) rule, detailed under § 734.9(g). These entities are added with a license requirement for all items subject to the EAR. License applications will be reviewed under a policy of denial for all items subject to the EAR, other than applications for food and medicine designated as EAR99, which will be reviewed on a case-by-case basis.

The ERC determined to add Shenzhen Daotong Intelligent Aviation Technology Co., Ltd., under the destination of China, to the Entity List. This entity is involved in the shipment of controlled items to Russia since Russia's invasion of Ukraine in February 2022 as well as acquiring and attempting to acquire U.S.-origin items, applicable to unmanned aerial vehicles, to be used by Chinese military entities. These activities are contrary to the national security and foreign policy interests of the United States under § 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.

The ERC determined to add eight addresses under the destination of China to the Entity List. These addresses are associated with significant transshipment of sensitive goods to Russia. BIS has verified that these addresses are associated with a significant number of entities, whose activities risk violating the EAR. These risks include associations with parties on the Entity List or the Unverified List at the listed addresses. These activities are contrary to U.S. national security and foreign policy interests under § 744.11 of the EAR. Licenses will be required for all entities at these addresses for all items on the Commerce Control List and supplement no. 7 of section 746 of the EAR and subject to the EAR. License applications will be reviewed with a license review policy of presumption of denial.

The ERC determined to add LLC Volgogradpromproyekt, under the destination of Russia, to the Entity List. This addition is being made because the ERC has determined that LLC Volgogradpromproyekt has been involved with, contributes to, and supports the Russian military and defense sectors and companies that have been added to the BIS Entity List and the Treasury Department's List of Specially Designated Nationals and Blocked Persons. Specifically, LLC Volgogradpromproyekt have sold a variety of chemicals for use in the activities of these Russian military and defense sectors and companies. This activity is contrary to the national security and foreign policy interests of the United States under § 744.11 and this entity qualifies as a military end user under § 744.21(g) of the EAR. This entity is receiving a Footnote 3 designation because the ERC has determined that it is a Russian or Belarusian `military end user' pursuant to § 744.21. A Footnote 3 designation subjects this entity to the Russia/Belarus-Military End User Foreign Direct Product (FDP) rule, detailed in § 734.9(g). The entity is added with a license requirement for all items subject to the EAR and a license review policy of denial for all items subject to the EAR apart from food and medicine designated as EAR99, which will be reviewed on a case-by-case basis.

BIS estimates these additions to the Entity List will not result in any additional license applications submitted to BIS annually.

For the reasons described above, this final rule adds the following five entities and eight addresses under thirteen entries to the Entity List and includes, where appropriate, aliases:

China

• Address 01;
• Address 02;
• Address 03;
• Address 04;
• Address 05;
• Address 06;
• Address 07;
• Address 08;
• Advantage Trading Company Limited;
• Duling Technology (HK) Limited;
• FY International Trading Company;and
• Shenzhen Daotong Intelligent Aviation Technology Co., Ltd.

Russia

• LLC Volgogradpromproyekt.

ii. Entity List Structural Changes.

International transshipment through shell companies presents an export control compliance problem that cannot always be addressed effectively through conventional Entity List additions. Shell companies can easily be dissolved and reformed to evade sanctions and export controls because they lack non-cash assets, employees, fixed addresses, business reputations, or other features that would incentivize the pursuit of longevity. Shell companies rely on service providers to enable them, with addresses that can be listed on corporate paperwork, mailboxes where they can receive shipments, temporary office space, or accounting and other services necessary to engage in trade activity.

When BIS lists shell companies on the Entity List, it is often at the address of these service providers, though BIS has traditionally avoided listing the service providers by name because that name will not appear on export control paperwork and may remain unknown to the seller of items subject to the EAR. Nonetheless, some of these addresses present a high diversion risk for controlled items and appear multiple times on the Entity List or Unverified List under different company names.

While BIS has said that involvement of a company co-located with a listed entity presents a red flag in export transactions, there are some situations where a more definite license requirement is warranted for addresses that are repeatedly used by companies engaged in activity contrary to U.S. national security or foreign policy interests. This rule is intended to address those situations by enabling BIS to publish high diversion risk addresses on the Entity List, thus triggering a license requirement for all entities who use that address. The goal of this rule is to more effectively combat unlawful diversion and to incentivize a stronger awareness of export compliance among the corporate service provider industries that facilitate trade through shell companies.

To facilitate adding the addresses detailed above, BIS is revising § 744.16, which describes, among other things, the license requirements, license exceptions, and license review policy for entities added to the Entity List. This rule adds paragraph (f) to § 744.16. Under paragraph (f) ( Addresses with High Diversion Risk), BIS may identify by address an entity (or multiple entities) on the Entity List that presents a high risk of diversion without an associated entity name. As with other entries on the Entity List, these entries will detail the license requirements, license review policies, and restrictions on the use of license exceptions; however, the entry will apply to all entities using that address, other than entities with their own separate entry at that same address, in which case the more specific entry will apply. Prior to this rule, the license requirement applied to the entity listed by name on the Entity List. BIS will include as much identifying information as possible for any such address listed on the Entity List under this policy. As a conforming change, BIS is adding reference to addresses of persons or changing references from entities to entries in the introductory text in supplements 4 and 5 to part 744.

For ease of compliance and administrative purposes, the entries that consist of an address only will be titled “Address #,” where # represents a number in a sequence of address entries. This pattern will apply to each destination for which there is an address-only entry.

Beyond entries that consist of an address only, given the risk of diversion from multiple listed entities using the same address, when a party to a transaction uses the same address as ( e.g., is co-located with) a listed entity, the address is a red flag and the exporter, reexporter, and transferor must undertake sufficient due diligence to verify that the entity co-located with the listed entity is not, in fact, the listed entity and is not acting on behalf of the listed entity. This is similar to red flag guidance BIS has issued on listed entities.

The final rule also makes additional changes to §§ 744.11 and 744.16 where needed to reflect the addition of paragraph (f) under § 744.11. These changes broaden the sentences that use the phrase “entities listed on the Entity List” to reflect that these provisions also apply to addresses that present a high diversion risk listed on the Entity List.

BIS estimates these changes described in section II.C will not result in any additional license application submitted to BIS annually.

