[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Rules and Regulations]
[Pages 13048-13063]
[FR Doc No: 2022-04819]

Vol. 87

Tuesday,

No. 45

March 8, 2022

Part II

Department of Commerce

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Bureau of Industry and Security

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15 CFR Parts 734, 736, et al.

Imposition of Sanctions Against Belarus Under the Export Administration
Regulations (EAR); Final Rule

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

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 734, 736, 738, 740, 742, 744, and 746

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI75

Imposition of Sanctions Against Belarus Under the Export
Administration Regulations (EAR)

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

ACTION: Final rule.

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SUMMARY: In response to Belarus's substantial enabling of the Russian
Federation's (Russia)'s further invasion of Ukraine, this rule is
adding new license requirements and review policies for Belarus to the
Export Administration Regulations (EAR) to render Belarus subject to
the same sanctions that were imposed on Russia under the EAR effective
February 24, 2022. These new sanctions impose new Commerce Control List
(CCL)-based license requirements for Belarus; revise the two foreign
``direct product'' rules (FDP rules) that are specific to Russia and
Russian `military end users' to make them also applicable to Belarus
and Belarusian `military end users;' specify a license review policy of
denial applicable to all of the license requirements on Belarus that
are being added in this rule, with certain limited exceptions;
significantly restrict the use of EAR license exceptions; expand the
existing `military end use' and `military end user' control scope to
include Belarus for all items ``subject to the EAR'' other than food
and medicine designated EAR99; and add two new Belarusian entities to
the Entity List as `military end users.' This rule also imposes a
license requirement for nuclear nonproliferation items for exports and
reexports to Belarus and removes Belarus from Country Group A:4 under
the EAR. In addition, for Belarus and Russia, this rule amends the
availability of License Exceptions AVS and ENC and includes clarifying
guidance on the availability of CCD.

DATES: This rule is effective on March 2, 2022.

FOR FURTHER INFORMATION CONTACT: For questions on the Entity List and
MEU List, contact the Chair, End-User Review Committee, Office of the
Assistant Secretary, Export Administration, Bureau of Industry and
Security, Department of Commerce, Phone:<PHONE_NUMBER>, Fax: (202)
482-3911, Email: [email protected].
    For other questions on this final rule, contact Eileen Albanese,
Director, Office of National Security and Technology Transfer Controls,
Bureau of Industry and Security, Department of Commerce, Phone: (202)
482-0092, Fax: (202)<PHONE_NUMBER>, Email: [email protected]. For emails,
include ``Russia and Belarus'' in the subject line.

SUPPLEMENTARY INFORMATION:

I. Background

    In response to Russia's February 2022 invasion of Ukraine and
Belarus's substantial enabling of this invasion by supporting the
staging of Russian military forces on Belarusian territory and
supporting the invasion to proceed from such territory, the Bureau of
Industry and Security (BIS) imposes extensive sanctions on Belarus by
amending the Export Administration Regulations (15 CFR parts 730-774)
(EAR). This rule subjects Belarus to the same licensing restrictions
under the EAR that were imposed on Russia as part of the final rule,
Implementation of Sanctions Against Russia Under the Export
Administration Regulations (EAR), effective on February 24, 2022 \1\
(``Russia Sanctions rule''). This rule also revises the designation for
Belarus in the Country Groups in supplement no. 1 to part 740 to impose
a license requirement for Nuclear Nonproliferation (NP) column 1 in the
Commerce Country Chart in supplement no. 1 to part 738 of the EAR, as
described further below.
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    \1\ FR 2022-04300, scheduled to publish 3/3/2022.
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    Russia's invasion of Ukraine, substantially enabled by Belarus,
flagrantly violates international law, is contrary to U.S. national
security and foreign policy interests, and undermines global order,
peace, and security, and therefore necessitates these stringent and
expansive sanctions. The Commerce Department's sanctions on both Russia
and Belarus are one aspect of the broad U.S. Government response to
Russia's unprovoked aggression, along with Belarus's substantial
enabling of such aggression, and are being imposed in coordination with
allies and partners.
    After imposing sanctions on Russia on February 24, 2022, in
response to Russia's further invasion of Ukraine, the U.S. Government
announced that should Russia encroach further into Ukraine's territory,
it would impose additional, comprehensive sanctions with even graver
consequences. The U.S. Government made it clear to the government of
Belarus that there would be significant consequences should it enable
or otherwise facilitate Russian military actions against Ukraine.
Notably, State Department spokesman Ned Price told reporters on January
25, 2022 that ``[w]e've also made clear to Belarus that if it allows
its territory to be used for an attack on Ukraine, it would face a
swift and decisive response from the United States and our allies and
partners.''
    The export control measures implemented in this final rule protect
U.S. national security and foreign policy interests by restricting
Belarus's access to items that it needs to support its military
capabilities and preventing such items from being diverted through
Belarus to Russia. These items include sophisticated technologies
designed and produced in the United States, as well as certain foreign-
produced items that contain or are based on U.S.-origin technology and
software subject to the EAR or other technology and software that is
subject to the EAR that are essential inputs to Belarus's and Russia's
key technology and other sectors.
    BIS is primarily targeting the Belarusian defense, aerospace, and
maritime sectors with these new export controls. These export controls
include controls on the export from abroad of certain foreign-produced
items that are subject to the EAR. Given the global prevalence of U.S.-
origin software, technology, and equipment (including tooling) used in
advanced equipment and systems, these new controls, implemented in
parallel with similarly stringent measures by partner and allied
countries, will cover a broad scope of items that Belarus seeks to
advance its military capabilities or to provide to the Russian
government to enable the latter's projection of power and fulfillment
of its strategic ambitions.

II. Overview of New Controls

    BIS is implementing a new license requirement for Belarus on items
subject to the EAR and classified under any Export Control
Classification Number (ECCN) in Categories 3 through 9 of the Commerce
Control List, supplement. no. 1 to part 774 of the EAR (CCL). The new
license requirement is added under new Sec.  746.8(a)(1) (Russia and
Belarus sanctions) in part 746 of the EAR (Embargoes and Other Special
Controls). License exceptions described in Sec.  746.8(c)(1)-(7) may be
used to overcome the license requirement. When a license application is
required, applications for such items will be subject to a policy of
denial. However, to minimize unintended consequences, a case-by-case
review policy applies to applications to export, reexport, or transfer
(in-country) items that ensure

safety of flight, ensure maritime safety, applications for civil
nuclear safety, meet humanitarian needs, enable government space
cooperation, and allow transactions for items destined to specified
Western subsidiaries and joint ventures, support civil
telecommunications infrastructure in certain countries, and government-
to-government activities. The case-by-case review policy will be used
to determine whether a transaction that meets the criteria above would
benefit the Belarusian government or defense sector or present a risk
of diversion to Russia. Additionally, BIS is revising two foreign
``direct product'' rules (FDP rules) in Sec.  734.9 of the EAR that
were added to the EAR in the Russia Sanctions rule to add Belarus to
the scope of these two FDP rules. The first FDP rules now relates to
both Russia and Belarus, as described in revised Sec.  734.9(f) (the
``Russia/Belarus FDP rule''). Foreign-produced items subject to the EAR
under the Russia/Belarus FDP rule will be subject to the license
requirement described in new Sec.  746.8(a)(2) but will be eligible for
certain license exceptions described in Sec.  746.8(c)(1)-(7). When a
license application is required, it will be subject to a general policy
of denial but will be subject to case-by-case review for certain
circumstances described further in Sec.  746.8(b).
    The second FDP rule now targets both Russian and Belarusian
`military end users,' as described in revised Sec.  734.9(g) (the
``Russia/Belarus-MEU FDP rule''), with the revisions made in this rule.
Foreign-produced items subject to the EAR under the Russia/Belarus-MEU
FDP rule will be subject to the license requirement described in new
Sec.  746.8(a)(3). No license exceptions are available to overcome this
license requirement, except as specified in the Entity List entry for a
footnote 3 entity on the Entity List in supplement no. 4 to part 744 of
the EAR, and such items will be subject to a policy of denial for all
license applications, as described in Sec.  746.8(b).
    BIS has determined that certain countries are committed to
implementing substantially similar export controls as part of their
domestic sanctions against Russia and Belarus. These countries are
identified in supplement No. 3 to part 746 (Russia and Belarus
Exclusions List). They are excluded from the requirements of the
Russia/Belarus FDP rule and the Russia/Belarus MEU FDP rule and the de
minimis provisions under supplement No. 2 to part 734 with respect to
ECCNs that either specify only Anti-terrorism (AT) in the reason for
controls paragraph of the ECCN or are classified under ECCN 9A991. This
exclusion may be full or partial, as noted in the Scope column of the
Russia and Belarus Exclusions List and may only apply when the criteria
specified in Sec.  746.8(a)(4) or (5) are met.
    As part of this rule, BIS is also adding Belarus as a country
subject to `military end use' and `military end user' controls under
Sec.  744.21 of the EAR, thereby rendering Belarus subject to the
expanded scope of the Russia Sanctions rule (i.e., a license is
required for all items ``subject to the EAR'' except food and medicine
designated EAR99. This rule also adds two Belarusian entities to the
Entity List with a license requirement for the export, reexport, and
transfer (in-country) of all items ``subject to the EAR,'' including
those items subject to the Russia/Belarus/MEU FDP rule that applies to
`military end users' in Belarus.
    This rule removes the exclusion that was previously available for
eight Russian `military end-users'' for ECCNs 5A992.c and 5D992.c when
not for Russian ``government end users'' and Russian state-owned
enterprises (SoEs) from the license requirements under Sec. Sec.
746.8(a)(3) and 744.21(b). This rule also makes updates to Sec.
746.8(c)(6), to use alternate criteria to reduce the risk of diversion.

III. Amendments to the Export Administration Regulations (EAR)

A. Making Belarus Subject to the Sanctions Recently Imposed on Russia

Addition of Expansive License Requirements, Restrictive License Review
Policies, and Restrictions on License Exception Eligibility for Belarus
    Consistent with the sanctions imposed on Russia as part of the
Russia Sanctions rule, this rule adds expansive license requirements on
Belarus, with similarly restrictive license review policies and
restrictions on license exception eligibility. Specifically, this final
rule revises Sec.  746.8 to impose new sanctions against Belarus in
part 746 of the EAR (Embargoes and Other Special Controls). Under
paragraph (a) (License Requirements) of this section, this rule imposes
three distinct types of license requirements. The first requirement,
set forth in paragraph (a)(1) is specific to the export, reexport and
transfer (in-country) of items in categories 3, 4, 5, 6, 7, 8, or 9 of
the CCL. The second and third requirements, set forth in paragraphs
(a)(2) and (3) are specific to reexport, export from abroad, and
transfer (in-country) of foreign-produced ``direct products'' subject
to the EAR under the Russia/Belarus FDP rule or the Russia/Belarus MEU
FDP rule.
1. Section 746.8(a)(1) License Requirement
    Revises Sec.  746.8(a)(1) (Items classified in an ECCN in CCL
Categories 3 through 9) is supplemental to the license requirements
found elsewhere in the EAR. Under this paragraph, a license is required
for the export, reexport, or transfer (in-country) to or within Belarus
of any item subject to the EAR and specified in an ECCN in Categories
3, 4, 5, 6, 7, 8, or 9 of the CCL, excluding deemed exports and deemed
reexports. These new controls on Belarus mirror the broad controls
imposed on Russia as part of the Russia Sanctions rule. In implementing
these controls on Belarus, BIS is imposing broad transfer (in-country)
requirements on an entire country, as it did on Russia, a restriction
that reflects the significance of the U.S. national security and
foreign policy concerns resulting from Belarus's substantial enabling
of Russia's further invasion of Ukraine. These new license requirements
are intended to restrict items to and within Belarus, thereby reducing
the risk of diversion to the Russian military and Russian defense
sector. Additionally, paragraph (a)(1) extends EAR license requirements
to many items that did not previously require a license to Belarus on
the basis of their CCL classification alone, such as the parts and
components used in civil aircraft controlled under ECCN 9A991.d.
Although these items generally are controlled at a lower level under
the EAR, they are still necessary for the functioning of aircraft,
vessels and electronic items. As such, restrictions on these items can
significantly limit Belarus's ability to obtain items that it is not
able to produce and reduce the risk of their possible diversion to
Russia. In addition, with these new license requirements, additional
items will be treated as controlled U.S.-origin content for purposes of
de minimis calculations under supplement no. 2 to part 734 of the EAR,
except as described in Sec.  746.8(a)(5). BIS estimates that these new
controls will result in an additional 20 license applications being
submitted to BIS annually.
2. Section 746.8(a)(2) License Requirement for the Russia/Belarus FDP
Rule
    Revised paragraph (a)(2) (Foreign produced ``direct product'' items
subject to the EAR under the Russia/Belarus FDP rule) requirements are
now expanded to apply to Belarus with this final rule. The Russia/
Belarus FDP rule establishes a license requirement for foreign-produced
items that meet

