[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Rules and Regulations]
[Pages 55241-55267]
[FR Doc No: 2022-19415]

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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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under 50 titles pursuant to 44 U.S.C. 1510.

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Federal Register / Vol. 87, No. 174 / Friday, September 9, 2022 /
Rules and Regulations

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 744 and 772

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI06

Authorization of Certain ``Items'' to Entities on the Entity List
in the Context of Specific Standards Activities

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Interim final rule with request for comments.

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SUMMARY: In this interim final rule, the Bureau of Industry and
Security (BIS) amends the Export Administration Regulations (EAR) to
authorize the release of specified items subject to the EAR without a
license when that release occurs in the context of a ``standards-
related activity,'' as defined in this rule. BIS is revising the terms
used in the EAR to describe the actions permissible under the
authorization rather than defining the organizations to which it
applies. The scope of the authorization is revised to include certain
``technology'' as well as ``software'' and applies to all entities
listed on BIS's Entity List. The uncertainty of not knowing whether
other entities listed on the Entity List are participants in standards
organizations and whether a BIS license is required to release low-
level technology for legitimate standards activities has caused U.S.
companies to limit their participation in standards-related activities
in areas that are critical to U.S. national security. This
authorization only overcomes licensing requirements imposed as a result
of an entity's inclusion on the Entity List; other EAR licensing
requirements, including additional end-use or end-user based licensing
requirements may continue to apply. This final rule does not change the
assessment of whether ``technology'' or ``software'' is subject to the
EAR. BIS is making these revisions to ensure that export controls and
associated compliance concerns as they relate to the Entity List do not
impede the leadership and participation of U.S. companies in national
and international standards-related activities

DATES:
    Effective date: This rule is effective September 9, 2022.
    Comment date: Comments must be received by BIS no later than
November 8, 2022.

ADDRESSES: You may submit comments, identified by docket number BIS-
2020-0017 or RIN 0694-AI06, through the Federal eRulemaking Portal:
http://www.regulations.gov. Follow the instructions for submitting
comments. You can find this interim final rule by searching for its
regulations.gov docket number, which is BIS-2020-0017.
    All filers using the portal should use the name of the person or
entity submitting comments as the name of their files, in accordance
with the instructions below. Anyone submitting business confidential
information should clearly identify the business confidential portion
at the time of submission, file a statement justifying nondisclosure
and referring to the specific legal authority claimed, and also provide
a non-confidential version of the submission.
    For comments submitted electronically containing business
confidential information, the file name of the business confidential
version should begin with the characters ``BC.'' Any page containing
business confidential information must be clearly marked ``BUSINESS
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked
``PUBLIC.'' The file name of the non-confidential version should begin
with the character ``P.'' The ``BC'' and ``P'' should be followed by
the name of the person or entity submitting the comments. Any
submissions with file names that do not begin with a ``BC'' or ``P''
will be assumed to be public and will be made publicly available
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Susan Kramer, Regulatory Policy
Division, Bureau of Industry and Security, Department of Commerce.
Phone:<PHONE_NUMBER>; Email: [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

1. Entity List Actions and the Temporary General License

    Effective May 16, 2019, the Bureau of Industry and Security (BIS)
added Huawei Technologies Co., Ltd. (Huawei) and sixty-eight of its
non-U.S. affiliates to the Entity List (see 84 FR 22961 (May 21,
2019)). The Entity List (supplement no. 4 to part 744 of the Export
Administration Regulations (EAR) (15 CFR parts 730-774)) identifies
entities for which there is reasonable cause to believe, based on
specific and articulable facts, that the entities have been involved,
are involved, or pose a significant risk of being or becoming involved
in activities contrary to the national security or foreign policy
interests of the United States. The EAR impose additional license
requirements on, and limit the availability of most license exceptions
for, exports, reexports, and transfers (in-country) to entities on the
Entity List. The license review policy for each listed entity is
identified in the ``License review policy'' column on the Entity List,
and the availability of license exceptions is described in the relevant
Federal Register notice adding the entity to the Entity List. BIS
places entities on the Entity List pursuant to part 744 (Control
Policy: End-User and End-Use Based) and part 746 (Embargoes and Other
Special Controls) of the EAR.
    The addition of Huawei and its non-U.S. affiliates to the Entity
List imposed a licensing requirement under the EAR regarding the
export, reexport, and transfer (in-country) of most items subject to
the EAR to the listed Huawei entities. On May 22, 2019 (84 FR 23468),
BIS published a Temporary General License (TGL) which temporarily
authorized engagement in certain transactions of items subject to the
EAR with Huawei and its listed non-U.S. affiliates, including (but not
limited to) engagement as necessary for development of 5G standards by
a duly recognized standards body. Effective August 19, 2019 (84 FR
43493 (August 21, 2019)), an additional 46 non-U.S. affiliates of
Huawei were placed on the Entity List with the same licensing
requirements and TGL eligibility as Huawei and the initial sixty-eight
non-