D. Confirmation of the Standard Used in Connection With Actions Involving the Availability of License Exceptions and Clarification of the Scope of a Commodity Subject to the Russian and Belarusian Industry Sanctions

This final rule makes revisions to two existing provisions of the EAR. First, this final rule specifies the standard used by BIS when revising, suspending, or revoking the use of EAR license exceptions, which applies to all license exceptions, destinations, and users of such license exceptions. By making this standard explicit, BIS provides transparency to exporters, reexporters, and transferors that may seek to utilize license exceptions in various destinations. In the section below, BIS provides some examples in the Russia context and in contexts involving other destinations in which BIS either has (or may) exercise this authority to revise, suspend, or revoke the use of license exceptions to protect U.S. national security or foreign policy interests. Second, this final rule makes a clarification regarding the control status of fasteners as it relates to the Russian and Belarusian industry sector sanctions. BIS estimates these changes described in section II.D will not result in any additional license application submitted to BIS annually.

1. Specifying the standard that governs when revising, suspending, or revoking EAR license exceptions.

BIS is responsible for protecting U.S. national security and foreign policy interests under the EAR. EAR license exceptions (part 740) are authorizations to engage in activity that otherwise requires a license and play an important role in the EAR control structure. In § 740.2 (Restrictions on all License Exceptions), this final rule revises paragraph (b) to specify the standard under which BIS may revise, suspend, or revoke a license exception, in whole or in part, without notice. Specifically, this final rule adds text to confirm (and render explicit) the fact that BIS may make such revisions, suspensions, or revocations to protect U.S. national security or foreign policy interests, consistent with the policy considerations in Section 1752 of the Export Control Reform Act of 2018 (50 U.S.C. 4811). In order to protect U.S. national security and foreign policy interests, BIS has broad authority to make revisions, suspensions, or revocations that apply to specific entities (including natural persons) or take action that affects all transactions involving a particular destination. For example, BIS may revoke a license exception for a particular foreign airline that changes its ownership structure to circumvent the national security and foreign policy objectives underlying the restrictions on the use of License Exception AVS for temporary sojourns to Russia in § 746.8 of the EAR. As another example, BIS may revoke license exception availability for a company under investigation for fraudulent use of license exceptions on export control documents to avoid scrutiny of its shipments. BIS may also revoke multiple license exceptions for transactions involving particular countries, as it did in June 2020 for Hong Kong after new security measures were imposed that undermined Hong Kong's autonomy (85 FR 45998, July 31, 2020), or as it did for Burma in March 2021 in response to that country's military coup (86 FR 13173, March 8, 2021).

2. Clarification that the exclusion for fasteners for the “parts,” “components,” “accessories,” and “attachments” does not apply to fasteners that are specified under one of the HTS-6 codes specified in the respective supplements.

In supplement nos. 2, 4, 5, and 7, this final rule adds a sentence to clarify the scope of the exclusion for fasteners ( e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin) in the three supplements. Fasteners are identified in an exclusion from the scope of this control, but a clarification is needed because certain fasteners will now be described under HTS-6 Codes under supplement no. 4 with the additions made in this final rule and some of the HTS-Codes in supplement nos. 2, 4, 5, and 7 also identify certain fasteners, and are therefore included within the scope of the controls. This final rule clarifies the scope of the exclusion by adding a new third sentence to each of these three supplements to specify that the exclusion of fasteners from this control does not apply to fasteners that are designated under an HTS Code that is specified in that supplement. This final rule also adds the word `generally' before the term fasteners in each of the three supplements to clarify that the exclusion for fasteners has limits. This final rule also adds the word `and' before the term `washers' to clarify that in all cases a washer, spacer, insulator, grommet, bushing, spring, wire, or solder is excluded from the scope of these three supplements regardless of the HTS Code or HTS description.

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 June 12, 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), provided the export, reexport, or transfer (in-country) is completed no later than on July 12, 2024.

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. 4801-4852). ECRA provides the legal basis for BIS's principal authorities and serves as the authority under which BIS issues this rule.

Rulemaking Requirements

1. BIS has examined the impact of this rule as required by Executive Orders 12866, 13563, and 14094, which direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits ( e.g., potential economic, environmental, public, health, and safety effects, distributive impacts, and equity). Pursuant to E.O. 12866, as amended, this final rule has not been determined to be a “significant regulatory action.”

2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This rule involves the following OMB-approved collections of information subject to the PRA:

• 0694-0088, “Simple Network Application Process and Multipurpose Application Form,” which carries a burden hour estimate of 29.4 minutes for a manual or electronic submission;
• 0694-0096 “Five Year Records Retention Period,” which carries a burden hour estimate of less than 1 minute; and
• 0607-0152 “Automated Export System (AES) Program,” which carries a burden hour estimate of 3 minutes per electronic submission.

BIS estimates that these new controls on Russia and Belarus under the EAR will result in an increase of twenty-one license applications submitted annually to BIS. However, the additional burden falls within the existing estimates currently associated with these control numbers. Additional information regarding these collections of information—including all background materials—can be found at https://www.reginfo.gov/public/do/PRAMain by using the search function to enter either the title of the collection or the OMB Control Number.

3. This rule does not contain policies with federalism implications as that term is defined in E.O. 13132.

4. Pursuant to section 1762 of ECRA (50 U.S.C. 4821), 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 neither the Administrative Procedure Act nor any other law requires that notice of proposed rulemaking and an opportunity for public comment be given for this rule, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no Final 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 Part 740

• Administrative practice and procedure
• Exports
• Reporting and recordkeeping requirements

15 CFR Part 744

• Exports
• Reporting and recordkeeping requirements
• Terrorism

15 CFR Parts 746 and 774

• Exports
• Reporting and recordkeeping requirements

For the reasons stated in the preamble, parts 734, 740, 744, 746, and 774 of the Export Administration Regulations (15 CFR parts 730 through 774) are amended as follows:

PART 734—SCOPE OF THE EAR

1. The authority citation for part 734 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.;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 1, 2023, 88 FR 75475 (November 3, 2023).

2. Supplement no. 2 to part 734 is amended by revising the third sentence of paragraph (a)(1) to read as follows:

Supplement No. 2 to Part 734—Guidelines for De Minimis Rules

(a) * * *

(1) * * * For purposes of identifying U.S.-origin controlled content, you should consult the Commerce Country Chart in supplement no. 1 to part 738 of the EAR and controls described in part 746 of the EAR (excluding U.S.-origin content that meets the criteria in § 746.7(a)(1)(v) or § 746.8(a)(12)(iii)(B)). * * *

PART 740—LICENSE EXCEPTIONS

3. The authority citation for 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.

4. Section 740.2 is amended by revising paragraph (b) to read as follows:

5. Section 740.19 is amended by revising paragraph (b) to read as follows:

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

6. 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).