certain product scope and destination scope requirements in Sec.
734.9(f) of the EAR. Specifically, the Russia/Belarus FDP rule makes
the ``direct product'' of a wide range of CCL software and technology,
or items produced by a complete plant or `major component' of a plant
that itself is the ``direct product'' of such U.S.-origin technology or
software, subject to the EAR when it is known that the foreign-produced
item is destined to Belarus or will be incorporated into or used in the
``production'' or ``development'' of any ``part,'' ``component,'' or
``equipment'' produced in or destined to Belarus. Notably, the product
scope of the Russia/Belarus FDP rule does not include items designated
EAR99 that are produced by ``technology'' or ``software'' as described
in Sec.  734.9(f)(1)(i) or by a complete plant or `major component' of
a plant as described in Sec.  734.9(f)(1)(ii). The Russia/Belarus FDP
rule is described in greater detail below.
    Under paragraph (a)(2), a license is required for the reexport,
export from abroad, or transfer (in-country) of any foreign-produced
items subject to the EAR under the Russia/Belarus FDP rule described in
Sec.  734.9(f) of the EAR to any destination. The phrase `any
destination' is used to address situations involving multi-step
manufacturing processes that occur in more than one country or within a
single country and in which the parties involved have ``knowledge''
that the foreign-produced item being produced will ultimately be
reexported or exported from abroad to Belarus. The license requirements
under paragraph (a)(2) will apply to the reexports or exports from
abroad from manufacturing country 1 to manufacturing country 2 (each
contributing to the production chain), when there is ``knowledge'' that
the reexport or export from abroad of the item is ultimately destined
to Belarus or incorporated into or used in the production or
development of any part component or equipment (not designated EAR99)
produced in or ultimately destined to Belarus.
    BIS estimates new license requirements under Sec.  746.8(a)(2) will
result in an additional 100 license applications being submitted to BIS
annually.
3. Section 746.8(a)(3) License Requirement for the Russia/Belarus MEU
FDP Rule
    This rule revises paragraph (a)(3) (Foreign-produced ``direct
product'' items subject to the EAR under Russia/Belarus Military End
User FDP rule) of Sec.  746.8 to add Belarus. As applied to Russia as
part of the Russia Sanctions rule, the Russia Military End User FDP
rule established a license requirement for foreign-produced items that
meet certain product scope and destination scope requirements in Sec.
734.9(g) of the EAR. This FDP rule is now being revised to also include
Belarusian `military end users.' The Russia/Belarus MEU FDP rule makes
the ``direct product'' of any CCL software or technology subject to a
license requirement (i.e., any software or technology in an ECCN in any
category of the CCL subject to the EAR, or items produced by a plant or
major component of a plant that itself is the ``direct product'' of
such U.S.-origin technology or software) when it is known that the
foreign-produced item will be incorporated into, or will be used in the
``production'' or ``development'' of any ``part,'' ``component,'' or
``equipment'' produced, purchased, or ordered by any entity with a
footnote 3 designation in the license requirement column of the Entity
List. Notably, the product scope of the Russia/Belarus MEU FDP rule
includes items designated EAR99 that are a ``direct product'' of
``technology'' or ``software'' described in Sec.  734.9(g)(1)(i) or
produced by a complete plant or `major component' of a plant as
described in Sec.  734.9(g)(1)(ii). The Russia/Belarus MEU FDP rule is
described in greater detail below.
    Section 746.8(a)(3) specifies that except as described in paragraph
(a)(4) of this section, a license is required to reexport, export from
abroad, or transfer (in-country), to any destination, any foreign-
produced item subject to the EAR under Sec.  734.9(g) of the EAR other
than food or medicine designated as EAR99. Because the Russia/Belarus
MEU FDP rule includes ``software'' and ``technology'' in ECCNs in
Categories 0, 1 and 2 (in addition to the other 7 categories of the
CCL), the likelihood that EAR99 food and medicine foreign direct
products could be subject to the EAR increases. To the extent that the
direct product of ECCN 0, 1, or 2 ``software'' or ``technology'' may
encompass EAR99 food or medicine, this rule exempts those items from
the license requirement. For the same reasons noted above in connection
with paragraph (a)(2), this final rule also uses the phrase `any
destination.'
4. Countries Excluded From Certain Russia/Belarus License Requirements
Under Section 746.8
    This final rule also revises paragraph (a)(4) (Exclusion from
license requirements under paragraphs (a)(2) and (3)) in Sec.  746.8 to
identify countries that BIS has determined are committed to
implementing substantially similar export controls as part of their
domestic sanctions against Belarus as well as Russia. The change made
in this rule is limited to adding Belarus to the scope of the
exclusion. These countries warrant full or partial exclusions, as
appropriate, from the requirements set forth under paragraphs (a)(2)
and (3) as identified in supplement No. 3 to part 746 (Russia and
Belarus Exclusions List). Similarly, this final rule revises paragraph
(a)(5) (Exclusion from scope of U.S.-origin controlled content under
paragraph (a)(1)) to carve out certain content from the scope of U.S.-
origin controlled content for de minimis purposes under supplement No.
2 to part 734 of the EAR when making a de minimis calculation for
Belarus. Paragraph (a)(5) specifies that the license requirements in
paragraph (a)(1) of this section are not used to determine controlled
U.S.-origin content in a foreign-made item, provided that: The U.S.-
origin content is described in ECCNs that either specify only Anti-
terrorism (AT) in the reason for controls paragraph of the ECCN or is
classified under ECCN 9A991 and is included in the Scope column of the
Russia and Belarus Exclusions List; and the foreign-made item will be
reexported or exported to Russia or Belarus from a country on the
Russia and Belarus Exclusions List.
    Excluded countries for purposes of Sec.  746.8 are identified in
supplement no. 3 to part 746--Countries Excluded from Certain Russia
and Belarus License Requirements, also known as the Russia and Belarus
Exclusions List. This rule updates the introductory text of the
supplement to add Belarus.
5. Licensing Policy for Applications Required Under Sec.  746.8
    Under paragraph (b) (Licensing Policy) of Sec.  746.8, applications
for the export, reexport or transfer (in-country) of items to Russia
that require a license under new paragraph (a)(1) and (2) will be
reviewed, with certain limited exceptions, under a policy of denial.
This rule amends this paragraph to apply the same licensing policy of
denial to Belarus and also subject Belarus to case-by-case review for
the same limited categories of transactions. Specifically, license
applications for certain categories of exports, reexports, and
transfers (in-country) will be reviewed on a case-by-case basis to
determine whether the transaction would benefit the Belarusian
government or defense sector. These categories are as follows:
Applications related to safety of flight, related to

maritime safety, to meet humanitarian needs, in support of government
space cooperation; and applications for companies headquartered in
Country Groups A:5 and A:6 to support civil telecommunications
infrastructure, or involving government-to-government activities. In
addition, applications for items destined to certain companies
operating in Russia or Belarus will be reviewed on a case-by-case basis
if the companies are: (1) Wholly-owned U.S. subsidiaries; (2) foreign
subsidiaries of U.S. companies that are joint ventures with other U.S.
companies, (3) joint ventures of U.S. companies with companies
headquartered in Country Group A:5 and A:6 in supplement no. 1 to part
740 countries, (4) wholly-owned subsidiaries of companies headquartered
in Country Group A:5 and A:6 in supplement no. 1 to part 740 countries,
or (5) joint ventures of companies headquartered in Country Group A:5
and A:6 with other companies headquartered in Country Groups A:5 and
A:6. The case-by-case review policy does not apply to Belarusian-
headquartered companies. This final rule also specifies in paragraph
(b) that license applications required under paragraph (a)(3) will be
reviewed under a policy of denial in all cases.
6. License Exceptions for Section 746.8 License Requirements
    Lastly, under paragraph (c) (License Exceptions), this final rule
specifies that certain license exceptions that apply to Sec.
746.8(a)(1) and (2) for transactions involving Russia similarly apply
for transactions involving Belarus. Specifically, the license
exceptions that now apply to Belarus are: Certain sections of License
Exception TMP for items for use by the news media, Sec.  740.9(a)(9);
License Exception GOV, Sec.  740.11(b); License Exception TSU for
software updates for civil end users provided those civil end users are
subsidiaries or joint ventures of companies headquartered in the United
States or a country or countries from Country Groups A:5 or A:6, Sec.
740.13(c); License Exception BAG, excluding firearms and ammunition
(paragraph (e)), Sec.  740.14; License Exception AVS (which now
excludes any aircraft registered in, owned, or controlled by, or under
charter or lease by Russia or a national of Russia under this rule),
Sec.  740.15(a) and (b); License Exception ENC, with its eligibility
for purposes of Sec.  746.8(c)(6) being narrowed in this rule and now
being limited to only civil end-users that are wholly-owned U.S.
subsidiaries, foreign subsidiaries of U.S. companies that are joint
ventures with other U.S. companies, joint ventures of U.S. companies
with companies headquartered in countries from Country Group A:5 and
A:6 in supplement no. 1 to part 740 of the EAR countries, the wholly-
owned subsidiaries of companies headquartered in countries from Country
Group A:5 and A:6, or joint ventures of companies headquartered in
Country Group A:5 and A:6 with other companies headquartered in Country
Groups A:5 and A:6. Paragraph (c) specifies that no license exceptions
in connection with transactions involving Belarus may overcome the
license requirements in paragraph (a)(3) except as specified in the
Entity List entry for a footnote 3 entity on the Entity List in
supplement no. 4 to part 744 of the EAR, which is consistent with the
fact that entities on the Entity List are generally not eligible for
license exceptions.