U.S. affiliates. The TGL was also extended and amended (see 84 FR 43487
(August 21, 2019)) to remove the provision addressing engagement as
necessary for development of 5G standards by a duly recognized
standards body, on the basis of the BIS determination that existing
provisions of the EAR sufficed for such engagement. In parallel with
the publication of the August 21, 2019 rule, BIS posted a General
Advisory Opinion on the BIS website, later rescinded and removed, that
addressed the applicability of Sec.  734.7 of the EAR (Published) (15
CFR 734.7) to certain types of releases to Huawei and its listed
affiliates. TGL eligibility was subsequently continued through a series
of extensions (see 84 FR 64018 (November 20, 2019), 85 FR 8722
(February 18, 2020), 85 FR 14416 (March 12, 2020) and 85 FR 29610 (May
18, 2020)). BIS allowed the TGL to expire on August 13, 2020, at which
point the TGL was replaced with a more limited authorization to better
protect U.S. national security and foreign policy interests, as
implemented in a final rule effective August 17, 2020 (85 FR 51596,
(August 20, 2020)). The August 17, 2020 rule also added thirty-eight
additional non-U.S. affiliates of Huawei to the Entity List and revised
General Prohibition Three (found in part 736 of the EAR).

2. Authorization for Release of Technology in the Context of Standards
Organizations in the June 18, 2020 IFR

    In response to the addition of Huawei and its non-U.S. affiliates
to the Entity List, and the related amendments, BIS received questions
regarding the applicability of the EAR in the context of standards
setting or development. On June 18, 2020 (85 FR 36719), BIS published
an interim final rule, Release of ``Technology'' to Certain Entities on
the Entity List in the Context of Standards Organizations (the June
18th IFR) with a request for comment, to clarify and amend the scope of
license requirements imposed by the Entity List listing specific to
exchanges of certain EAR-controlled technology in a standards
organization environment for Huawei and its specified affiliates.
    The June 18th IFR removed certain license requirements imposed by
the original Entity List listings by revising the Entity List to
authorize certain releases of ``technology'' without a license within
the context of contributing to the revision or development of a
standard in a standards organization. As a result of these revisions,
``technology'' subject to the EAR and designated as EAR99 or controlled
on the Commerce Control List (CCL) only for anti-terrorism (AT) reasons
could be released to members of a standards organization, including
Huawei, without a license, if released for the purpose of contributing
to the revision or development of a standard. To effectuate this
change, BIS modified the Entity List entries for Huawei and its listed
non-U.S. affiliates by revising the text in the Licensing Requirement
column for these entries to authorize the release of certain technology
to Huawei and its affiliates on the Entity List without a license if
such release is made for the purpose of contributing to the revision or
development of a ``standard'' in a ``standards organization.'' The June
18th IFR also added definitions of ``standard'' and ``standards
organization'' to Sec.  772.1 of the EAR (Definitions). These
definitions were derived from Office of Management and Budget (OMB)
Circular A-119: Federal Participation in the Development and Use of
Voluntary Consensus Standards and in Conformity Assessment Activities
(81 FR 4673 (January 27, 2016)), available at https://www.nist.gov/system/files/revised_circular_a-119_as_of_01-22-2016.pdf.