7. Amend § 744.11 by revising the section introductory text, paragraphs (a) introductory text, (b) introductory text, (b)(4)(i), and (c), to read as follows:

7. Section 744.16 is amended by:

a. Revising the introductory text;

b. Revising paragraphs (a), (b), (c)(1), (e) introductory text; and

c. Adding paragraph (f).

The addition and revisions read as follows:

9. Amend supplement no. 4 to part 744 by:

a. Revising the introductory text;

b. Under CHINA, PEOPLE'S REPUBLIC OF by adding, in alphabetical order, entries for “Address 01”; “Address 02”; Address 03”; “Address 04”; “Address 05”; “Address 06”; “Address 07”; “Address 08”; “Advantage Trading Company Limited”; “Duling Technology (HK) Limited”; and “FY International Trading Company”; and “Shenzhen Daotong Intelligent Aviation Technology Co., Ltd.”;

c. Under CYPRUS, revising the entry for “Rosneft Trade Limited”;

d. Under RUSSIA, by:

i. Revising the entries for “Achim Development, OOO”; “CJSC VANKORNEFT”; “Daltransgaz, OAO”; “Druzhba, AO”; “Gaz-Oil, OOO”; “Gazprom Dobycha Irkutsk, OOO”; “Gazprom Dobycha Krasnodar, OOO”; “Gazprom Dobycha Kuznetsk, OOO”; “Gazprom Dobycha Nadym, OOO”; “Gazprom Dobycha Noyabrsk, OOO”; “Gazprom Dobycha Urengoi, OOO”; “Gazprom Dobycha Yamburg, OOO”; “Gazprom Energo, OOO”; “Gazprom Flot, OOO”; “Gazprom Gaznadzor, OOO”; “Gazprom Gazobezopasnost, OOO”; “Gazprom Geologorazvedka, OOO”; “Gazprom Inform, OOO”; “Gazprom Invest, OOO”; “Gazprom Kapital, OOO”; “Gazprom Komplektatsiya, OOO”; “Gazprom Mezhregiongaz, OOO”; “Gazprom Neft”; “Gazprom, OAO”; “Gazprom Pererabotka, OOO”; “Gazprom Personal, OOO”; “Gazprom Promgaz, AO”; “Gazprom Russkaya, OOO”; “Gazprom Sotsinvest, OOO”; “Gazprom Svyaz, OOO”; “Gazprom Svyaz, OOO”; “Gazprom Telekom, OOO”; “Gazprom Transgaz Kazan, OOO”; “Gazprom Transgaz Krasnodar, OOO”; “Gazprom Transgaz Makhachkala, OOO”; “Gazprom Transgaz Nizhni Novgorod, OOO”; “Gazprom Transgaz Samara, OOO”; “Gazprom Transgaz Sankt-Peterburg, OOO”; “Gazprom Transgaz Saratov”; “Gazprom Transgaz Stavropol, OOO”; “Gazprom Transgaz Surgut, OOO”; “Gazprom Transgaz Tomsk, OOO”; “Gazprom Transgaz Ufa, OOO”; “Gazprom Transgaz Ukhta, OOO”; “Gazprom Transgaz Volgograd, OOO”; “Gazprom Transgaz Yugorsk, OOO”; “Gazprom Tsentrremont, OOO”; “Gazprom Vniigaz, OOO”; “Kaliningradnefteprodukt OOO”; “Kamchatgazprom, OAO”; “Kinef OOO”; “Kirishiavtoservis OOO”; “Krasnoyarskgazprom, PAO”; “Lazurnaya OOO”; and “Lengiproneftekhim OOO”;

ii. Adding, in alphabetical order, entry for “LLC Volgogradpromproyekt”;

iii. Revising the entries for “Lukoil, OAO”; “Media-Invest OOO”; “Neft-Aktiv LLC”; “Niigazekonomika, OOO”; “Novgorodnefteprodukt OOO”; “OJSC Achinsk Refinery”; “OJSC Angarsk Petrochemical Company”; “OJSC Kuybyshev Refinery”; “OJSC Novokuybyshev Refinery”; “OJSC Orenburgneft”; “OJSC RN Holding”; “OJSC Samotlorneftegaz”; “OJSC Syzran Refinery”; “PJSC Verkhnechonskneftegaz”; “Pskovnefteprodukt OOO”; “RN-Komsomolsky Refinery LLC”; “RN-Yuganskneftegaz LLC”; “Rosneft”; “SNGB AO”; “SO Tvernefteprodukt OOO”; “Sovkhoz Chervishevski PAO”; “Strakhovove Obshchestvo Surgutneftegaz OOO”; “Surgutmebel OOO”; “Surgutneftegas”; “Vostokgazprom, OAO”; “Yamalgazinvest, ZAO”; and “Yuzhno-Kirinskoye Field, in the Sea of Okhotsk”; and

e. Under SWITZERLAND, revising the entry for “Rosneft Trading S.A.”.

The revisions read as follows:

Supplement No. 4 to Part 744—Entity List

This supplement lists certain entities or addresses subject to license requirements for specified items under parts 744 and 746 of the EAR. License requirements for these entities include exports, reexports, and transfers (in-country) unless otherwise stated. A license is required, to the extent specified on the Entity List, to export, reexport, or transfer (in-country) any item subject to the EAR when an entity or a party to the transaction is operating at an address that is listed on the Entity List under an address entry is a party to the transaction as described in § 748.5(c) through (f) of the EAR. See § 744.11 for licensing requirements in the context of a “standards-related activity.” This list is revised and updated on a periodic basis in this supplement by adding new or amended notifications and deleting notifications no longer in effect.

10. Supplement no. 5 is amended by revising the second paragraph to read as follows:

Supplement No. 5 to Part 744—Procedures for End-User Review Committee Entity List and `Military End User' (MEU) List Decisions

When determining to add an entry or modify an existing entry, to the Entity List or MEU List, the ERC will also specify the section or sections of the EAR that provide the basis for that determination. All additions and modifications to the MEU List are done pursuant to § 744.21(b). The license requirements, the license application review policy, or the availability of license exceptions for entities or address entries on the MEU List are specified in § 744.21 under paragraphs (b) to €. In addition, for the Entity List, if the section or sections that form the basis for an addition or modification do not specify the license requirements, the license application review policy, or the availability of license exceptions, the ERC will specify the license requirements, the license application review policy and which license exceptions (if any) will be available for shipments to that entry.