B. Russia and Belarus--FDP Rules

    In Sec.  734.9 (Foreign-Direct Product (FDP) Rules), this final
rule revises the two Foreign-Direct Product (FDP) rules that were added
to the EAR as part of the Russia Sanctions rule by adding Belarus as a
second country subject to FDP rules. The first of these two FDP rules
targets Belarus as a destination, and the second targets Belarusian
`military end users' by revising the headings of paragraphs (f), (f)(1)
and (2), and (g), and (g)(1) and (2) to add Belarus.
1. Addition of Belarus to the Russia FDP Rule
    This rule establishes that a foreign-produced item located outside
the United States is subject to the EAR if it meets both the product
scope in paragraph (f)(1) of Sec.  734.9 and the destination scope in
paragraph (f)(2) of Sec.  734.9 for Belarus. License requirements,
license review policy, and license exceptions applicable to the
foreign-produced items that are subject to the EAR pursuant to this
paragraph (f) are identified in Sec.  746.8, as described above.
Product scope for the Russia/Belarus FDP rule is defined in paragraph
(f)(1)(i) (``Direct product'' of ``technology'' or ``software'') and
paragraph (f)(1)(ii) (``Direct product'' of a complete plant or major
component of a plant).
    The criteria in paragraph (f)(1)(i) apply to a foreign-produced
item that is not designated EAR99 and that is the ``direct product'' of
U.S.-origin ``technology'' or ``software'' specified in any ECCN in
product groups D or E in Categories 3, 4, 5, 6, 7, 8, or 9 of the CCL.
The criteria in paragraph (f)(1)(ii) apply to a foreign-produced item
that is not designated EAR99 and is produced by any plant or `major
component' of a plant that itself is a ``direct product'' of U.S.-
origin ``technology'' or U.S.-origin ``software'' and specified in any
ECCN in product groups D or E in Categories 3, 4, 5, 6, 7, 8, or 9 of
the CCL. This is an expansive list of ``technology'' and ``software,''
which will result in many additional foreign-produced items being
considered ``subject to the EAR'' compared to the other FDP rules set
forth in the EAR that applied to Belarus prior to the publication of
this rule. The additional foreign-produced items that will be ``subject
to the EAR'' will be subject to the new license requirements imposed
through this rule under the Sec.  746.8 (Sanctions Against Russia), as
described above.
    For a foreign-produced item to be subject to the EAR under the
Russia/Belarus FDP rule, the criteria in Sec.  734.9(f)(2) (Destination
scope of the Russia/Belarus FDP rule) must also be met. Revised
paragraph (f)(2) specifies that a foreign-produced item meets the
destination scope of the Russia/Belarus FDP rule if there is
``knowledge'' that the foreign-produced item is destined to Russia or
Belarus, or will be incorporated into, or used in the ``production'' or
``development'' of any ``part,'' ``component,'' or ``equipment'' not
designated EAR99 and produced in or destined to Russia or Belarus.
2. Addition of Belarus to the Russia-Military End User (Russia-MEU) FDP
Rule
    Paragraph (g) of Sec.  734.9 is renamed as the Russia/Belarus MEU
FDP rule and now targets Belarusian as well as Russian `military end
users.' To address the significant support that these Belarusian
`military end users' provide to the Belarusian military, this more
expansive FDP rule is warranted for these identified `military end
users' compared to the FDP rules that apply to certain destinations
under the EAR. A foreign-produced item located outside the United
States is subject to the EAR if it meets both the product scope in
paragraph (g)(1) of Sec.  734.9 and the destination scope in paragraph
(g)(2). License requirements, license review policy, and license
exceptions applicable to the foreign-produced items that are subject to
the EAR pursuant to paragraph (g), which are now identified in Sec.
746.8, are described above.
    This final rule revises paragraph (g)(1)(i) (``Direct product'' of
``technology'' or ``software'') and paragraph (g)(1)(ii) (``Direct
product'' of a complete plant or major component of a plant) to define
the product scope for

the Russia/Belarus MEU FDP rule. The criteria in paragraph (g)(1)(i)
extends to the ``direct product'' of ``technology'' or ``software''
subject to the EAR and specified in any ECCN in product groups D or E
in any category of the CCL. Paragraph (g)(1)(ii) applies to a foreign-
produced item that is produced by a plant or `major component' of a
plant that itself is a ``direct product'' of U.S.-origin ``technology''
or U.S.-origin ``software'' subject to the EAR and specified in any
ECCN in product groups D or E in any category of the CCL, which is an
expansive list of ``technology'' and ``software.'' These changes will
result in many additional foreign-produced items being considered
``subject to the EAR'' compared to the other existing FDP rules for
these Belarusian `military end users.' The additional foreign-produced
items that will be ``subject to the EAR'' will be subject to the new
license requirements being imposed as part of the sanctions against
Belarus set forth in revised Sec.  746.8.
    For a foreign-produced item to be subject to the EAR, the criteria
in paragraph (g)(2) (End-user scope of the Russia/Belarus MEU FDP rule)
must be met. Paragraph (g)(2) specifies that a foreign-produced item
meets the destination scope of the Russia/Belarus MEU FDP rule if there
is ``knowledge'' as specified in paragraph (g)(2)(i) (Activities
involving Footnote 3 designated entities) that a foreign-produced item
will be incorporated into, or will be used in the ``production'' or
``development'' of any ``part,'' ``component,'' or ``equipment''
produced, purchased, or ordered by any entity with a footnote 3
designation in the license requirement column of the Entity List in
supplement No. 4 to part 744 of the EAR.
    Footnote 3 to the Entity List now also applies to Belarusian
`military end users' added to the Entity List as described below.
Footnote 3 to the Entity List includes a cross reference to Sec. Sec.
734.9(g), 746.8, and 744.21. As specified in paragraph (g)(2) of Sec.
734.9, any entity with a footnote 3 designation in the license
requirement column of the Entity List is a party to any transaction
involving the foreign-produced item, e.g., as a ``purchaser,''
``intermediate consignee,'' ``ultimate consignee,'' or ``end-user.''
Note 3 to paragraph (g) is revised to specify that for purposes of
paragraph (g), a `military end user' is any entity listed on the Entity
List with a footnote 3 designation.

C. Conforming Changes and Corrections and Clarifications

    Based on the foregoing changes to the EAR, this final rule also
makes certain conforming revisions to the Commerce Country Chart in
supplement No. 1 to part 738; the Consumer Communication Devices
license exceptions in Sec.  740.19; and certain licensing review
policies in part 742. These conforming revisions add references to
Belarus to each of these EAR provisions, mirroring the addition of
Russia to these provisions made as part of the Russian Sanctions Rule.
1. Commerce Country Chart Changes
    In supplement no. 1 to part 738--Commerce Country Chart, as a
conforming change, this final rule revises footnote 6 to add a
reference to Belarus, so exporters, reexporters, and transferors are
aware of the need to also review license requirements in Sec.  746.8
for items listed in any ECCN in Categories 3, 4, 5, 6, 7, 8, or 9 of
the CCL, as well as the exclusion for countries identified in
supplement no. 3 to part 746.
    Also on the Country Chart, this final rule adds a ``X'' in the
nuclear nonproliferation (NP) column 1 for Belarus. A license is now
required for exports and reexports to Belarus for NP:1 items under the
EAR. Requiring a license for NP:1 reasons for Belarus will control
these NP:1 items in the same manner as if they are destined for Russia,
another Nuclear Suppliers Group member that BIS has determined warrants
the imposition of an NP:1 license requirement under the EAR. BIS
estimates that these revisions to impose a license requirement for NP:1
items for Belarus will result in an additional 10 license applications
being submitted to BIS annually.
    Lastly, on the Country Chart, this final rule adds a ``X'' in the
NP column 2 for Belarus and Russia. A license is now required for
exports and reexports to Belarus and Russia for NP:2 items under the
EAR. Requiring a license for NP:2 reasons for Belarus and Russia is
warranted to include as part of these sanctions against Belarus and
Ukraine. This decision to impose an NP:2 license requirement also takes
into account that both Belarus and Russia are now designated in Country
Group D:2 as countries of concern for nuclear proliferation concern.
BIS estimates that these revisions to impose a license requirement for
NP:1 items for Belarus and Russia will result in an additional 60
license applications being submitted to BIS annually. As a conforming
change for the imposition of a license requirement for NP:2 for Belarus
and Russia, the final rule revises Sec.  742.3(b)(4) to specify there
is a case-by-case license review policy when the export, reexport or
transfer (in-country) is in support of Russian manufactured nuclear
power plants in Russia or other destinations will be reviewed on a
case-by-case basis.
2. Commerce Country Groups Changes
    This final rule revises the Commerce Country Groups in supplement
no. 1 to part 740 to remove the ``X'' in the column for Country Group
A:4 Nuclear Suppliers Group. As a conforming revision, this final rule
revises footnote 3 to supplement no. 1 to part 740 to add Belarus to
specify that Group A:4 is a list of the Nuclear Suppliers Group
countries, except for the People's Republic of China, Russia, and
Belarus.
    This final rule also revises the Commerce Country Groups to add an
``X'' in the column for Country Group D:2 Nuclear and D:4 Missile
Technology to reflect that Belarus is a country of concern for both
nuclear proliferation and missile technology proliferation. The
inclusion in these two Country Groups will mean additional restrictions
in terms of the use of EAR license exceptions, as well as some
additional licenses requirements that will be applicable, such as under
Sec.  744.3(a)(1) and (3), which has a prohibition for missile
technology end use that applies to Country Group D:4 countries, which
now include Belarus.
3. License Exception Changes
    This final rule amends License Exception CCD (Sec.  740.19), which
was previously limited to Cuba and Russia (the latter added as part of
the Russia Sanctions rule), by adding Belarus as an additional eligible
destination.
    In Sec.  740.19(a) (Authorizations), and in the introductory text
of paragraph (b) (Eligible commodities and software), this rule adds
Belarus. BIS reminds exporters, reexporters, and transferors that the
terms and conditions of License Exception CCD excludes non-consumer
servers and for servers received under License Exception CCD those must
be exported, reexported, and transferred (in-country) in accordance
with the terms and conditions. Consumer servers for home or personal
use that may be authorized under License Exception CCD are intended to
make it harder for the Russian government to control the message
getting to the Russian people.
    Additionally, under paragraph (c)(1) (Organizations), this final
rule revises paragraph (c)(1)(i), which identifies eligible end users
for License Exception CCD, to add Belarus. The revision to

paragraph (c)(1)(i) specifies that License Exception CCD is limited to
the export, reexport, or transfer (in-country) of eligible commodities
and software to and for the use of independent non-governmental
organizations in Belarus. This final rule also adds the Belarusian
Government to the exclusions under paragraph (c)(1)(ii) and adds a new
paragraph (c)(1)(iv) (Ineligible Belarusian Government Officials) to
exclude the specified officials from receiving commodities and software
under License Exception CCD. Only the end users named as eligible in
paragraph (c) may receive the commodities and software eligible under
License Exception CCD.
    This rule also makes changes to Sec.  746.8(c) as it relates to the
availability of License Exceptions AVS and ENC. This rule revises
section 746.8(c)(5) to exclude any aircraft registered in, owned, or
controlled by, or under charter or lease by Russia or a national of
Russia from using License Exception AVS under Sec.  740.15(a) and (b)
of the EAR. BIS takes this measure concurrently with the U.S.
Department of Transportation and its Federal Aviation Administration,
which have issued orders blocking Russian aircraft and airlines from
entering and using all domestic U.S. airspace.
    This rule revises Sec.  748.6(c)(6) to narrow the scope of License
Exception ENC that is available to overcome the license requirement
sunder Sec.  748.6(a)(1) and (2). License Exception ENC, with its
eligibility for purposes of Sec.  746.8(c)(6) being narrowed in this
rule and now being limited to only civil end-users that are wholly-
owned U.S. subsidiaries, foreign subsidiaries of U.S. companies that
are joint ventures with other U.S. companies, joint ventures of U.S.
companies with companies headquartered in countries from Country Group
A:5 and A:6 in supplement no. 1 to part 740 of the EAR countries, the
wholly-owned subsidiaries of companies headquartered in countries from
Country Group A:5 and A:6, or joint ventures of companies headquartered
in Country Group A:5 and A:6 with other companies headquartered in
Country Groups A:5 and A:6.
4. Part 742 (Control Policy--CCL Based Controls) Revisions
    In part 742, as conforming revisions to the license review policy
of denial added under paragraph (b) to new Sec.  746.8, this final rule
makes revisions to license review policies in five sections: 742.2
(Proliferation of chemical and biological weapons), 742.3 (Nuclear
nonproliferation), 742.4 (National security), 742.5 (Missile
technology), and 742.6 (Regional stability).
    Under Sec.  742.2, this final rule revises the second sentence of
paragraph (b)(4) to specify that a license review policy of denial
applies to Belarus. This final rule revises two sentences to clarify
that certain items, such as items to Russia and Belarus in support of
U.S.-Russia and U.S.-Belarusian civil space cooperation activities, are
reviewed on a case-by-case basis as specified under Sec.  746.8(b).
    In both Sec. Sec.  742.3 and 742.5, this final rule revises the
second sentence of paragraph (b)(4) to specify that a license review
policy of denial applies to Belarus. This final rule revises one
sentence in Sec. Sec.  742.3 and 742.5 to refer to Belarus, thereby
clarifying that certain items, such as items to Russia and Belarus in
support of U.S.-Russia and U.S.-Belarusian civil space cooperation
activities, are reviewed on a case-by-case basis as specified under
Sec.  746.8(b).
    Under Sec.  742.4, this final rule also revises paragraph (b)(9),
which states that all applications for Russia will be reviewed in
accordance with the licensing policy set forth in Sec.  746.8(b), to
add a reference to Belarus, which is now also subject to the license
review policy.
    Under Sec.  742.6, this final rule revises paragraph (b)(9), to
specify that all applications for Belarus will be reviewed in
accordance with the licensing policy set forth in Sec.  746.8(b), as
well as being reviewed in accordance with the foreign policy interest
of promoting the observance of human rights throughout the world and
consistent with United States arms embargo policies in Sec.  126.1 of
the ITAR (22 CFR 126.1).
5. Change in Scope of License Requirements for ECCN 5A992 and 5D992
    In Sec.  746.8, this rule revises the paragraph (a)(1) introductory
text to add an exclusion from the license requirements of paragraphs
(a)(1) and (2). The rule revises paragraph (a) introductory text that
for purposes of paragraphs (a)(1) and (2), commodities and software
classified under ECCNs 5A992 or 5D992 do not require a license to or
within Russia or Belarus for civil end-users that are wholly-owned U.S.
subsidiaries, foreign subsidiaries of U.S. companies that are joint
ventures with other U.S. companies, joint ventures of U.S. companies
with companies headquartered in countries from Country Group A:5 and
A:6, the wholly-owned subsidiaries of companies headquartered in
countries from Country Group A:5 and A:6, or joint ventures of
companies headquartered in Country Group A:5 and A:6 with other
companies headquartered in Country Groups A:5 and A:6.

