[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Rules and Regulations]
[Pages 21011-21015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07643]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 220203-0039]
RIN 0694-AI70
Addition of Certain Entities to the Entity List; Correction
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Correcting amendments.
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SUMMARY: The Bureau of Industry and Security (BIS) publishes these
amendments to correct three errors contained in the revisions to the
Entity List that were published in a final rule on February 14, 2022.
That final rule amended the Export Administration Regulations (EAR) by
revising the Entity List entry for ``Huawei Cloud Brazil'' (under
Brazil) and by adding a new entry for ``Huawei Technologies Co., Ltd.''
(under China, People's Republic of). However, the references to the
foreign direct product provisions in the EAR that apply to these two
entities were incorrect. This rule amends the entries for the two
entities to include the correct references to these EAR provisions and
also corrects a typographical error in one of these entries.
DATES: This rule is effective April 11, 2022. This rule is applicable
as of February 14, 2022.
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: The Entity List in supplement no. 4 to part
744 of the Export Administration Regulations (EAR) (15 CFR parts 730-
774) identifies entities for which there is reasonable cause to
believe, based on specific and articulable facts, that the entities
have been involved, are involved, or pose a significant risk of being
or becoming involved in activities contrary to the national security or
foreign policy interests of the United States. The EAR impose
additional license requirements on, and limit the availability of most
license exceptions for, exports, reexports and transfers (in-country)
to listed entities. These additional license requirements are
referenced, together with other relevant EAR provisions, in the
``License requirement'' column for each entity. The license review
policy for each listed entity is identified in the ``License review
policy'' column for that entity on the Entity List, and the impact on
the availability of license exceptions is described in the relevant
Federal Register document adding the entities to the Entity List. BIS
places entities on the Entity List pursuant to part 744 (Control
Policy: End-User and End-Use Based) and part 746 (Embargoes and Other
Special Controls) of the EAR.
The 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
[[Page 21012]]
decisions to remove or modify an entry by unanimous vote.
On February 14, 2022 (87 FR 8180), BIS published a final rule
titled ``Addition of Certain Entities to the Entity List,'' which
amended the Entity List by, inter alia, revising the entry for ``Huawei
Cloud Brazil'' (under Brazil) and adding a new entry for ``Huawei
Technologies Co., Ltd.'' (under China, People's Republic of). However,
the references to certain EAR foreign direct product provisions that
were identified in the ``License requirement'' column for each of these
entities were incorrect. Specifically, the ``License requirement''
column for each of these entries incorrectly referenced Sec.
736.2(b)(3)(vi) of the EAR, instead of Sec. 734.9(e) of the EAR.
The references to Sec. 734.9(e) of the EAR were added to a number
of entities on the Entity List, replacing previous references to Sec.
736.2(b)(3)(vi) of the EAR, by a final rule that BIS published in the
Federal Register on February 3, 2022 (87 FR 6022). That final rule
consolidated the foreign direct product (FDP) provisions in Sec. 734.9
of the EAR. Prior to the publication of the February 3, 2022, final
rule (hereinafter, the ``FDP rule''), the FDP provisions of the EAR
were found in Sec. 736.2(b)(3) (General Prohibition 3) and footnote 1
to supplement no. 4 to part 744 (the Entity List). The FDP rule
relocated the license requirement, license review policy, and license
exception applicability provisions for certain listed entities from the
Entity List's footnote 1 to Sec. 744.11(a) of the EAR, where the
overall license requirements pertaining to listed entities are located.
In addition, the FDP rule moved the description of the product scope
and end-user scope of the Entity List FDP requirements from the
aforementioned footnote 1 to Sec. 734.9 of the EAR, where the FDP
provisions are now consolidated. However, the scope of the global
amendatory instruction that made conforming changes to the Entity List
table in supplement no. 4 to part 744 did not include the entry for
``Huawei Cloud Brazil'' (under Brazil). As a result, the reference to
Sec. 736.2(b)(3), in the ``License requirement'' column for this
entity was not removed and replaced with a reference to Sec. 734.9(e)
as should have been the case.
Although the February 14, 2022, Entity List rule included a
revision of the entry for ``Huawei Cloud Brazil'' (under Brazil), the
rule inadvertently failed to change the reference in the ``License
requirement'' column for this entity from Sec. 736.2(b)(3) to Sec.
734.9(e). Furthermore, the addition of a new entry for ``Huawei
Technologies Co., Ltd.'' (under China, People's Republic of) to the
Entity List, also incorrectly referenced Sec. 736.2(b)(3), instead of
Sec. 734.9(e), in the ``License requirement'' column for the entity.