PART 746—EMBARGOES AND OTHER SPECIAL CONTROLS

11. The authority citation for 15 CFR part 746 is revised to read as follows:

Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C. 2151 note; 22 U.S.C. 6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; Presidential Determination 2007-7, 72 FR 1899, 3 CFR, 2006 Comp., p. 325; Notice of May 8, 2024, 89 FR 40355 (May 9, 2024).

12. Remove and reserve § 746.5.

13. Section 746.8 is revised to read as follows:

14. Effective September 16, 2024, amend § 746.8 by:

a. In paragraph (a) introductory text first and last sentences;

b. Adding paragraph (a)(8);

c. Revising paragraph (a)(12)(ii) introductory text;

d. Adding paragraph (a)(12)(iv);

e. Revising paragraph (b)(3) introductory text; and

f. Revising paragraph (c)(1).

The addition and revisions read as follows:

15. Remove and reserve § 746.10.

16. Supplement no. 2 to part 746 is amended by revising the heading, paragraph (a) and first sentence of paragraph (b) to read as follows:

Supplement No. 2 to Part 746—Russian and Belarusian Industry Sector Sanction List Pursuant to § 746.8(a)(4)

(a) The source for the Harmonized Tariff Schedule (HTS)-6 codes and descriptions in this list comes from the United States International Trade Commission (USITC's) Harmonized Tariff Schedule of the United States (2023). The items described in supplement no. 2 to part 746 include any modified or designed “components,” “parts,” “accessories,” and “attachments” therefor regardless of the HTS Code or HTS Description of the “components,” “parts,” “accessories,” and “attachments,” apart from any “part” or minor “component” that is a fastener ( e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet, bushing, spring, wire, or solder. The exclusion of fasteners from this control does not apply to fasteners that are designated under an HTS Code under this supplement. Although generally fasteners ( e.g., screws, bolts, nuts, nut plates, studs, inserts, clips, rivets, pins), and washers, spacers, insulator, grommets, bushings, springs, wires, and solders are excluded from the scope of this supplement, certain part 744 license requirements for Russia and Belarus extend to all items “subject to the EAR,” and would therefore not exclude these items from the license requirements under that part ( e.g., § 744.21 of the EAR and the Entity List license requirements, which in most cases extend to all items “subject to the EAR”). This supplement includes two columns consisting of the HTS Codes and HTS Descriptions to assist exporters, reexporters, and transferors in identifying the products in this supplement. For information on HTS codes in general, you may contact a local import specialist at U.S. Customs and Border Protection at the nearest port. HTS-6 codes 730424, 731100, 761300, 841350, 841360, 841382, 841392, 842139, 843049, 843139, 843143, 847989, and 870520 are listed in both this supplement and supplement no. 4 to this part, so exporters, reexporters, and transferors must comply with the license requirements under both § 746.8(a)(4) and (5) as applicable.

(b) The items identified in the HTS-6 Code column of this supplement are subject to the license requirement under § 746.8(a)(4). The other column—HTS Description—is intended to assist exporters with their Automated Export System (AES) filing responsibilities. * * *

17. 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 §§ 746.6, 746.7, and 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 §§ 746.6 and 746.8 of the EAR, as described in §§ 746.6(a)(4) and 746.8(a)(12)(iii). * * *