D. Changes to `Military End Use' and `End User' Controls for Belarus

    This final rule revises the scope of the `military end use' and
`military end user' controls under Sec.  744.21 of the EAR to reflect
the imposition of such controls for Belarus. Additionally, these new
controls will apply broadly to all items ``subject to the EAR'' (the
same scope of items that applies to Russia). As a result of the
expanded controls for Belarus for `military end users' and `military
end uses,' BIS is revising the Entity List in supplement No. 4 to part
744 to make conforming changes. Accordingly, this final rule revises
Sec.  744.21 as follows to reflect the expanded `military end use' and
`military end user' controls for Belarus:
    This final rule revises the heading of Sec.  744.21 to add Belarus.
    In paragraph (a), this final rule revises the first sentence to add
a reference to Belarus after Russia to specify that the same scope of
license requirements and exclusions will apply to Belarus. This final
rule will require a license for all items subject to the EAR for
Belarusian `military end use' and `military end users' except for food
or medicine designated as EAR99. As revised by this rule, the
prohibition is broader for Belarus (and Russia) than for the other
countries subject to the requirements of Sec.  744.21.
    BIS is revising paragraph (b)(1) (`Military End-User' (MEU) List)
to provide guidance for Belarusian entities placed on the Entity List
based on Sec.  744.21(b). This final rule specifies that such entities
may be added to supplement No. 4 of part 744--the Entity List--and are
subject to license requirements that apply to all items ``subject to
the EAR'' except for food or medicine designated as EAR99.
    Under paragraph (b)(1)(ii) (License requirements for parties to the
transaction), this final rule also revises paragraph (b)(1)(ii) to add
Belarus to the sentence that clarifies that, for purposes of Belarus
(as well as Russia), a license requirement applies to all items subject
to the EAR for entities listed in supplement no. 4 to part 744 (the
Entity List) pursuant to Sec.  744.21 when such an entity is a party to
the transaction as described in Sec.  748.5(c) through (f) of the EAR.
These changes are necessary because, with the publication of this final
rule, the license requirements for Belarus, along with those for
Russia, are

broader than for the other four countries.
    Under paragraph (e) (License review standards), this final rule
revises one sentence to specify that the license review policy for
applications to or within Belarus subject to the license requirements
described in paragraph (a) will be a policy of denial. This policy is
identical to the policy that applies to Russia.
    BIS estimates that these changes to Sec.  744.21 will result in an
additional 20 license applications being submitted to BIS annually.

E. Changes to Military-Intelligence End Uses or End Users Controls for
Belarus

    This rule also adds Belarus to the countries subject to the
`military-intelligence end use' and `military-intelligence end user'
(MIEU) restrictions in Sec.  744.22 of the EAR. In addition to the
license requirements for items specified on the CCL, Sec.  744.22
prohibits the export, reexport, or transfer (in-country) without a
license of items subject to the EAR to Burma, China, the Russian
Federation, Venezuela, or a country listed in Country Group E:1 or E:2.
With the publication of this rule, Belarus is now added to the
countries subject to this license requirement. Such exports, reexports,
or transfers (in-country) require a license if, at the time of the
export, reexport, or transfer (in-country), the exporter, reexporter,
or transferor (in-country) has ``knowledge,'' as defined in Sec.  772.1
of the EAR that the item is intended, entirely or in part, for a
`military-intelligence end use,' or `military-intelligence end user,'
in Belarus, Burma, Cambodia, China, the Russian Federation, Venezuela
or the countries listed in Country Group E:1 or E:2. Applications
submitted for the export or reexport to Belarus, or transfer within
Belarus, of an EAR item under this section will be reviewed with a
presumption of denial.
    This final rule as a conforming change also revises Section
736.2(b)(7)(i)(5) to add a reference to Belarus.
    This rule also adds a new paragraph (f)(2)(x) for Belarus to
identify The Main Intelligence Directorate of the General Staff of the
Armed Forces of Belarus as a `military-intelligence end user.'
    With this amendment to Sec.  744.22 of the EAR, BIS is also
revising Sec.  744.6(b)(5) of the EAR to restrict specific activities
of ``U.S. persons'' in connection with a `military-intelligence end
use' or `military-intelligence end user' in Belarus. BIS estimates that
these new controls under Sec. Sec.  744.6(b)(5) and 744.21 will result
in an additional 5 license applications being submitted to BIS
annually.

F. Entity List Changes for Belarusian Entities

    Under Sec.  744.11(b) (Criteria for revising the Entity List),
entities for which there is reasonable cause to believe, based on
specific and articulable facts, that the entities have been involved,
are involved, or pose a significant risk of being or becoming involved
in activities that are contrary to the national security or foreign
policy interests of the United States, and those acting on behalf of
such entities, may be added to the Entity List. Paragraphs (b)(1)
through (5) of Sec.  744.11 provide an illustrative list of activities
that could be considered contrary to the national security or foreign
policy interests of the United States. The Entity List in supplement
no. 4 to part 744 identifies the entities so designated. The EAR
imposes additional license requirements on, and limit the availability
of most license exceptions for, exports, reexports, and transfers (in-
country) when an entity that is listed on the Entity List is a party to
the transaction as described in Sec.  748.5(c) through (f) of the EAR.
The license review policy for each listed entity is identified in the
``License Review Policy'' column on the Entity List, and the impact on
the availability of license exceptions is described in the relevant
Federal Register document adding entities to the Entity List. BIS
places entities on the Entity List pursuant to part 744 (Control
Policy: End-User and End-Use Based) and part 746 (Embargoes and Other
Special Controls) of the EAR. As discussed further below, the two
entities being added in this rule will receive a footnote 3 designation
because the ERC has determined they are `military end users' in
accordance with Sec.  744.21.
    The ERC, composed of representatives of the Departments of Commerce
(Chair), State, Defense, Energy and, where appropriate, the Treasury,
makes all decisions regarding additions to, removals from, or other
modifications to the Entity List. The ERC makes all decisions to add an
entry to the Entity List by majority vote and all decisions to remove
or modify an entry by unanimous vote. Decisions on Entity entries may
also be made by higher-level officials of agencies represented on the
ERC.
1. Additions to the Entity List
    This rule implements the decision of the ERC to add two entities--
JSC Integral and The Ministry of Defence of the Republic of Belarus,
including the Armed Forces of Belarus and all operating units wherever
located. The entry for the Ministry of Defence of the Republic of
Belarus includes the national armed services (armyor air force), as
well as the national guard and national police, government intelligence
or reconnaissance organizations of the Republic of Belarus. These two
entities will be added to the Entity List under the destination
Belarus. These entities will be added on the basis of Sec. Sec.
744.11(b) and 744.21 and will be designated with footnote 3 because
they are `military end users.' Both entities are being added to the
Entity List for being involved in activities that are contrary to U.S.
national security and foreign policy interests, which include but are
not limited to being closely aligned with the Russian military and
helping to facilitate Belarus's substantial enabling of Russia's
further invasion of Ukraine. Pursuant to Sec. Sec.  744.11(b)(5) and
744.21(e) and footnote 3 of the EAR, the ERC determined that the
conduct of the above-described two entities raise sufficient concerns
that prior review, via the imposition of a license requirement for
exports, reexports, or transfers (in-country), of all items subject to
the EAR. Moreover, as footnote 3 provides, a license is required to
reexport, export from abroad, or transfer (in-country) to or within any
destination any foreign-produced item subject to the EAR under Sec.
734.9(g) of the EAR other than food or medicine designated as EAR99. As
provided in Sec.  744.21(e), license applications will be reviewed
under a policy of denial. No EAR license exceptions are available for
these entities.
    For the reasons described above, this final rule adds the JSC
Integral and The Ministry of Defence of the Republic of Belarus,
including the Armed Forces of Belarus, to the Entity List.
Belarus
     JSC Integral; and
     The Ministry of Defence of the Republic of Belarus,
including the Reserve Forces (Army and Air Force), as well as the
National Guard and National Police, Government Intelligence or
Reconnaissance Organizations of the Republic of Belarus.
    The acronym ``a.k.a.,'' which is an abbreviation of ``also known
as,'' is used in entries on the Entity List to identify aliases,
thereby assisting exporters, reexporters, and transferors in
identifying entities on the Entity List.
2. Revisions to the Entity List
    This rule implements a modification to eight existing entries for
``Argut OOO,'' ``International Center for Quantum Optics and Quantum

Technologies LLC,'' ``JSC Central Research Institute of Machine
Building (JSC TsNIIMash),'' ``Kamensk-Uralsky Metallurgical Works J.S.
Co.,'' ``Oboronprom OJSC,'' ``Promtech-Dubna, JSC,'' ``Radiotechnical
and Information Systems (RTI) Concern,'' and ``SP Kvant'' under Russia
that were added to the Entity List in the Russia Sanctions rule.
Specifically, this rule modifies the entry for these eight entities to
remove the exclusion for ECCN 5A992.c and 5D992.c unless for Russian or
Belarusian ``government end users'' and Russian or Belarusian state-
owned enterprises (SoEs).
Savings Clause
    For the sanctions against Belarus added under Sec.  746.8(a)(2) and
(3), shipments of items removed from eligibility for a License
Exception or reexport or transfer (in-country) without a license (NLR)
as a result of this regulatory action that were en route aboard a
carrier to a port of export, reexport, or transfer (in-country), on
March 26, 2022, pursuant to actual orders for reexport, or transfer
(in-country) to or within a foreign destination, may proceed to that
destination under the previous eligibility for a License Exception or
reexport or transfer (in-country) without a license (NLR).
    For all other changes being made in this final rule, shipments of
items removed from eligibility for a License Exception or export,
reexport, or transfer (in-country) without a license (NLR) as a result
of this regulatory action that were en route aboard a carrier to a port
of export, reexport, or transfer (in-country), on March 2, 2022,
pursuant to actual orders for export, reexport, or transfer (in-
country) to or within a foreign destination, may proceed to that
destination under the previous eligibility for a License Exception or
export, reexport, or transfer (in-country) without a license (NLR).

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (codified, as
amended, at 50 U.S.C. Sections 4801-4852). ECRA provides the legal
basis for BIS's principal authorities and serves as the authority under
which BIS issues this rule. To the extent it applies to certain
activities that are the subject of this rule, the Trade Sanctions
Reform and Export Enhancement Act of 2000 (TSRA) (codified, as amended,
at 22 U.S.C. Sections 7201-7211) also serves as authority for this
rule.