These correcting amendments revise the ``License requirement''
column in each of the aforementioned Entity List entries to correctly
reference Sec. 734.9(e), instead of Sec. 736.2(b)(3). These
amendments also correct a typographical error, in the ``License
requirement'' column for ``Huawei Technologies Co., Ltd.'' (under
China, People's Republic of), by revising the phrase ``except for'' to
read ``EXCEPT\2\ for'', consistent with the application of Entity List
footnote 2 to this entity (i.e., with respect to the provision of
ongoing security research critical to maintaining the integrity and
reliability of an existing and currently fully operational `third
party' network and equipment providing services to the `third party's'
customers--in this instance, the term `third party' refers to a party
that is not Huawei, one of its listed non-U.S. affiliates, or the
exporter, reexporter, or transferor, but rather an organization such as
a telecommunications service provider).
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
For the reasons stated in the preamble, part 744 of the Export
Administration Regulations (15 CFR parts 730-774) is corrected by
making the following correcting amendments:
PART 744--[AMENDED]
0
1. The authority citation for 15 CFR part 744 continues to read as
follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 15, 2021, 86 FR 52069 (September 17, 2021); Notice of
November 10, 2021, 86 FR 62891 (November 12, 2021).
0
2. Supplement no. 4 to part 744 is amended:
0
a. Under BRAZIL by revising the entry for ``Huawei Cloud Brazil''; and
0
b. Under CHINA, PEOPLE'S REPUBLIC OF by revising the entry for ``Huawei
Technologies Co., Ltd.''.
The revisions read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
[[Page 21013]]
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License License review Federal Register
Country Entity requirement policy citation
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BRAZIL................. Huawei Cloud Brazil, Sao For all items Presumption of 85 FR 51603, 8/20/
Paulo, Brazil. subject to the denial. 20.
EAR, see Sec. 87 FR 8182, 2/14/
Sec. 22.
734.9(e),\1\ and 87 FR [INSERT FR
744.11 of the PAGE NUMBER] 4/
EAR, EXCEPT \2\ 11/22.
for technology
subject to the
EAR that is
designated as
EAR99, or
controlled on the
Commerce Control
List for anti-
terrorism reasons
only, when
released to
members of a
``standards
organization''
(see Sec.
772.1) for the
purpose of
contributing to
the revision or
development of a
``standard'' (see
Sec. 772.1).
* * * * * *
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* * * * * * *
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CHINA, PEOPLE'S * * * * * *
REPUBLIC OF.
Huawei Technologies Co., For all items Presumption of 84 FR 22963, 5/21/
Ltd., a.k.a., the following subject to the denial. 19.
two aliases: EAR, see Sec. 84 FR 43495, 8/21/
--Shenzhen Huawei Sec. 19.
Technologies; and 734.9(e),\1\ and 85 FR 29853, 5/19/
--Huawei Technology, and to 744.11 of the 20.
include the following EAR, EXCEPT \2\ 85 FR 36720, 6/18/
addresses and the following for technology 20.
22 affiliated entities: subject to the 85 FR 51603, 8/20/
Addresses for Huawei EAR that is 20.
Technologies Co., Ltd.: designated as 87 FR 8182, 2/14/
Bantian Huawei Base, EAR99, or 22.
Longgang District, controlled on the 87 FR [INSERT FR
Shenzhen, 518129, China; Commerce Control PAGE NUMBER] 4/
and No. 1899 Xi Yuan Road, List for anti- 11/22.
High-Tech West District, terrorism reasons
Chengdu, 611731; and C1, only, when
Wuhan Future City, No. 999 released to
Gaoxin Ave., Wuhan, Hebei members of a
Province; and Banxuegang ``standards
Industrial Park, Buji organization''
Longgang, Shenzhen, (see Sec.
Guangdong, 518129, China; 772.1) for the
and R&D Center, No. 2222, purpose of
Golden Bridge Road, Pu Dong contributing to
District, Shanghai, China; the revision or
and Zone G, Huawei Base, development of a
Bantian, Longgang District, ``standard'' (see
Shenzhen, China; and Tsim Sec. 772.1).
Sha Tsui, Kowloon, Hong
Kong.
[[Page 21014]]
Affiliated entities:
Beijing Huawei Longshine
Information Technology Co.,
Ltd., a.k.a., the following
one alias:
--Beijing Huawei Longshine,
to include the following
subordinate. Q80-3-25R, 3rd
Floor, No. 3, Shangdi
Information Road, Haidian
District, Beijing, China.
Hangzhou New Longshine
Information Technology Co.,
Ltd., Room 605, No. 21,
Xinba, Xiachang District,
Hangzhou, China.
Hangzhou Huawei
Communication Technology
Co., Ltd., Building 1, No.
410, Jianghong Road,
Changhe Street, Binjiang
District, Hangzhou,
Zhejiang, China.
Hangzhou Huawei Enterprises,
No. 410 Jianghong Road,
Building 1, Hangzhou,
China.