18. Supplement no. 4 to part 746 is amended by:

a. Revising the heading, paragraphs (a) and (b); and

b. Adding in numerical order the following entries to the table: “250200,” “250300,” “250410,” “250490,” “250510,” “250590,” “250610,” “250620,” “250700,” “251110,” “251120,” “251310,” “251320,” “251400,” “251611,” “251612,” “251620,” “251690,” “251710,” “251720,” “251730,” “251741,” “251749,” “251810,” “251990,” “252020,” “252310,” “252321,” “252329,” “252330,” “252390,” “252410,” “252490,” “252800,” “252910,” “252921,” “252922,” “252930,” “253010,” “253090,” “260111,” “260112,” “260120,” “260200,” “260300,” “260400,” “260500,” “260600,” “260700,” “260800,” “260900,” “261000,” “261100,” “261220,” “261310,” “261390,” “261400,” “261510,” “261590,” “261610,” “261690,” “261710,” “261790,” “261800,” “261900,” “262011,” “262019,” “262021,” “262029,” “262030,” “262040,” “262060,” “262091,” “262099,” “262110,” “262190,” “270500,” “270600,” “270710,” “270740,” “270750,” “270791,” “270799,” “270810,” “270900,” “271012,” “271020,” “271091,” “271099,” “271111,” “271112,” “271113,” “271114,” “271119,” “271121,” “271129,” “271220,” “271311,” “271312,” “271320,” “271390,” “271410,” “271490,” “720110,” “720120,” “720150,” “720211,” “720219,” “720221,” “720229,” “720230,” “720241,” “720249,” “720250,” “720260,” “720270,” “720280,” “720291,” “720293,” “720299,” “720310,” “720390,” “720410,” “720421,” “720429,” “720430,” “720441,” “720449,” “720450,” “720510,” “720521,” “720529,” “720610,” “720690,” “721410,” “721420,” “721430,” “721491,” “721499,” “721510,” “721590,” “721710,” “721720,” “721730,” “721790,” “722100,” “722211,” “722219,” “722220,” “722240,” “722300,” “722710,” “722720,” “722790,” “722920,” “730110,” “730210,” “730230,” “730240,” “730290,” “730300,” “730431,” “730439,” “730441,” “730449,” “730451,” “730459,” “730490,” “730531,” “730590,” “730621,” “730629,” “730630,” “730640,” “730661,” “730669,” “730690,” “730711,” “730719,” “730721,” “730723,” “730729,” “730791,” “730792,” “730793,” “730799,” “731210,” “731290,” “731300,” “731414,” “731419,” “731420,” “731431,” “731439,” “731441,” “731442,” “731449,” “731450,” “731511,” “731512,” “731519,” “731520,” “731581,” “731582,” “731589,” “731590,” “731600,” “731700,” “731811,” “731812,” “731813,” “731814,” “731815,” “731816,” “731819,” “731821,” “731822,” “731823,” “731829,” “731940,” “731990,” “732010,” “732090,” “732111,” “732112,” “732119,” “732181,” “732182,” “732189,” “732190,” “732211,” “732219,” “732310,” “732391,” “732392,” “732393,” “732394,” “732399,” “732410,” “732421,” “732490,” “732510,” “732591,” “732599,” “732611,” “732619,” “732620,” “740100,” “740200,” “740311,” “740312,” “740313,” “740319,” “740321,” “740322,” “740329,” “740400,” “740500,” “740610,” “740620,” “741011,” “741012,” “741021,” “741022,” “741110,” “741121,” “741122,” “741210,” “741220,” “741300,” “741510,” “741529,” “741533,” “741539,” “741810,” “741820,” “741920,” “741980,” “750110,” “750120,” “750210,” “750220,” “750300,” “750400,” “760110,” “760120,” “760200,” “760310,” “760320,” “760410,” “760421,” “760429,” “760611,” “760612,” “760691,” “760711,” “760719,” “760810,” “760820,” “760900,” “761410,” “761490,” “761510,” “761520,” “761691,” “761699,” “780110,” “780191,” “780199,” “780200,” “780600,” “790111,” “790112,” “790120,” “790200,” “790310,” “790390,” “790400,” “790700,” “800200,” “810194,” “810196,” “810197,” “810199,” “810320,” “810330,” “810391,” “810399,” “810411,” “810419,” “810420,” “810430,” “810490,” “810520,” “810530,” “810610,” “810690,” “810820,” “810830,” “810890,” “811010,” “811020,” “811090,” “811100,” “811212,” “811213,” “811219,” “811221,” “811222,” “811229,” “811231,” “811239,” “811251,” “811252,” “811259,” “811261,” “811269,” “811292,” “811299,” “811300,” “820110,” “820130,” “820140,” “820150,” “820160,” “820190,” “820210,” “820231,” “820239,” “820240,” “820291,” “820299,” “820310,” “820320,” “820330,” “820340,” “820412,” “820420,” “820510,” “820520,” “820530,” “820540,” “820551,” “820560,” “820570,” “820590,” “820600,” “820720,” “820730,” “820740,” “820750,” “820770,” “820780,” “820900,” “821000,” “821110,” “821191,” “821192,” “821193,” “821194,” “821195,” “821210,” “821220,” “821290,” “821300,” “821410,” “821420,” “821490,” “821510,” “821520,” “821591,” “821599,” “830110,” “830130,” “830140,” “830150,” “830160,” “830210,” “830220,” “830241,” “830242,” “830249,” “830250,” “830260,” “830300,” “830400,” “830510,” “830520,” “830590,” “830610,” “830630,” “830810,” “830820,” “830890,” “831000,” “831110,” “831120,” “831130,” “831190,” “860120,” “860310,” “860390,” “860500,” “860711,” “860712,” “860719,” “860721,” “860729,” “860730,” “860791,” “860799,” “860800,” “860900,” “870110,” “870129,” “870191,” “870192,” “870193,” “870194,” “870195,” “870210,” “870220,” “870230,” “870240,” “870290,” “870790,” “870810,” “870821,” “870822,” “870829,” “870830,” “870840,” “870850,” “870870,” “870880,” “870891,” “870892,” “870893,” “870894,” “870895,” “870919,” “871000,” “871110,” “871200,” “871491,” “871492,” “871493,” “871494,” “871495,” “871496,” “871499,” “871610,” “871631,” “871640,” “871680,” “890120,” “890130,” “890190,” “890200,” “890400,” “890510,” “890610,” “890690,” “890710,” “890790,” “890800,” “930200,” “930310,” “930320,” “930330,” “930390,” “930400,” “930510,” “930520,” “930599,” “930621,” “930629,” “930630,” “930690,” “930700,” “960350,” and “960390.”

The revisions and additions read as follows:

Supplement No. 4 to Part 746—Russian and Belarusian Industry Sector Sanctions Pursuant to § 746.8(a)(5)

(a) The source for the Harmonized Tariff Schedule (HTS)-6 codes and descriptions in this list is the United States International Trade Commission (USITC)'s Harmonized Tariff Schedule of the United States (2023). The items described in supplement no. 4 to part 746 include any modified or designed “components,” “parts,” “accessories,” and “attachments” therefor regardless of the HTS Code or HTS Description of the “components,” “parts,” “accessories,” and “attachments,” apart from any “part” or minor “component” that is a fastener ( e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet, bushing, spring, wire, or solder. The exclusion of fasteners from this control does not apply to fasteners that are designated under an HTS Code under this supplement. Although generally fasteners ( e.g., screws, bolts, nuts, nut plates, studs, inserts, clips, rivets, pins), and washers, spacers, insulators, grommets, bushings, springs, wires, and solders are excluded from the scope of this supplement, certain part 744 license requirements for Russia and Belarus apply to all items “subject to the EAR,” and would therefore not exclude these items from the license requirements under that part ( e.g., § 744.21 and the Entity List license requirements, which in most cases apply to all items “subject to the EAR.”). This supplement includes two columns consisting of the HTS Codes and HTS Descriptions to assist exporters, reexporters, and transferors in identifying the products in this supplement. For information on HTS codes in general, you may contact a local import specialist at U.S. Customs and Border Protection at the nearest port. HTS-6 codes 730424, 731100, 761300, 841350, 841360, 841382, 841392, 842139, 843049, 843139, 843143, 847989, and 870520 are listed in both this supplement and supplement no. 2 to this part, so exporters, reexporters, and transferors must comply with the license requirements under both § 746.8(a)(4) and (5) as applicable. HTS-6 Codes 590500, 840710, 840721, 840729, 840731, 840732, 840733, 840734, 840790, 840810, 840820, 840890, 840910, 840991, 840999, 841111, 841112, 841121, 841122, 841181, 841182, 841191, 841199, 841229, 841290, 841451, 841459, 841460, 841510, 841810, 841821, 841829, 841830, 841840, 841981, 842211, 842310, 842860, 843139, 844312, 844331, 844332, 844339, 845011, 845012, 845019, 845121, 845210, 847010, 847021, 847029, 847030, 847130, 847141, 847149, 847150, 847160, 847170, 847180, 847190, 847290, 847960, 848310, 848320, 848330, 848340, 848350, 848360, 848390, 850811, 850819, 850860, 850980, 851110, 851120, 851130, 851140, 851150, 851180, 851190, 851220, 851230, 851240, 851631, 851650, 851660, 851671, 851672, 851679, 851711, 851713, 851718, 851761, 851762, 851769, 851920, 851930, 851981, 851989, 852110, 852190, 852691, 852712, 852713, 852719, 852721, 852729, 852791, 852792, 852799, 852871, 852872, 852910, 853110, 854370, 854430, 870310, 870321, 870322, 870323, 870324, 870331, 870332, 870333, 870340, 870350, 870360, 870370, 870380, 870390, and 902000 are listed in both this supplement and supplement no. 5 to this part, so exporters, reexporters, and transferors must comply with the license requirements under both §§ 746.8(a)(5) and (7) as applicable.