Rulemaking Requirements

    1. This final rule is not a ``significant regulatory action''
because it ``pertain[s]'' to a ``military or foreign affairs function
of the United States'' under sec. 3(d)(2) of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
involves three collections of information. BIS believes there will be
minimal burden changes to two of these collections--Five-Year Records
Retention Requirement for Export Transactions and Boycott Actions (OMB
control number 0694-0096) and Automated Export System (AES) Program
(OMB control number 0607-0152).
    However, ``Multi-Purpose Application (OMB control number 0694-0088
will exceed existing estimates currently associated with this
collection as the respondent burden will increase the estimated number
of submissions by 215 for license applications submitted annually to
BIS. BIS estimates the burden hours associated with this collection
would increase by 110 (i.e., 215 applications x 30.6 minutes per
response) for a total estimated cost increase of $3,300 (i.e., 110
hours x $30 per hour). The $30 per hour cost estimate for OMB control
number 0694-0088 is consistent with the salary data for export
compliance specialists currently available through glassdoor.com
(glassdoor.com estimates that an export compliance specialist makes
$55,280 annually, which computes to roughly $26.58 per hour).
Consistent with 5 CFR 1320.13, BIS requested, and OMB has approved,
emergency clearance for an increase in the burden estimate under due to
the additional license requirements imposed by this rule.
    3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of
2018 (50 U.S.C. 4821) (ECRA), this action is exempt from the
Administrative Procedure Act (APA) (5 U.S.C. 553) requirements for
notice of proposed rulemaking, opportunity for public participation,
and delay in effective date. While section 1762 of ECRA provides
sufficient authority for such an exemption, this action is also
independently exempt from these APA requirements because it involves a
military or foreign affairs function of the United States (5 U.S.C.
553(a)(1)).
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.

List of Subjects

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and
patents, Research, Science and technology.

15 CFR Parts 736 and 738

    Exports.

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 746

    Exports, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, parts 734, 736, 738, 740,
742, 744, and 746 of the Export Administration Regulations (15 CFR
parts 730 through 774) are amended as follows:

PART 734--SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS

0
1. The authority citation for 15 CFR part 734 continues to read as
follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp.,
p. 223; Notice of November 10, 2021, 86 FR 62891 (November 12,
2021).

0
2. Section 734.9 is amended by revising paragraphs (f) and (g) to read
as follows:

Sec.  734.9  Foreign-Direct Product (FDP) Rules.

* * * * *
    (f) Russia/Belarus FDP rule. A foreign-produced item is subject to
the EAR if it meets both the product scope in paragraph (f)(1) of this
section and the destination scope in paragraph (f)(2) of this section.
See Sec.  746.8 of the EAR for license requirements, license review
policy, and license exceptions applicable to foreign-produced items
that are subject to the EAR pursuant to this paragraph (f).
    (1) Product scope of Russia/Belarus FDP rule. The product scope
applies if a foreign-produced item meets the conditions of either
paragraph (f)(1)(i) or (ii) of this section.
    (i) ``Direct product'' of ``technology'' or ``software.'' A
foreign-produced item meets the product scope of this paragraph
(f)(1)(i) if the foreign-produced item is not designated EAR99 and is a
``direct product'' of U.S.-origin ``technology'' or ``software''
subject to the EAR that is specified in any ECCN in product groups D or
E in Categories 3, 4, 5, 6, 7, 8, or 9 of the CCL; or
    (ii) ``Direct product'' of a complete plant or `major component' of
a plant. A foreign-produced item, meets the product scope of this
paragraph (f)(1)(ii) if the foreign-produced item is not designated
EAR99 and is produced by any plant or `major component' of a plant that
is located outside the United States, when the plant or `major
component' of a plant, whether made in the United States or a foreign
country, itself is a ``direct product'' of U.S.-origin ``technology''
or ``software'' subject to the EAR that is specified in any ECCN in
product groups D or E in Categories 3, 4, 5, 6, 7, 8, or 9 of the CCL.
    (2) Destination scope of the Russia/Belarus FDP rule. A foreign-
produced item meets the destination scope of this paragraph (f)(2) if
there is ``knowledge'' that the foreign-produced item is destined to
Russia or Belarus or will be incorporated into or used in the
``production'' or ``development'' of any ``part,'' ``component,'' or
``equipment'' not designated EAR99 and produced in or destined to
Russia or Belarus.
    (g) Russia/Belarus-Military End User FDP rule. A foreign-produced
item is subject to the EAR if it meets both the product scope in
paragraph (g)(1) of this section and the end-user scope in paragraph
(g)(2) of this section. See Sec.  746.8 of the EAR for license
requirements, license review policy, and license exceptions applicable
to foreign-produced items that are subject to the EAR pursuant to this
paragraph (g).
    (1) Product Scope of Russia/Belarus-Military End User FDP rule. The
product scope applies if a foreign-produced item meets the conditions
of either paragraph (g)(1)(i) or (ii) of this section.
    (i) ``Direct product'' of ``technology'' or ``software.'' A
foreign-produced item meets the product scope of this paragraph
(g)(1)(i) if the foreign-produced item is a ``direct product'' of
``technology'' or ``software'' subject to the EAR and specified in any
ECCN in product groups D or E in any categories of the CCL; or
    (ii) ``Direct product'' of a complete plant or `major component' of
a plant. A foreign-produced item meets the product scope of this
paragraph (g)(1)(ii) if the foreign-produced item is produced by any
plant or `major component' of a plant that is located outside the
United States, when the plant or `major component' of a plant, whether
made in the United States or a foreign country, itself is a ``direct
product'' of U.S.-origin ``technology'' or ``software'' subject to the
EAR that is specified in any ECCN in product groups D or E in any
categories of the CCL.
    (2) End-user scope of the Russia/Belarus-`Military End User' FDP
rule. A foreign-produced item meets the end-user scope of this
paragraph (g)(2) if there is ``knowledge'' that:
    (i) Activities involving footnote 3 designated entities. The
foreign-produced item will be incorporated into, or used in the
``production'' or ``development'' of any ``part,'' ``component,'' or
``equipment'' produced, purchased, or ordered by any entity with a
footnote 3 designation in the license requirement column of the Entity
List in Supplement No. 4 to part 744 of the EAR; or
    (ii) Footnote 3 designated entities as transaction parties. Any
entity with a footnote 3 designation in the license requirement column
of the Entity List in Supplement No. 4 to part 744 of the EAR is a
party to any transaction involving the foreign-produced item, e.g., as
a ``purchaser,'' ``intermediate consignee,'' ``ultimate consignee,'' or
``end-user.''

    Note 3 to paragraph (g).  A `military end user' for purposes of
paragraph (g) is any entity listed on the Entity List in supplement
no. 4 to part 744 of the EAR with a footnote 3 designation.

PART 736--GENERAL PROHIBITIONS

0
3. The authority citation for 15 CFR part 736 continues to read as
follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp.,
p. 168; Notice of November 10, 2021, 86 FR 62891 (November 12,
2021); Notice of May 6, 2021, 86 FR 26793 (May 10, 2021).

0
4. Section 736.2 is amended by revising paragraph (b)(7)(i)(A)(5) to
read as follows:

Sec.  736.2  General prohibitions and determination of applicability.

* * * * *
    (b) * * *
    (7) * * *
    (i) * * *
    (A) * * *
    (5) A `military-intelligence end use' or a `military-intelligence
end user,' as defined in Sec.  744.22(f) of the EAR, in Belarus, Burma,
the People's Republic of China, Russia, or Venezuela; or a country
listed in Country Groups E:1 or E:2.
* * * * *

PART 738--COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART

0
5. The authority citation for 15 CFR part 738 continues to read as
follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c; 22 U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004;
42 U.S.C. 2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et
seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.

0
6. Supplement no. 1 to part 738 is amended by revising the entries for
``Belarus'' and ``Russia'' and footnote 6 to read as follows:

Supplement No. 1 to Part 738--Commerce Country Chart

                                                                                [Reason for Control]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Chemical and biological        Nuclear          National       Missile       Regional        Firearms         Crime control         Anti- terrorism
                                                     weapons           nonproliferation      security         tech        stability      convention --------------------------------------------
                 Countries                 ---------------------------------------------------------------------------------------------------------
                                              CB 1     CB 2     CB 3     NP 1     NP 2     NS 1     NS 2      MT 1      RS 1     RS 2       FC 1       CC 1     CC 2     CC 3     AT 1     AT 2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                                * * * * * * *
Belarus \6\...............................       X        X        X        X        X        X        X          X        X        X   ...........       X        X   .......  .......  .......

                                                                                * * * * * * *
Russia \6\................................       X        X        X        X        X        X        X          X        X        X   ...........       X        X   .......  .......  .......

                                                                                * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 * * * * * * *
\6\ See Sec.   746.5 of the EAR for additional license requirements under the Russian Industry Sector Sanctions for ECCNs 0A998, 1C992, 3A229, 3A231, 3A232, 6A991, 8A992, and 8D999 and items
  identified in supplement no. 2 to part 746 of the EAR. See Sec.   746.8 of the EAR for Sanctions against Russia and Belarus, including additional license requirements for items listed in any
  ECCN in Categories 3, 4, 5, 6, 7, 8, or 9 of the CCL.

* * * * *

PART 740--LICENSE EXCEPTIONS

0
7. The authority citation for 15 CFR part 740 continues to read as
follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783.

0
8. Section 740.2 is amended by revising paragraph (a)(6) to read as
follows:

Sec.  740.2   Restrictions on all License Exceptions.

    (a) * * *
    (6) The export or reexport is to a sanctioned destination (Cuba,
Iran, North Korea, Syria, Crimea region of Ukraine, and the so-called
Donetsk People's Republic (DNR) and Luhansk People's Republic (LNR)
regions of Ukraine) or a license is required based on a limited
sanction (Russia or Belarus) unless a license exception or portion
thereof is specifically listed in the license exceptions paragraph
pertaining to a particular sanctioned country in part 746 of the EAR.
* * * * *

0
9. Section 740.19 is amended by revising paragraphs (a), (b)
introductory text, and (c) to read as follows:

Sec.  740.19  Consumer Communications Devices (CCD).