Huawei Digital Technologies
(Suzhou) Co., Ltd., No. 328
XINHU STREET, Building A3,
Suzhou (Huawei R&D Center,
Building A3, Creative
Industrial Park, No. 328,
Xinghu Street, Suzhou),
Suzhou, Jiangsu, China.
Huawei Marine Networks Co.,
Ltd., a.k.a., the following
four aliases:
--Huawei Marine;
--HMN Technologies;
--Huahai Zhihui Technology
Co., Ltd.,; and
--HMN Tech. Building R4, No.
2 City Avenue, Songshan
Lake Science & Tech
Industry Park, Dongguan,
523808, and No. 62, Second
Ave., 5/F-6/F, TEDA, MSD-B2
Area, Tianjin Economic and
Technological Development
Zone, Tianjin, 300457,
China.
Huawei Mobile Technology
Ltd., Huawei Base, Building
2, District B, Shenzhen,
China.
Huawei Tech. Investment Co.,
U1 Building, No. 1899
Xiyuan Avenue, West Gaoxin
District, Chengdu City,
611731, China.
Huawei Technology Co., Ltd.
Chengdu Research Institute,
No. 1899, Xiyuan Ave., Hi-
Tech Western District,
Chengdu, Sichuan Province,
610041, China.
Huawei Technology Co., Ltd.
Hangzhou Research
Institute, No. 410,
Jianghong Rd., Building 4,
Changhe St., Binjiang
District, Hangzhou,
Zhejiang Province, 310007,
China.
Huawei Technologies Co.,
Ltd. Beijing Research
Institute, No. 3, Xinxi
Rd., Huawei Building,
ShangDi Information
Industrial Base, Haidian
District, Beijing, 100095,
China; and No. 18, Muhe
Rd., Building 1-4, Haidian
District, Beijing, China.
Huawei Technologies Co.,
Ltd. Material
Characterization Lab,
Huawei Base, Bantian,
Shenzhen 518129, China.
[[Page 21015]]
Huawei Technologies Co.,
Ltd. Xi'an Research
Institute, National
Development Bank Building
(Zhicheng Building), No. 2,
Gaoxin 1st Road, Xi'an High-
tech Zone, Xi'an, China.
Huawei Terminal (Shenzhen)
Co., Ltd., Huawei Base, B1,
Shenzhen, China.
Nanchang Huawei
Communication Technology,
No. 188 Huoju Street, F10-
11, Nanchang, China.
Ningbo Huawei Computer & Net
Co., Ltd., No. 48 Daliang
Street, Ningbo, China.
Shanghai Huawei Technologies
Co., Ltd., R&D center, No.
2222, Golden Bridge Road,
Pu Dong District, Shanghai,
286305 Shanghai, China,
China.
Shenzhen Huawei Anjiexin
Electricity Co., Ltd.,
a.k.a., the following one
alias: -Shenzhen Huawei
Agisson Electric Co., Ltd.
Building 2, Area B, Putian
Huawei Base, Longgang
District, Shenzhen, China;
and Huawei Base, Building
2, District B, Shenzhen,
China.
Shenzhen Huawei New
Technology Co., Ltd.,
Huawei Production Center,
Gangtou Village, Buji Town,
Longgang District,
Shenzhen, China.
Shenzhen Huawei Technology
Service, Huawei Base,
Building 2, District B,
Shenzhen, China.
Shenzhen Huawei Technologies
Software, Huawei Base,
Building 2, District B,
Shenzhen, China.
Zhejiang Huawei
Communications Technology
Co., Ltd., No. 360 Jiangshu
Road, Building 5, Hangzhou,
Zhejiang, China.
* * * * * * *
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\1\ For this entity, see Sec. 734.9(e) of the EAR for foreign-produced items that are subject to the EAR and
Sec. 744.11 of the EAR for related license requirements, license review policy, and applicable license
exceptions.
\2\ Cybersecurity research and vulnerability disclosure. The following exports, reexports, and transfers (in-
country) to Huawei Technologies Co., Ltd. (Huawei) and its non-U.S. affiliates on the Entity List for
cybersecurity research and vulnerability disclosure subject to other provisions of the EAR are excluded from
the Entity List license requirements: when the disclosure to Huawei and/or to its listed non-U.S. affiliates
is limited to information regarding security vulnerabilities in items owned, possessed, or controlled by
Huawei or any of its non-U.S. affiliates when related to the process of providing ongoing security research
critical to maintaining the integrity and reliability of existing and currently 'fully operational network'
and equipment. A 'fully operational network' refers to a 'third party' network providing services to the
'third party's' customers. The term 'third party' refers to a party that is not Huawei, one of its listed non-
U.S. affiliates, or the exporter, reexporter, or transferor, but rather an organization such as a
telecommunications service provider.
* * * * *
Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2022-07643 Filed 4-8-22; 8:45 am]
BILLING CODE 3510-33-P