(b) The items identified in the HTS-6 Code column of this supplement are subject to the license requirement under § 746.8(a)(5). The other column—HTS Description—is intended to assist exporters with their AES filing responsibilities. The license requirements extend to HTS Codes at the 8 and 10 digit level (HTS-8 and HTS-10 codes, respectively) when such longer HTS Codes begin with the HTS-6 Codes as their first 6 numbers. When a description mentions parts related to one or more numerical headings, this means parts related to any HS codes that begin with the digits in the range specified. For example, `headings 8524 to 8528' means any HS code, HTS code, or Schedule B which has 8524, 8525, 8526, 8527, or 8528 as the first four digits.

19. Supplement no. 5 to part 746 is amended by revising the heading, paragraph (a), and first sentence of paragraph (b) to read as follows:

Supplement No. 5 to Part 746—‘Luxury Goods’ Sanctions for Russia and Belarus Pursuant to § 746.8(a)(7)

(a) The source for the Harmonized Tariff Schedule (HTS)-6 codes and descriptions in this list is the United States International Trade Commission (USITC)'s Harmonized Tariff Schedule of the United States (2023). The items described in supplement no. 5 to part 746 include any modified or designed “components,” “parts,” “accessories,” and “attachments” therefor regardless of the HTS Code or HTS Description of the “components,” “parts,” “accessories,” and “attachments,” apart from any “part” or minor “component” that is a fastener ( e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet, bushing, spring, wire, or solder. The exclusion of fasteners from this control does not apply to fasteners that are designated under an HTS Code under this supplement. Although generally fasteners ( e.g., screws, bolts, nuts, nut plates, studs, inserts, clips, rivets, pins), and washers, spacers, insulators, grommets, bushings, springs, wires, and solder are excluded from the scope of this supplement, see part 744 of the EAR for license requirements for Russia and Belarus that apply to all items “subject to the EAR,” e.g., § 744.21 and the Entity List license requirements, which in most cases extend to all items “subject to the EAR.” This supplement includes two columns consisting of the HTS Code and HTS Description and Per Unit Wholesale Price in the U.S. if applicable to assist exporters, reexporters, and transferors in identifying the products in this supplement. For information on HTS codes in general, you may contact a local import specialist at U.S. Customs and Border Protection at the nearest port. HTS-6 Codes 590500, 840710, 840721, 840729, 840731, 840732, 840733, 840734, 840790, 840810, 840820, 840890, 840910, 840991, 840999, 841111, 841112, 841121, 841122, 841181, 841182, 841191, 841199, 841229, 841290, 841451, 841459, 841460, 841510, 841810, 841821, 841829, 841830, 841840, 841981, 842211, 842310, 842860, 843139, 844312, 844331, 844332, 844339, 845011, 845012, 845019, 845121, 845210, 847010, 847021, 847029, 847030, 847130, 847141, 847149, 847150, 847160, 847170, 847180, 847190, 847290, 847960, 848310, 848320, 848330, 848340, 848350, 848360, 848390, 850811, 850819, 850860, 850980, 851110, 851120, 851130, 851140, 851150, 851180, 851190, 851220, 851230, 851240, 851631, 851650, 851660, 851671, 851672, 851679, 851711, 851713, 851718, 851761, 851762, 851769, 851920, 851930, 851981, 851989, 852110, 852190, 852691, 852712, 852713, 852719, 852721, 852729, 852791, 852792, 852799, 852871, 852872, 852910, 853110, 854370, 854430, 870310, 870321, 870322, 870323, 870324, 870331, 870332, 870333, 870340, 870350, 870360, 870370, 870380, 870390, and 902000 are listed in both this supplement and supplement no. 4 to this part, so exporters, reexporters, and transferors must comply with the license requirements under both §§ 746.8(a)(5) and (7) as applicable.

(b) The items identified in the HTS-6 Code column of this supplement are subject to the license requirement under § 746.8(a)(7). * * *

20. Supplement no. 6 to part 746 is amended by:

a. Revising the heading; and

b. Adding paragraph (h), to read as follows:

Supplement No. 6 to Part 746—Russian and Belarusian Industry Sector Sanctions Pursuant to § 746.8(a)(6)

(h) Riot Control Agents which are isomers of CS (o-Chlorobenzylidenemalononitrile or o-Chlorobenzalmalononitrile) (CAS 2698-41-1); CN (Phenylacyl chloride or w-Chloroacetophenone) (CAS 532-27-4); or Oleoresin Capsicum (CAS 8023-77-6) as follows:

(1) 8-Methyl-N-vanillyl-trans-6-nonenamide (Capsaicin) (CAS 404-86-4);

(2) 8-Methyl-N-vanillylnonamide (Dihydrocapsaicin) (CAS 19408-84-5);

(3) N-Vanillylnonamide (Pseudocapsaicin, PAVA) (CAS 2444-46-4);

(4) N-Vanillyl-9-methyldec-7-(E)-enamide (Homocapsaicin) (CAS 58493-48-4);

(5) N-Vanillyl-9-methyldecanamide (Homodihydrocapsaicin) (CAS 20279-06-5);

(6) N-Vanillyl-7-methyloctanamide (Nordihydrocapsaicin) (CAS 28789-35-7);

(7) 2′-chloroacetophenone (CAS 2142-68-9);

(8) 3′-chloroacetophenone (CAS 99-02-5);

(9) α-chlorobenzylidenemalononitrile (CAS 18270-61-6); and

(10) Cis-4-acetylaminodicyclohexylmethane (CAS 37794-87-9).