    (a) Authorizations. This section authorizes the export, reexport,
or transfer (in-country) of commodities and software to Cuba, Russia,
and Belarus subject to the requirements stated in this section. This
section does not authorize U.S. owned or controlled entities in third
countries to engage in reexports of foreign produced commodities to
Cuba for which no license would be issued by the Department of the
Treasury pursuant to 31 CFR 515.559.
    (b) Eligible commodities and software. Commodities and software in
paragraphs (b)(1) through (17) of this section are eligible for export,
reexport, or transfer (in-country) under this section to and within
Cuba, Russia, and Belarus.
* * * * *
    (c) Eligible and ineligible end users--(1) Organizations. (i) The
license exception in this section may be used to export, reexport, or
transfer (in-country) eligible commodities and software to and for the
use of independent non-governmental organizations in Cuba, Russia, or
Belarus.
    (ii) The Cuban Government, the Cuban Communist Party, the Russian
Government, the Belarusian Government, and organizations administered
or controlled by the Cuban Government, the Cuban Communist Party, the
Russian Government, or the Belarusian Government are not eligible end
users.
    (iii) [Reserved]
    (2) Individuals. The license exception in this section may be used
to export, reexport, or transfer (in-country) eligible commodities and
software to and for the use of individuals other than the following:
    (i) Ineligible Cuban Government officials. Ministers and Vice-
Ministers; members of the Council of State; members of the Council of
Ministers; members and employees of the National Assembly of People's
Power; members of any provincial assembly; local sector chiefs of the
Committees for the Defense of the Revolution; Director Generals and
sub-Director Generals and higher of all Cuban ministries and state
agencies; employees of the Ministry of the Interior (MININT); employees
of the Ministry of Defense (MINFAR); secretaries and first secretaries
of the Confederation of Labor of Cuba (CTC) and its component unions;
chief editors, editors and deputy editors of Cuban state-run media
organizations and programs, including newspapers, television, and
radio; or members and employees of the Supreme Court (Tribuno Supremo
Nacional).
    (ii) Ineligible Cuban Communist Party officials. Members of the
Politburo.
    (iii) Ineligible Russian Government officials. The President, Prime
Minister, and Deputy Prime Ministers; Federal Ministers; Chairman,
Deputy Chairman, and Secretary of the Security Council; members and
employees of the Federal Assembly (the State Duma and the Federation
Council); members and employees of the Supreme Court and the
Constitutional Court; Chief and all employees of the General Staff of
the armed forces; employees of the Ministry of Defence; Director and
employees of the Federal Security Service, Director and employees of
the Foreign Intelligence Service; employees of the Ministry of the
Interior; employees of state committees, chief editors, editors and
deputy editors of Russian state-run media organizations and programs,
including newspapers, television, and radio; offices, services,
agencies and other entities organized under or reporting to the federal
government.
    (iv) Ineligible Belarusian Government officials. Alyaksandr
Lukashenko; Prime Minister and Deputy Prime Ministers; members of the
Council of Ministers; members of the Security Council of Belarus;
members and employees of the National Assembly of the Republic of
Belarus; members and employees of the Supreme Court and the
Constitutional Court; Chief and all employees of the General Staff of
the armed forces; employees of the Ministry of Defense, including the
National Armed Services (Army and Air Force), the National

Guard and National Police; and employees of Government Intelligence or
Reconnaissance Organizations of the Republic of Belarus, including the
Director and employees of the State Security Committee (BKGB);
employees of the Ministry of Internal Affairs; employees of state
committees; employees of the State Authority for the Military Industry;
employees of the Border Control Committee of the Republic of Belarus;
chief editors, editors and deputy editors of Belarusian state-run media
organizations and programs, including newspapers, television, and
radio; offices, services, agencies and other entities organized under
or reporting to the federal government.

0
10. Supplement no. 1 to part 740 is amended by revising the entry for
``Belarus'' and footnote 3 in the Country Group A table and the entry
for ``Belarus'' in the Country Group D table to read as follows:

Supplement No. 1 to Part 740--Country Groups

                                                                     Country Group A
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               [A:1]       [A:2] Missile
                                                             Wassenaar      technology         [A:3]       [A:4] Nuclear
                         Country                           participating  control regime     Australia       suppliers         [A:5]           [A:6]
                                                            states \1\          \2\            group         group \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Belarus

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Country Group A:1 is a list of the Wassenaar Arrangement Participating States, except for Malta, Russia and Ukraine.
\2\ Country Group A:2 is a list of the Missile Technology Control Regime countries, except for Russia.
\3\ Country Group A:4 is a list of the Nuclear Suppliers Group countries, except for the People's Republic of China (PRC), Russia, and Belarus.

* * * * *

                                                                     Country Group D
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                [D:5] U.S. arms
                              Country                                 [D:1] National   [D:2] Nuclear    [D:3] Chemical   [D:4] Missile      embargoed
                                                                         security                        & biological      technology     countries \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Belarus............................................................               X                X                X                X                X

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Note to Country Group D:5: Countries subject to U.S. arms embargoes are identified by the State Department through notices published in the Federal
  Register. The list of arms embargoed destinations in this table is drawn from 22 CFR 126.1 and State Department Federal Register notices related to
  arms embargoes (compiled at www.pmddtc.state.gov/embargoed_countries/index.html) and will be amended when the State Department publishes subsequent
  notices. If there are any discrepancies between the list of countries in this table and the countries identified by the State Department as subject to
  a U.S. arms embargo (in the Federal Register), the State Department's list of countries subject to U.S. arms embargoes shall be controlling.

* * * * *

PART 742--CONTROL POLICY--CCL BASED CONTROLS

0
11. The authority citation for 15 CFR part 742 continues to read as
follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004
Comp., p. 320; Notice of November 10, 2021, 86 FR 62891 (November
12, 2021).

0
12. Section 742.2 is amended by revising paragraph (b)(4) to read as
follows:

Sec.  742.2  Proliferation of chemical and biological weapons.

* * * * *
    (b) * * *
    (4) License applications for items described in paragraph (a) of
this section, when destined for the People's Republic of China will be
reviewed in accordance with the licensing policies in both paragraph
(b) of this section and Sec.  742.4(b)(7). When such items are destined
to Russia or Belarus, license applications will be reviewed under a
policy of denial. However, exports and reexports of items to Russia or
Belarus in support of U.S.-Russia or U.S.-Belarus civil space
cooperation activities-will be reviewed on a case-by-case basis, as
well as certain other certain specified activities specified in Sec.
746.8 of the EAR. See Sec.  746.8(b).
* * * * *

0
13. Section 742.3 is amended by revising the second and third sentences
of paragraph (b)(4) to read as follows:

Sec.  742.3  Nuclear nonproliferation.

* * * * *
    (b) * * *
    (4) * * * When such items are destined to Russia or Belarus,
license applications will be reviewed under a policy of denial.
However, exports and reexports of items to Russia or Belarus in support
of U.S.-Russia or U.S.-Belarus civil space cooperation activities or in
support of Russian manufactured nuclear power plants in

Russia or other destinations will be reviewed on a case-by-case basis.
* * *
* * * * *

0
14. Section 742.4 is amended by revising paragraph (b)(9) to read as
follows:

Sec.  742.4  National security.

* * * * *
    (b) * * *
    (9) For the Russian Federation and Belarus, all applications will
be reviewed in accordance with the licensing policy set forth in Sec.
746.8(b) of the EAR.
* * * * *

0
15. Section 742.5 is amended by revising the second, third, and fourth
sentences of paragraph (b)(5) to read as follows:

Sec.  742.5  Missile technology.

* * * * *
    (b) * * *
    (5) * * * When such items are destined to Russia or Belarus,
license applications will be reviewed under a policy of denial.
However, exports and reexports of items to Russia or Belarus in support
of U.S.-Russia or U.S.-Belarus civil space cooperation activities-will
be reviewed on a case-by-case basis. See Sec.  746.8(b) of the EAR.
* * * * *

0
16. Section 742.6 is amended by revising paragraph (b)(9) to read as
follows:

Sec.  742.6  Regional stability.

* * * * *
    (b) * * *
    (9) Russia or Belarus. Applications to export or reexport items
described in paragraph (a)(7) of this section will be reviewed pursuant
to the licensing policy set forth in Sec.  746.8(b) of the EAR, as well
as the foreign policy interest of promoting the observance of human
rights throughout the world and consistent with United States arms
embargo policies in Sec.  126.1 of the ITAR (22 CFR 126.1).
* * * * *

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

0
17. The authority citation for 15 CFR part 744 continues to read as
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 15, 2021, 86 FR 52069 (September 17, 2021); Notice of
November 10, 2021, 86 FR 62891 (November 12, 2021).

0
18. Section 744.6 is amended by revising paragraphs (b)(5) to read as
follows:

Sec.  744.6  Restrictions on specific activities of ``U.S. persons.''

* * * * *
    (b) * * *
    (5) A `military-intelligence end use' or a `military-intelligence
end user,' as defined in Sec.  744.22(f), in Belarus, Burma, Cambodia,
the People's Republic of China, Russia, or Venezuela; or a country
listed in Country Groups E:1 or E:2 (see supplement no. 1 to part 740
of the EAR).
* * * * *

0
19. Section 744.21 is revised to read as follows:

Sec.  744.21  Restrictions on certain `military end use' or `military
end user' in Belarus, Burma, Cambodia, the People's Republic of China,
the Russian Federation, or Venezuela.

    (a) General prohibition. In addition to the license requirements
for items specified on the Commerce Control List (CCL) (supplement no.
1 to this part), you may not export, reexport, or transfer (in-country)
any item subject to the EAR listed in supplement no. 2 to this part to
Burma, Cambodia, the People's Republic of China (China), or Venezuela,
or any item ``subject to the EAR,'' without a license if, at the time
of the export, reexport, or transfer (in-country), you have
``knowledge,'' as defined in Sec.  772.1 of the EAR, that the item is
intended, entirely or in part, for a `military end use,' as defined in
paragraph (f) of this section, or a `military end user,' as defined in
paragraph (g) of this section, in Belarus, Burma, Cambodia, China, the
Russian Federation, or Venezuela.
    (b) Additional prohibition on those informed by BIS. BIS may inform
you either individually by specific notice, through amendment to the
EAR published in the Federal Register, or through a separate
notification published in the Federal Register, that a license is
required for specific exports, reexports, or transfers (in-country) of
any item because there is an unacceptable risk of use in or diversion
to a `military end use' or `military end user' in Belarus, Burma,
Cambodia, China, the Russian Federation, or Venezuela. Specific notice
will be given only by, or at the direction of, the Deputy Assistant
Secretary for Export Administration. When such notice is provided
orally, it will be followed by written notice within two working days
signed by the Deputy Assistant Secretary for Export Administration or
the Deputy Assistant Secretary's designee. The absence of BIS
notification does not excuse the exporter from compliance with the
license requirements of paragraph (a) of this section.
    (1) `Military End-User' (MEU) List and Entity List. BIS may inform
and provide notice to the public that certain entities are subject to
the additional prohibition described under this paragraph (b) following
a determination by the End-User Review Committee (ERC) that a specific
entity is a `military end user' pursuant to this section and therefore
any exports, reexports, or transfers (in-country) to that entity
represent an unacceptable risk of use in or diversion to a `military
end use' or `military end user' in Belarus, Burma, Cambodia, China, the
Russian Federation or Venezuela. Such entities in Burma, Cambodia,
China, or Venezuela may be added to supplement no. 7 to this part--
`Military End-User' (MEU) List. Such entities in the Russian Federation
or Belarus may also be added to supplement No. 4 to this part--Entity
List. License requirements for listed MEU are described in paragraph
(b)(1)(ii) of this section. The listing of entities under supplement
no. 7 or 4 to this part is not an exhaustive listing of `military end
users' for purposes of this section. Exporters, reexporters, and
transferors are responsible for determining whether transactions with
entities not listed on supplement no. 7 or 4 to this part are subject
to a license requirement under paragraph (a) of this section. The
process in this paragraph (b)(1) for placing entities on the MEU List
and Entity List is only one method BIS may use to inform exporters,
reexporters, and transferors of license requirements under this
section.
    (i) End-User Review Committee (ERC). The End-User Review Committee
(ERC), composed of representatives of the Departments of Commerce
(Chair), State, Defense, Energy and, where appropriate, the Treasury,
makes all decisions regarding additions to, removals from, or other
modifications to the MEU List and Entity List. Decisions by the ERC for
purposes of the MEU List and Entity List will be made following the
procedures identified in this section and in supplement no. 5 to this
part--Procedures for End-User Review Committee Entity List and
`Military End User' (MEU) List Decisions.
    (ii) License requirement for parties to the transaction. Consistent
with paragraph (a) of this section, a license is