3. Summary of Public Comments Received Regarding the June 18th IFR

    The public comment period for the June 18th IFR regarding the
release of technology to certain entities on the Entity List in the
context of standards organizations closed on August 17, 2020. In
response to the request for comments on the impact of the changes
promulgated in the June 18th IFR, BIS received 22 relevant comments:
one by an individual, three by companies, and 18 by associations and
industry organizations, including several standards organizations. All
commenters were generally supportive of the changes implemented in the
June 18th IFR. Several commenters acknowledged that the June 18th IFR
was intended, in part, to address the confusion created by the 5G
exception from the TGL and noted that the changes in the June 18th IFR
went beyond the 5G exception. However, the majority of the commenters
advised that the June 18th IFR did not resolve the uncertainty of U.S.
industry regarding participating in standards organizations that
include Entity Listed entities; limiting the scope of the standards
exemption to only Huawei and its non-U.S. affiliates and not to other
listed entities has created an environment of uncertainty for industry
and companies. They noted that additional actions were needed to
maintain and ``restore the ability of U.S.-based standards
organizations to develop international standards and of these U.S.
organizations and their U.S. members to participate fully in
international standards development.''
    BIS agrees with the commenters that additional actions are needed
to protect U.S. technological leadership without discouraging, and
indeed supporting and promoting, the full participation of U.S. actors
in international standards development efforts. The national security
threat that results from ceding U.S. participation and leadership in
standards development and promulgation outweighs the risks related to
the limited release of certain low-level technology and software to
parties on the Entity List in the context of a ``standards-related
activity.'' Participation in standards-related activities is imperative
in allowing the United States to continue to participate and lead in
global standards settings environments. BIS is making the following
revisions to ensure that export controls and associated compliance
concerns as they relate to the Entity List do not impede the leadership
and participation of U.S. companies in standard activities. Any
impediment to U.S. influence in standards development forums is a
national security threat to the United States because not only does it
limit U.S. leadership in standards development, but other countries are
already racing to fill this vacuum with their own leadership and
standards. In many cases, this ceding of U.S. leadership not only
undermines democratic values and U.S. national security and foreign
policy interests, but it also contributes to a potential future global
standards environment that actually works to oppose U.S. interests.

B. Changes to Licensing Requirements in the Context of Specific
Standards Activities

    After review of the public comments from the June 18th IFR,
consultation with the interagency, and in consideration of the U.S.
national security and foreign policy interests at stake, this final
rule amends the EAR to revise the standards authorization by:

    (1) Clarifying the scope and application of standards activities
covered by the authorization;
    (2) Including EAR99 and AT-only controlled ``software'' in the
scope of the authorization;
    (3) Authorizing the release of specified ``software'' and
``technology'' when specifically for the ``development,''
``production,'' and ``use'' of cryptographic functionality; and
    (4) Applying the scope of the authorization to all entities
listed on the Entity List.

To implement these changes, this interim final rule revises parts 744
and 772 of the EAR. Note that even when a license requirement does not
apply, items that are ``subject to the EAR'' are still subject to
recordkeeping and other applicable EAR requirements (see, e.g., Sec.
762.1 of the EAR).
    As set forth in Sec.  744.11, the scope of the standards
authorization is tied to the ``release'' of certain ``technology'' or
``software'' when such a release is for a ``standards-related
activity,'' as defined in Sec.  772.1 of the EAR, and where there is an
intent for the resulting standard to be ``published,'' as defined in
Sec.  734.7 of the EAR. A ``standards-related activity'' includes
activities required for the development, adoption or application of a
standard, where there is an intent to publish the resulting standard.
In order to qualify for the standards authorization, the following must
be true:
    (1) The technology or software must be designated as EAR99;
controlled for AT reasons only on the CCL; or specifically for the
``development,'' ``production,'' and ``use'' of cryptographic
functionality;
    (2) The ``release'' of technology or software must be made in the
context of a ``standards-related activity;'' and
    (3) There must be intent to ``publish'' the resulting standard.

If there is no intent to publish the resulting standard, then even if
the software or technology is designated EAR99, controlled for AT
reasons only, or specifically for the ``development,'' ``production,''
and ``use'' of cryptographic functionality, a license would be required
for the release of that technology or software to an entity on the
Entity List (if required by the License requirement column for the
entity on the Entity List).
    As described in Note 1 to the definition of ``technology,''
``technology'' may be `in any tangible or intangible form, such as
written or oral communication.' Release of technology subject to the
EAR outside of the ``standards-related activity'' would continue to
require a license. Similarly, one-on-one (individual to individual)
discussions that are not related to a ``standards-related activity''
would not be included in the scope of the authorization and a license
would be required for such a release.
    This authorization only overcomes the license requirement imposed
as a result of an entity's listing on the Entity List. If you determine
that other EAR licensing requirement apply, including any of the other
end-use or end-user-based licensing requirements in part 744 of the
EAR, you must comply with the terms of those licensing requirements