21. Supplement no. 7 to part 746 is amended by revising paragraph (a) to read as follows:

Supplement No. 7 to Part 746—Items That Require a License Under § 746.6 When Destined to the Temporarily Occupied Crimea Region of Ukraine, Under § 746.7 When Destined to Iran, and Under § 746.8 When Destined to Russia or Belarus

(a) The source for the Harmonized Tariff Schedule (HTS)-6 codes and descriptions in this list is the United States International Trade Commission (USITC)'s Harmonized Tariff Schedule of the United States (2023). The items described in this supplement include any modified or designed “components,” “parts,” “accessories,” and “attachments” therefor regardless of the HTS Code or HTS Description of the “components,” “parts,” “accessories,” and “attachments,” apart from any “part” or minor “component” that is a fastener ( e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet, bushing, spring, wire, or solder. The exclusion of fasteners from this control does not apply to fasteners that are designated under an HTS Code under this supplement. Although generally fasteners ( e.g., screws, bolts, nuts, nut plates, studs, inserts, clips, rivets, pins), and washers, spacers, insulators, grommets, bushings, springs, wires, and solder are excluded from the scope of this supplement, see part 744 of the EAR for license requirements for Russia and Belarus that apply to all items “subject to the EAR,” e.g., § 744.21 of the EAR and the Entity List license requirements, which in most cases extend to all items “subject to the EAR.” This supplement includes two columns consisting of the HTS Code and HTS Description to assist exporters, reexporters, and transferors in identifying the products in this supplement. For information on HTS codes in general, you may contact a local import specialist at U.S. Customs and Border Protection at the nearest port.

PART 774—THE COMMERCE CONTROL LIST

22. The authority citation for part 774 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. 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.

23. Supplement no. 1 to part 774 is amended by revising ECCNs 0A998, 1C992, 3A229, 3A231, 3A232, 6A991, 8A992, and 8D999 to read as follows:

Supplement No. 1 to Part 774—The Commerce Control List

0A998 Oil and gas exploration equipment, software, and data, as follows (see List of Items Controlled).

License Requirements

Reason for Control: Foreign policy

List Based License Exceptions (See Part 740 for a Description of All License Exceptions)

LVS: N/A

GBS: N/A

List of Items Controlled

Related Controls: N/A

Related Definitions: N/A

Items:

a. Oil and gas exploration data, e.g., seismic analysis data.

b. Hydraulic fracturing items, as follows:

b.1. Hydraulic fracturing design and analysis software and data.

b.2. Hydraulic fracturing ‘proppant,’ ‘fracking fluid,’ and chemical additives therefor.

Technical Note:

A ‘proppant’ is a solid material, typically treated sand or man-made ceramic materials, designed to keep an induced hydraulic fracture open, during or following a fracturing treatment. It is added to a ‘fracking fluid’ which may vary in composition depending on the type of fracturing used, and can be gel, foam or slickwater-based.

b.3. High pressure pumps.

1C992 Commercial charges and devices containing energetic materials, n.e.s. and nitrogen trifluoride in a gaseous state (see List of Items Controlled).

License Requirements

Reason for Control: AT, RS, foreign policy

List Based License Exceptions (See Part 740 for a Description of All License Exceptions)

LVS: N/A

GBS: N/A

List of Items Controlled

Related Controls: (1) Commercial charges and devices “subject to the EAR,” contain energetic materials described on the USML that exceed the quantities noted or that are not covered by this entry are controlled under ECCN 1C608. (2) Nitrogen trifluoride when not in a gaseous state is controlled under ECCN 1C608.

Related Definitions: (1) Items controlled by this entry ECCN 1C992 are those materials not controlled by ECCN 1C608 and not “subject to the ITAR.” (2) For purposes of this entry, the term “controlled materials” means controlled energetic materials (see ECCNs 1C011, 1C111, 1C239, and 1C608; see also 22 CFR 121.1, Category V). (3) The individual energetic materials described on the USML, even when compounded with other materials, remain “subject to the ITAR” when not incorporated into explosive devices or charges. (4) Commercial prefabricated slurries and emulsions containing greater than 35% of energetic materials described on the USML are “subject to the ITAR.” (5) For purposes of this entry, the mass of aluminum powder, potassium perchlorate, and any of the substances listed in the note to the USML (see 22 CFR 121.12) (such as ammonium pictrate, black powder, etc.) contained in commercial explosive devices and in the charges are omitted when determining the total mass of controlled material.

Items:

a. Shaped charges “specially designed” for oil well operations, utilizing one charge functioning along a single axis, that upon detonation produce a hole, and

a.1. Contain any formulation of controlled materials;

a.2. Have only a uniform shaped conical liner with an included angle of 90 degrees or less;

a.3. Contain more than 0.010 kg but less than or equal to 0.090 kg of controlled materials; and

a.4. Have a diameter not exceeding 4.5 inches;

b. Shaped charges “specially designed” for oil well operations containing less than or equal to 0.010 kg of controlled materials;

c. Detonation cord or shock tubes containing less than or equal to 0.064 kg per meter (300 grains per foot) of controlled materials;

d. Cartridge power devices, that contain less than or equal to 0.70 kg of controlled materials in the deflagration material;

e. Detonators (electric or nonelectric) and assemblies thereof, that contain less than or equal to 0.01 kg of controlled materials;

f. Igniters, that contain less than or equal to 0.01 kg of controlled materials;

g. Oil well cartridges, that contain less than or equal to 0.015 kg of controlled energetic materials;

h. Commercial cast or pressed boosters containing less than or equal to 1.0 kg of controlled materials;

i. Commercial prefabricated slurries and emulsions containing less than or equal to 10.0 kg and less than or equal to thirty-five percent by weight of materials described on the USML;

j. Cutters and severing tools containing less than or equal to 3.5 kg of controlled materials;

k. Pyrotechnic devices when designed exclusively for commercial purposes ( e.g., theatrical stages, motion picture special effects, and fireworks displays) and containing less than or equal to 3.0 kg of controlled materials; or

l. Other commercial explosive devices and charges not controlled by 1C992.a through .k containing less than or equal to 1.0 kg of controlled materials.

Note:

1C992.l includes automotive safety devices; extinguishing systems; cartridges for riveting guns; explosive charges for agricultural, oil and gas operations, sporting goods, commercial mining, or public works purposes; and delay tubes used in the assembly of commercial explosive devices.

m. Nitrogen trifluoride (NF₃) in a gaseous state.

3A229 Firing sets and equivalent high-current pulse generators for detonators controlled by 3A232 (see List of Items Controlled).

License Requirements

Reason for Control: NP, AT, foreign policy

List Based License Exceptions (See Part 740 for a Description of All License Exceptions)

LVS: N/A

GBS: N/A

List of Items Controlled

Related Controls: (1) See ECCNs 3E001 and 1E001 (“development” and “production”) and 3E201 and 1E201 (“use”) for technology for items controlled under this entry. (2) See 1A007.a for explosive detonator firing sets designed to drive explosive detonators controlled by 1A007.b. (3) High explosives and related equipment for military use are “subject to the ITAR” (see 22 CFR parts 120 through 130).