required for the export, reexport, or transfer (in-country) of any item
subject to the EAR listed in supplement no. 2 to this part when an
entity that is listed on the MEU List under Burma, Cambodia, the
People's Republic of China (China), or Venezuela is a party to the
transaction as described in Sec.  748.5(c) through (f) of the EAR.
Consistent with paragraph (a) of this section, a license is required
for the export, reexport, or transfer (in-country) of any item subject
to the EAR except for food or medicine designated as EAR99 to Russia or
to Belarus when an entity that is listed on the Entity List under
Russia or Belarus pursuant to this section is a party to the
transaction as described in Sec.  748.5(c) through (f) of the EAR.
    (2) Requests for removal from or modification of `Military End
User' (MEU) List and Entity List. Any entity listed on the MEU List or
Entity List pursuant to this section may request that its listing be
removed or modified. All such requests, including reasons therefor,
must be in writing and sent to: Chair, End-User Review Committee,
Bureau of Industry and Security, U.S. Department of Commerce, 14th
Street and Pennsylvania Avenue NW, Room 3886, Washington, DC 20230; or
by email at [email protected]. In order for an entity listed on the MEU
List or the Entity List pursuant to this section to petition BIS for
their removal or modification, as applicable, the entity must address
why the entity is not a `military end user' for purposes of this
section.
    (i) Review. The ERC will review such requests for removal or
modification in accordance with the procedures set forth in supplement
no. 5 to this part.
    (ii) BIS action. The Deputy Assistant Secretary for Export
Administration will convey the decision on the request to the requester
in writing. That decision will be the final agency action on the
request.
    (c) License exception. Despite the prohibitions described in
paragraphs (a) and (b) of this section, you may export, reexport, or
transfer (in-country) items subject to the EAR under the provisions of
License Exception GOV set forth in Sec.  740.11(b)(2)(i) and (ii) of
the EAR.
    (d) License application procedure. When submitting a license
application pursuant to this section, you must state in the
``additional information'' block of the application that ``this
application is submitted because of the license requirement in this
section (Restrictions on a `Military End Use' or `Military End User' in
Belarus, Burma, Cambodia, the People's Republic of China, the Russian
Federation, or Venezuela).'' In addition, either in the additional
information block of the application or in an attachment to the
application, you must include all known information concerning the
`military end use' and `military end user(s)' of the item(s). If you
submit an attachment with your license application, you must reference
the attachment in the ``additional information'' block of the
application.
    (e) License review standards. (1) Applications to export, reexport,
or transfer (in-country) items to or within Burma, Cambodia, the
People's Republic of China (China), or Venezuela described in paragraph
(a) of this section will be reviewed with a presumption of denial.
Applications to export, reexport, or transfer (in-country) items to or
within Russia or Belarus described in paragraph (a) of this section
will be reviewed with a policy of denial.
    (2) Applications may be reviewed under chemical and biological
weapons, nuclear nonproliferation, or missile technology review
policies, as set forth in Sec. Sec.  742.2(b)(4), 742.3(b)(4), and
742.5(b)(4) of the EAR, if the end use may involve certain
proliferation activities.
    (3) Applications for items requiring a license for any reason that
are destined to Belarus, Burma, Cambodia, China, the Russian
Federation, or Venezuela for a `military end use' or `military end
user' also will be subject to the review policy stated in paragraph
(e)(1) of this section.
    (f) Military end use. In this section, `military end use' means:
Incorporation into a military item described on the U.S. Munitions List
(USML) (22 CFR part 121, International Traffic in Arms Regulations);
incorporation into items classified under Export Control Classification
Numbers (ECCNs) ending in ``A018'' or under ``600 series'' ECCNs; or
any item that supports or contributes to the operation, installation,
maintenance, repair, overhaul, refurbishing, ``development,'' or
``production,'' of military items described on the USML, or items
classified under ECCNs ending in ``A018'' or under ``600 series''
ECCNs.
    (g) Military end user. In this section, the term `military end
user' means the national armed services (army, navy, marine, air force,
or coast guard), as well as the national guard and national police,
government intelligence or reconnaissance organizations (excluding
those described in Sec.  744.22(f)(2)), or any person or entity whose
actions or functions are intended to support `military end uses' as
defined in paragraph (f) of this section.
    (h) Effects on contracts. Transactions involving the export,
reexport, or transfer (in country) of items to or within Venezuela are
not subject to the provisions of this section if the contracts for such
transactions were signed prior to November 7, 2014.

0
20. Section 744.22 is amended by revising paragraphs (a), (b), and
(f)(2) introductory text and adding paragraph (f)(2)(x) to read as
follows:

Sec.  744.22  Restrictions on exports, reexports, and transfers (in-
country) to certain military-intelligence end uses or end users.

    (a) General prohibition. In addition to the license requirements
for items specified on the Commerce Control List (CCL) (supplement no.
1 to part 774 of the EAR), you may not export, reexport, or transfer
(in-country) any item subject to the EAR without a license from BIS if,
at the time of the export, reexport, or transfer (in-country), you have
``knowledge'' that the item is intended, entirely or in part, for a
'military-intelligence end use' or a 'military-intelligence end user'
in Belarus, Burma, Cambodia, the People's Republic of China (China),
Russia, or Venezuela; or a country listed in Country Groups E:1 or E:2
(see supplement no. 1 to part 740 of the EAR).
    (b) Additional prohibition on those informed by BIS. BIS may inform
you either individually by specific notice, through amendment to the
EAR published in the Federal Register, or through a separate
notification published in the Federal Register, that a license is
required for specific exports, reexports, or transfers (in-country) of
any item subject to the EAR because there is an unacceptable risk of
use in, or diversion to, a `military-intelligence end use' or a
`military-intelligence end user' in Belarus, Burma, Cambodia, China,
Russia, or Venezuela; or a country listed in Country Group E:1 or E:2
(see supplement no. 1 to part 740 of the EAR).
* * * * *
    (f) * * *
    (2) `Military-intelligence end user' means any intelligence or
reconnaissance organization of the armed services (army, navy, marine,
air force, or coast guard); or national guard. For license requirements
applicable to other government intelligence or reconnaissance
organizations in Belarus, Burma, Cambodia, China, Russia, or Venezuela,
see Sec.  744.21. Military-intelligence end users subject to the
license requirements set forth in this section include, but are not
limited to, the following:
* * * * *

    (x) Belarus. The Main Intelligence Directorate of the General Staff
of the Armed Forces of Belarus.

0
21. Supplement No. 4 to part 744 is amended as follows:
0
a. Under Belarus by adding in alphabetical order entries for ``JSC
Integral'' and ``The Ministry of Defence of the Republic of Belarus,
including the Armed Forces of Belarus''; and
0
b. Under RUSSIA by revising the entries for ``Argut OOO,''
``International Center for Quantum Optics and Quantum Technologies
LLC,'' ``JSC Central Research Institute of Machine Building (JSC
TsNIIMash),'' ``Kamensk-Uralsky Metallurgical Works J.S. Co.,''
``Oboronprom OJSC,'' ``Promtech-Dubna, JSC,'' ``Radiotechnical and
Information Systems (RTI) Concern,'' and ``SP Kvant''.
    The additions and revisions read as follows:

Supplement No. 4 to Part 744--Entity List

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                              License review    Federal Register
        Country                     Entity             License requirement        policy            citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
BELARUS................                                         * * * * * *
                         JSC Integral, a.k.a., the     All items subject    Policy of denial.  87 FR [INSERT FR
                          following two aliases:        to the EAR except    See Sec.  Sec.     PAGE NUMBER] 3/8/
                         --OAO Integral; and            for food or          746.8(b) and       2022.
                         --Joint-Stock Company          medicine             744.21(e).
                          Integral                      designated as
                         --Holding Managing Company.    EAR99, or ECCN
                         121A, Kazintsa I.P. Str.,      5A992.c and
                          Minsk, 220108, Belarus; and   5D992.c unless for
                         12 Korzhenevskogo Str.,        Belarusian
                          Minsk, 220108, Belarus; and   ``government end
                         137 Brestskaya Str., Pinsk,    users'' and
                          Brest region, 225710,         Belarusian state-
                          Belarus.                      owned enterprises
                                                        (SoEs) to Belarus.
                                                        (See Sec.  Sec.
                                                        734.9(g),\3\
                                                        746.8(a)(3), and
                                                        744.21(b) of the
                                                        EAR) This license
                                                        requirement may be
                                                        overcome by
                                                        License Exception
                                                        GOV under Sec.
                                                        740.11(b)(2) and
                                                        (e).
                                                                * * * * * *
                         The Ministry of Defence of    All items subject    Policy of denial.  87 FR [INSERT FR
                          the Republic of Belarus,      to the EAR except    See Sec.  Sec.     PAGE NUMBER] 3/8/
                          including the Armed Forces    for food or          746.8(b) and       2022.
                          of Belarus and all            medicine             744.21(e).
                          operating units wherever      designated as
                          located. This includes the    EAR99. (See Sec.
                          national armed services       Sec.
                          (army and air force), as      734.9(g),\3\
                          well as the national guard    746.8(a)(3), and
                          and national police,          744.21(b) of the
                          government intelligence or    EAR).
                          reconnaissance
                          organizations of the
                          Republic of Belarus. All
                          addresses located in
                          Belarus.
                                                                * * * * * *
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
RUSSIA.................                                         * * * * * *
                         Argut OOO, 6 Mnevniki str     All items subject    Policy of denial.  87 FR [INSERT FR
                          end 6 fl, Moscow 123308,      to the EAR except    See Sec.  Sec.     PAGE NUMBER FROM
                          Russia.                       for food or          746.8(b) and       FR 2022-04300,
                                                        medicine             744.21(e).         SCHEDULED TO
                                                        designated as                           PUBLISH 3/3/
                                                        EAR99. (See Sec.                        2022], 3/3/22.
                                                        Sec.                                   87 FR [INSERT FR
                                                        734.9(g),\3\                            PAGE NUMBER] 3/8/
                                                        746.8(a)(3), and                        2022.
                                                        744.21(b) of the
                                                        EAR).
                                                                * * * * * *
                         International Center for      All items subject    Policy of denial.  87 FR [INSERT FR
                          Quantum Optics and Quantum    to the EAR except    See Sec.  Sec.     PAGE NUMBER FROM
                          Technologies LLC, a.k.a.      for food or          746.8(b) and       FR 2022-04300,
                          the following two aliases:    medicine             744.21(e).         SCHEDULED TO
                         --Russian Quantum Center and   designated as                           PUBLISH 3/3/
                         --RQC.                         EAR99. (See Sec.                        2022], 3/3/22.
                         Business-center ``Ural,''      Sec.                                   87 FR [INSERT FR
                          100 Novaya Street,            734.9(g),\3\                            PAGE NUMBER] 3/8/
                          Skolkovo, Moscow, 143025,     746.8(a)(3), and                        2022.
                          Russia; and 30 Bolshoy        744.21(b) of the
                          Blvd, Bldg 1, Moscow,         EAR).
                          121205, Russia; and 100A
                          Novaya Street, Skolkovo,
                          Odintsovsky District,
                          Moscow, 143025, Russia.
                                                                * * * * * *
                         JSC Central Research          All items subject    Policy of denial.  87 FR [INSERT FR
                          Institute of Machine          to the EAR except    See Sec.  Sec.     PAGE NUMBER FROM
                          Building (JSC TsNIIMash),     for food or          746.8(b) and       FR 2022-04300,
                          Pionerskaya Street, 4,        medicine             744.21(e).         SCHEDULED TO
                          korpus 22, Moskovskaya        designated as                           PUBLISH 3/3/
                          obl., Korolov 141070,         EAR99. (See Sec.                        2022], 3/3/22.
                          Russia.                       Sec.                                   87 FR [INSERT FR
                                                        734.9(g),\3\                            PAGE NUMBER] 3/8/
                                                        746.8(a)(3), and                        2022.
                                                        744.21(b) of the
                                                        EAR).
                                                                * * * * * *
                         Kamensk-Uralsky               All items subject    Policy of denial.  87 FR [INSERT FR
                          Metallurgical Works J.S.      to the EAR except    See Sec.  Sec.     PAGE NUMBER FROM
                          Co., 5 Zavodskaya St.,        for food or          746.8(b) and       FR 2022-04300,
                          Kamensk Uralsky, 623405       medicine             744.21(e).         SCHEDULED TO
                          Sverdlovsk region, Russia.    designated as                           PUBLISH 3/3/
                                                        EAR99. (See Sec.                        2022], 3/3/22.
                                                        Sec.                                   87 FR [INSERT FR
                                                        734.9(g),\3\                            PAGE NUMBER] 3/8/
                                                        746.8(a)(3), and                        2022.
                                                        744.21(b) of the
                                                        EAR).
                                                                * * * * * *