1. Changes to Part 744 Control Policy: End-User and End-Use Based

    In this interim final rule, BIS is revising Sec. Sec.  744.11
(License Requirements That Apply To Entities Acting Contrary To The
National Security Or Foreign Policy Interests Of The United States) and
744.16 (Entity List), as well as supplement no. 4 to Part 744. The
language regarding standards activities is added, as described below,
to Sec. Sec.  744.11 and 744.16 of the EAR. Additionally, BIS is
removing the existing standards exception language from the ``Licensing
Requirement'' column of the Entity List for all entries where it
currently is stated and adding revised language to the introductory
paragraph of supplement no. 4 to Part 744 as it now applies to all
entities on the Entity List.
    BIS is revising paragraph (a) in Sec.  744.11 to specify that a
license would not be required for certain ``software'' or
``technology,'' when released in the context of a ``standards-related
activity.''
    In addition, BIS is revising paragraph (a) in Sec.  744.16 by
adding a sentence in the first paragraph to refer to the standards
related authorization in Sec.  744.11(a)(1). While three commenters
suggested BIS amend Sec.  744.16 of the EAR to state that the license
requirement does not apply to standards development activity or
standards-related activity, the same commenters also mentioned that
``amending the [existing] individual Entity List entries would result
in an extremely confusing structure for members of standards
organizations to have to sort through to determine compliance.'' BIS
agrees that there is potential for confusion and compliance issues if
all existing entries on the Entity List were modified. BIS also
recognizes that many companies and individuals refer to the
Consolidated Screening List when screening the parties to their
transaction. The majority of existing entries on the Entity List
reference Sec.  744.11, and none reference Sec.  744.16; therefore, to
limit confusion, BIS is adding a reference to Sec.  744.11(a)(1) in
Sec.  744.16(a).
    Similarly, BIS is adding a cross reference to Sec.  744.11 in the
introductory paragraph of supplement no. 4 to Part 744. Additionally,
BIS is modifying the text in the Licensing Requirement column for all
of the entries of Huawei and its listed non-U.S. affiliates to remove
the standards language and instead reference specific sections in Parts
736 and 744.

2. Changes to Part 772 Definitions of Terms

    This interim final rule adds a definition for ``standards-related
activity'' to Sec.  772.1 of the EAR (Definitions) and removes the
definitions for ``standards'' and ``standards organizations.''
    For purposes of the EAR, BIS is defining a ``standards-related
activity'' to include the development, adoption or application of any
standard, with the intent that the resulting standard will be
``published'' (as described in Sec.  734.7). A standards-related
activity would include an action taken for the purpose of developing,
promulgating, revising, amending, reissuing, interpreting, implementing
or otherwise maintaining or applying such a standard. For purposes of
the EAR, a standard would be any document or other writing that
provides, for common and repeated use, rules, guidelines, technical or
other characteristics for products or related processes and production
methods, with which compliance is not mandatory. As stated in the
definition, there must be intent to publish the resulting standard.

C. Request for Additional Public Comments for This Interim Final Rule

    BIS is requesting comment on the revisions promulgated in this
interim final rule. Instructions for submission of comments, including
comments that contain business confidential information, are found in
the ADDRESSES section of this interim final rule. In particular, BIS
seeks comments in the following areas:
    Industries involved in standards development: BIS is requesting
comments and additional information on whether the current scope of
this authorization is adequate for the United States to retain its
participation and lead in other areas that are important to the United
States Government and industry, such as energy, artificial intelligence
(AI), biotech, aerospace, and transportation. Does the current scope of
the authorization hinder U.S. participation and leadership in standards
development in industries where there is or may be participation by
listed entities? Interested parties should provide specific examples of
industries and commercial sectors which are or would be adversely
affected by the current scope of the standards authorization as stated
in this final rule.
    Impact of other end use/end user controls: BIS is requesting
comment on whether there are other provisions of the EAR that may
negatively impact U.S. national security by limiting

leadership and participation in standards-related activities, such as
licensing requirements for other end use or end user-based controls
listed in part 744 of the EAR. Commenters are asked to provide specific
examples of how U.S. participation and/or leadership has (or will be)
impacted by the limited application of this authorization to the
license requirements in Sec.  744.11.
    Compliance burden: BIS is requesting comment from interested
parties on industries and commercial sectors that are actively involved
in standards development, including information on how they are
affected by compliance burdens resulting from the changes promulgated
in this and the previous rule.
    International participation and scope of standards-related
activities: BIS is requesting comment on whether the definition of
``standards-related activities'' promulgated in this interim final rule
allows for full and open participation by U.S. companies in the
development of standards. Are there aspects of the definition that
should be better-defined or excluded?