Related Definitions: N/A

ECCN Controls: (1) Optically driven firing sets include both those employing laser initiation and laser charging. (2) Explosively driven firing sets include booth explosive ferroelectric and explosive ferromagnetic firing set types. (3) 3A229.b includes xenon flash-lamp drivers.

Items:

a. Detonator firing sets (initiation systems, firesets), including electronically-charged, explosively-driven and optically-driven firing sets designed to drive multiple controlled detonators controlled by 3A232;

b. Modular electrical pulse generators (pulsers) having all of the following characteristics:

b.1. Designed for portable, mobile, or ruggedized use;

b.2. Capable of delivering their energy in less than 15 µs into loads of less than 40 Ω (ohms);

b.3. Having an output greater than 100 A;

b.4. No dimension greater than 30 cm;

b.5. Weight less than 30 kg; and

b.6. Specified for use over an extended temperature range 223 K (−50 °C) to 373 K (100 °C) or specified as suitable for aerospace applications.

c. Micro-firing units having all of the following characteristics:

c.1. No dimension greater than 35 mm;

c.2. Voltage rating of equal to or greater than 1 kV; and

c.3. Capacitance of equal to or greater than 100 nF.

3A231 Neutron generator systems, including tubes, having both of the characteristics described in this ECCN (see List of Items Controlled).

License Requirements

Reason for Control: NP, AT, foreign policy

List Based License Exceptions (See Part 740 for a Description of All License Exceptions)

LVS: N/A

GBS: N/A

List of Items Controlled

Related Controls: See ECCNs 3E001 (“development” and “production”) and 3E201 (“use”) for technology for items controlled under this entry.

Related Definitions: N/A

Items:

a. Designed for operation without an external vacuum system; and

b. Utilizing electrostatic acceleration to induce:

b.1. A tritium-deuterium nuclear reaction; or

b.2. A deuterium-deuterium nuclear reaction and capable of an output of 3 × 10⁹ neutrons/s or greater.

3A232 Detonators and multipoint initiation systems, as follows (see List of Items Controlled).

License Requirements

Reason for Control: AT, RS, foreign policy

List Based License Exceptions (See Part 740 for a Description of All License Exceptions)

LVS: N/A

GBS: N/A

List of Items Controlled

Related Controls: (1) See ECCNs 0A604 and 1A007 for electrically driven explosive detonators. (2) See ECCNs 3E001 (“development” and “production”) and 3E201 (“use”) for technology for items controlled under this entry. (3) High explosives and related equipment for military use are “subject to the ITAR” (see 22 CFR parts 120 through 130).

Related Definitions: N/A

ECCN Controls: This entry does not control detonators using only primary explosives, such as lead azide.

Items:

a. [Reserved]

b. Arrangements using single or multiple detonators designed to nearly simultaneously initiate an explosive surface over an area greater than 5,000 mm² from a single firing signal with an initiation timing spread over the surface of less than 2.5 µs.

Technical Note:

The word initiator is sometimes used in place of the word detonator.

6A991 Marine or terrestrial acoustic equipment, n.e.s., capable of detecting or locating underwater objects or features or positioning surface vessels or underwater vehicles; and “specially designed” “parts” and “components,” n.e.s.

License Requirements

Reason for Control: AT, foreign policy

List Based License Exceptions (See Part 740 for a Description of All License Exceptions)

LVS: N/A

GBS: N/A

List of Items Controlled

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading.

8A992 Vessels, marine systems or equipment, not controlled by 8A001 or 8A002, and “specially designed” “parts” and “components” therefor, and marine boilers and “parts,” “components,” “accessories,” and “attachments” therefor (see List of Items Controlled).

License Requirements

Reason for Control: AT, Foreign policy

List Based License Exceptions (See Part 740 for a Description of All License Exceptions)

LVS: N/A

GBS: N/A

List of Items Controlled

Related Controls: 1. See also 8A002. 2. Marine gas turbine engines are not controlled in paragraph .g of this entry. See ECCN 9A619 for possible controls on marine gas turbine engines specially designed for a military use. See ECCN 9A002 for possible controls on marine gas turbine engines not specially designed for a military use. Marine gas turbine engines subject to the EAR that are not controlled in ECCNs 9A002 or 9A619 are designated EAR99.

Related Definitions: N/A

Items:

a. Underwater vision systems, as follows:

a.1. Television systems (comprising camera, lights, monitoring and signal transmission equipment) having a limiting resolution when measured in air of more than 500 lines and “specially designed” or modified for remote operation with a submersible vehicle; or

a.2. Underwater television cameras having a limiting resolution when measured in air of more than 700 lines;

Technical Note:

Limiting resolution in television is a measure of horizontal resolution usually expressed in terms of the maximum number of lines per picture height discriminated on a test chart, using IEEE Standard 208/1960 or any equivalent standard.

b. Photographic still cameras “specially designed” or modified for underwater use, having a film format of 35 mm or larger, and having autofocusing or remote focusing “specially designed” for underwater use;

c. Stroboscopic light systems, “specially designed” or modified for underwater use, capable of a light output energy of more than 300 J per flash;

d. Other underwater camera equipment, n.e.s.;

e. Other submersible systems, n.e.s.;

f. Vessels, n.e.s., including inflatable boats, and “specially designed” “parts” and “components” therefor, n.e.s.;

g. Marine engines (both inboard and outboard) and submarine engines, n.e.s.; and “specially designed” “parts” and “components” therefor, n.e.s.;

h. Other self-contained underwater breathing apparatus (scuba gear) and related equipment, n.e.s.;

i. Life jackets, inflation cartridges, compasses, wetsuits, masks, fins, weight belts, and dive computers;

j. Underwater lights and propulsion equipment;

k. Air compressors and filtration systems “specially designed” for filling air cylinders.

l. Marine boilers designed to have any of the following characteristics:

l.1. Heat release rate (at maximum rating) equal to or in excess of 190,000 BTU per hour per cubic foot of furnace volume; or

l.2. Ratio of steam generated in pounds per hour (at maximum rating) to the dry weight of the boiler in pounds equal to or in excess of 0.83.

m. Major “components,” “accessories,” and “attachments” for marine boilers described in 8A992.l.

8D999 “Software” “specially designed” for the operation of unmanned submersible vehicles used in the oil and gas industry.

License Requirements

Reason for Control: Foreign policy

List Based License Exceptions (See Part 740 for a Description of All License Exceptions)

TSR: N/A

List of Items Controlled

Related Controls: N/A

Related Definitions: N/A

Items: The list of items controlled is contained in the ECCN heading.