                         Oboronprom OJSC, 29/141       All items subject    Policy of denial.  87 FR [INSERT FR
                          Vereiskaya Street, Moscow,    to the EAR except    See Sec.  Sec.     PAGE NUMBER FROM
                          121357 Russia.                for food or          746.8(b) and       FR 2022-04300,
                                                        medicine             744.21(e).         SCHEDULED TO
                                                        designated as                           PUBLISH 3/3/
                                                        EAR99. (See Sec.                        2022], 3/3/22.
                                                        Sec.                                   87 FR [INSERT FR
                                                        734.9(g),\3\                            PAGE NUMBER] 3/8/
                                                        746.8(a)(3), and                        2022.
                                                        744.21(b) of the
                                                        EAR).
                                                                * * * * * *
                         Promtech-Dubna, JSC,          All items subject    Policy of denial.  87 FR [INSERT FR
                          Programmistov st., 4, room    to the EAR except    See Sec.  Sec.     PAGE NUMBER FROM
                          364, Dubna, Moscow 141983,    for food or          746.8(b) and       FR 2022-04300,
                          Russia.                       medicine             744.21(e).         SCHEDULED TO
                                                        designated as                           PUBLISH 3/3/
                                                        EAR99. (See Sec.                        2022], 3/3/22.
                                                        Sec.                                   87 FR [INSERT FR
                                                        734.9(g),\3\                            PAGE NUMBER] 3/8/
                                                        746.8(a)(3), and                        2022.
                                                        744.21(b) of the
                                                        EAR).
                                                                * * * * * *
                         Radiotechnical and            All items subject    Policy of denial.  87 FR [INSERT FR
                          Information Systems (RTI)     to the EAR except    See Sec.  Sec.     PAGE NUMBER FROM
                          Concern, 127083, Moscow, 8    for food or          746.8(b) and       FR 2022-04300,
                          marta, 10/1 Russia.           medicine             744.21(e).         SCHEDULED TO
                                                        designated as                           PUBLISH 3/3/
                                                        EAR99. (See Sec.                        2022], 3/3/22.
                                                        Sec.                                   87 FR [INSERT FR
                                                        734.9(g),\3\                            PAGE NUMBER] 3/8/
                                                        746.8(a)(3), and                        2022.
                                                        744.21(b) of the
                                                        EAR).
                                                                * * * * * *
                         SP Kvant, a.k.a., the follow  All items subject    Policy of denial.  87 FR [INSERT FR
                          three aliases:                to the EAR except    See Sec.  Sec.     PAGE NUMBER FROM
                         --Kvant LLC;                   for food or          746.8(b) and       FR 2022-04300,
                         --Limited Liability Company    medicine             744.21(e).         SCHEDULED TO
                          Joint Venture Quantum         designated as                           PUBLISH 3/3/
                          Technologies; and             EAR99. (See Sec.                        2022], 3/3/22.
                         --Joint Venture Quantum.       Sec.                                   87 FR [INSERT FR
                                                        734.9(g),\3\                            PAGE NUMBER] 3/8/
                                                        746.8(a)(3), and                        2022.
                                                        744.21(b) of the
                                                        EAR).
                         D. 46, Etazh 6, pom. 600K,
                          Shosse Varshavskoe, Moscow,
                          115230, Russia.
                                                                * * * * * *

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * * *
\3\ For this entity, ``items subject to the EAR'' includes foreign-produced items that are subject to the EAR
  under Sec.   734.9(g) of the EAR. See Sec.  Sec.   746.8 and 744.21 of the EAR for related license
  requirements, license review policy, and restrictions on license exceptions.

PART 746--EMBARGOES AND OTHER SPECIAL CONTROLS

0
22. The authority citation for 15 CFR part 746 is continues to read as
follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117
Stat. 559; 22 U.S.C. 2151 note; 22 U.S.C. 6004; 22 U.S.C. 7201 et
seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3
CFR, 2004 Comp., p 168; Presidential Determination 2003-23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Presidential Determination 2007-7,
72 FR 1899, 3 CFR, 2006 Comp., p. 325; Notice of May 6, 2021, 86 FR
26793 (May 10, 2021).

0
23. Section 746.8 is revised to read as follows:

Sec.  746.8   Sanctions against Russia and Belarus.

    (a) License requirements. For purposes of paragraphs (a)(1) and (2)
of this section, commodities and software classified under ECCNs 5A992
or 5D992 that have been `classified in accordance with Sec.  740.17' do
not require a license to or within Russia or Belarus for civil end-
users that are wholly-owned U.S. subsidiaries, foreign subsidiaries of
U.S. companies that are joint ventures with other U.S. companies, joint
ventures of U.S. companies with companies headquartered in countries
from Country Group A:5 and A:6 in supplement no. 1 to part 740 of the
EAR countries, the wholly-owned subsidiaries of companies headquartered
in countries from Country Group A:5 and A:6 in supplement no. 1 to part
740, or joint ventures of companies headquartered in Country Group A:5
and A:6 with other companies headquartered in Country Groups A:5 and
A:6.
    (1) Items classified in any ECCN in CCL Categories 3 to 9. In
addition to license requirements specified on the Commerce Control List
(CCL) in Supplement No. 1 to part 774 of the EAR and in other
provisions of the EAR, including part 744 and Sec.  746.5, a license is
required, excluding deemed exports and deemed reexports, to export,
reexport, or transfer (in-country) to or within Russia or Belarus any
item subject to the EAR and specified in any Export Control
Classification Number (ECCN) in Categories 3, 4, 5, 6, 7, 8, or 9 of
the CCL.
    (2) Foreign-produced ``direct product'' items subject to the EAR
under Russia/Belarus foreign ``direct product'' (FDP) rule. Except as
described in paragraph (a)(4) of this section, a license is required to
reexport, export from abroad, or transfer (in-country) to any
destination any foreign-produced item subject to the EAR under the
Russia/Belarus FDP rule described in Sec.  734.9(f) of the EAR.
    (3) Foreign-produced ``direct product'' items subject to the EAR
under Russia/Belarus-Military End User FDP rule. Except as described in
paragraph (a)(4) of this section, a license is required to reexport,
export from abroad, or transfer (in-country) to or within any
destination any foreign-produced item subject to the EAR under Sec.
734.9(g) of the EAR other than food or medicine designated as EAR99.
    (4) Exclusion from license requirements under paragraphs (a)(2) and
(3) of this section. The countries listed in supplement No. 3 to this
part have committed to implementing substantially similar export
controls on Russia and Belarus under their domestic laws. Therefore,
exports or reexports from the countries described in this supplement
No. 3 to this part or transfers (in-country) within the countries
described in this supplement are not subject to the license
requirements described in paragraphs (a)(2) and (3) of this section,
unless a limit to the exclusion is described in the Scope column in
supplement no. 3 to this part.
    (5) Exclusion from scope of U.S.-origin controlled content under
paragraph (a)(1) of this section. For purposes of determining U.S.-
origin controlled content under supplement

No. 2 to part 734 of the EAR, paragraph (a)(1) of this section when
making a de minimis calculation for reexports and exports from abroad
to Russia or Belarus, the license requirements in paragraph (a)(1) of
this section are not used to determine controlled U.S.-origin content
in a foreign-made item, provided the criteria in paragraphs (a)(5)(i)
and (ii) of this section are met:
    (i) The U.S.-origin content is described in an Anti-Terrorism (AT)-
only ECCN and is not otherwise excluded from the applicable Scope
column in supplement No. 3 to this part. For purposes of this paragraph
(a)(5), AT-only items mean any ECCN that only specifies either only AT
in the reason for control paragraph of the ECCN or is classified under
ECCN 9A991; and
    (ii) The foreign made item will be reexported or exported from
abroad from a country described in supplement no. 3 to this part.

    Note 1 to paragraph (a). A `military end user' for purposes of
paragraphs (a)(3) and (4) of this section is any entity listed on
the Entity List in supplement no. 4 to part 744 of the EAR with a
footnote 3 designation.

    (b) Licensing policy. With limited exceptions, applications for the
export, reexport, or transfer (in-country) of any item that requires a
license for export or reexport to or transfer pursuant to the
requirements of this section will be reviewed with a policy of denial.
The following types of license applications for licenses required under
paragraphs (a)(1) and (2) of this section will be reviewed on a case-
by-case basis to determine whether the transaction in question would
benefit the Russian or Belarusian government or defense sector:
applications related to safety of flight; applications related to
maritime safety; applications for civil nuclear safety; applications to
meet humanitarian needs; applications that support government space
cooperation; applications for items destined to wholly-owned U.S.
subsidiaries, foreign subsidiaries of U.S. companies that are joint
ventures with other U.S. companies, joint ventures of U.S. companies
with companies headquartered in countries from Country Group A:5 and
A:6 in supplement no. 1 to part 740 of the EAR, the wholly-owned
subsidiaries of companies headquartered in countries from Country Group
A:5 and A:6 in supplement no. 1 to part 740, joint ventures of
companies headquartered in Country Groups A:5 and A:6 with other
companies headquartered in Country Groups A:5 and A:6; applications for
companies headquartered in Country Groups A:5 and A:6 to support civil
telecommunications infrastructure; and government-to-government
activities. License applications required under paragraph (a)(3) of
this section will be reviewed under a policy of denial in all cases.
    (c) License exceptions. No license exceptions may overcome the
license requirements in paragraph (a)(3) of this section, except as
specified in the Entity List entry for a Footnote 3 entity on the
Entity List in supplement no. 4 to part 744 of the EAR. No license
exceptions may overcome the license requirements in paragraphs (a)(1)
and (2) of this section except the following license exceptions
identified in paragraphs (c)(1) through (7) of this section.
    (1) License Exception TMP for items for use by the news media as
set forth in Sec.  740.9(a)(9) of the EAR.
    (2) License Exception GOV (Sec.  740.11(b) of the EAR).
    (3) License Exception TSU for software updates for civil end-users
that are wholly-owned U.S. subsidiaries, foreign subsidiaries of U.S.
companies that are joint ventures with other U.S. companies, joint
ventures of U.S. companies with companies headquartered in countries
from Country Group A:5 and A:6 in supplement no. 1 to part 740 of the
EAR countries, the wholly-owned subsidiaries of companies headquartered
in countries from Country Group A:5 and A:6 in supplement no. 1 to part
740, or joint ventures of companies headquartered in Country Group A:5
and A:6 with other companies headquartered in Country Groups A:5 and
A:6 (Sec.  740.13(c) of the EAR).
    (4) License Exception BAG, excluding firearms and ammunition (Sec.
740.14, excluding paragraph (e), of the EAR).
    (5) License Exception AVS, excluding any aircraft registered in,
owned, or controlled by, or under charter or lease by Russia or a
national of Russia (Sec.  740.15(a) and (b) of the EAR).
    (6) License Exception ENC for civil end-users that are wholly-owned
U.S. subsidiaries, foreign subsidiaries of U.S. companies that are
joint ventures with other U.S. companies, joint ventures of U.S.
companies with companies headquartered in countries from Country Group
A:5 and A:6 in supplement no. 1 to part 740 of the EAR countries, the
wholly-owned subsidiaries of companies headquartered in countries from
Country Group A:5 and A:6 in supplement no. 1 to part 740, or joint
ventures of companies headquartered in Country Group A:5 and A:6 with
other companies headquartered in Country Groups A:5 and A:6 (Sec.
740.13(c) of the EAR) (Sec.  740.17 of the EAR).
    (7) License Exception CCD (Sec.  740.19 of the EAR).

0
24. Supplement No. 3 to part 746 is amended by revising the first
sentence of the introductory text to read as follows:

Supplement No. 3 to Part 746--Countries Excluded from Certain License
Requirements of Sec.  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 Sec.  746.8 of the EAR, as described in
Sec.  746.8(a)(4) and (5). * * *
* * * * *

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2022-04819 Filed 3-2-22; 5:05 pm]
BILLING CODE 3510-33-P