D. Response to Comments Received Regarding the June 18th Standards
Interim Final Rule

    The summary and response to the comments BIS received from the June
18th IFR has been separated and discussed as the following two
sections: (1) Policy Considerations and (2) Requests for expansion and
clarification of scope and definitions.

1. Policy Considerations

    As BIS acknowledged in the June 18th IFR, international standards
serve as the building blocks for product development and help ensure
the functionality, interoperability, and safety of products, both
domestically and internationally. Many commenters stated that it is
essential to U.S. technological leadership that U.S. companies are able
to work with foreign companies and participate fully in standards
development organizations. Many also noted that it is a national
security concern when U.S. standards proposals are limited by non-
participation of U.S. companies in standards development activities.
U.S. regulations must ensure that U.S. standards proposals are given
full consideration for adoption by the international standards
community.
    One commenter noted, and BIS agrees, that ``enabling U.S.-based
standards organizations to lead global collaboration and dialogue
ultimately benefits U.S. industry and consumers.'' As another commenter
mentioned, the issue addressed in the Entity List additions is a
serious one: ``technology transfers to entities involved in activities
that may be contrary to U.S. national security interests. However, they
also noted that ``by their very nature, open global standards
organizations are engaged in activities that enable U.S. economic
growth and do not involve technology transfers contrary to U.S.
national security interests.''
a. U.S. Government Priorities and Unilateral Action
    Three commenters referenced Executive Order 13859, Maintaining
American Leadership in Artificial Intelligence (84 FR 3967 (Feb. 14,
2019)), the National Strategy for Secure 5G, and the Secure 5G and
Beyond Act of 2020 (Pub. L. 116-129, 134 Stat. 223-227). As one
commenter stated, ``Active participation in global standards forums . .
. directly aligns with the stated policy objectives of the U.S.
government'' but that ``[t]he goals of these policies cannot be
achieved if U.S. companies are limited and constrained in their ability
to participate in and lead standards development activities.'' Another
commenter stated that the restrictions imposed by regulations that
limit U.S. participation in standards development activities run
counter to the purpose of the U.S. policies and legislation and are at
odds with the Department of Commerce's commitment to ``fully engage and
advocate for U.S. technologies to become international standards.'' BIS
does not agree and notes that the U.S. Government recognizes the
importance of protecting sensitive and leading-edge U.S. technology
while ensuring that export controls do not unnecessarily limit U.S.
participation or hinder U.S. leadership in international standards
setting activities.
    One commenter noted that a single country imposing unilateral
requirements on global standard settings organizations sets a dangerous
precedent: ``the U.S. does not have the power to unilaterally compel an
SSO [Standards Setting Organization] to change its rules, and . . .
such actions exacerbate anti-U.S. sentiments already resulting from the
difficulty of some SSO members to enter the U.S. to participate in SSO
meetings. Normalizing such impositions invites retaliation by other
countries at worst, and ongoing disruption at best.'' Another commenter
opined that Entity List considerations should not eclipse other
national initiatives and that restricting certain foreign adversaries'
access to American technology should not contradict other ``national
imperatives, including maintaining U.S. leadership in the global
development of information and communications technologies (ICT).'' BIS
acknowledges and recognizes that the U.S. Government needs to apply
U.S. export controls and maintain U.S. technological leadership,
particularly in light of efforts by adversarial countries to
coordinate, subsidize, and promote activities in international
standards bodies for the benefit of their own enterprises and their own
industry leadership. For this reason, BIS works closely with the
Administration and other U.S. Government agencies as well as with the
private sector, through its advisory groups and public comment process,
to discuss and gather feedback on its regulatory actions.
b. Effects on U.S. Participation and Leadership in the Standards Arena
    Seventeen commenters highlighted concerns regarding reduced U.S.
participation and leadership in the standards arena caused by
unilateral export control limits and the resulting industry
fragmentation. As one commenter stated, ``limitations on standards
engagement vis-[agrave]-vis entities included on the Entity List create
a very real risk of fragmentation in international standardization,
increased compliance costs for industry, and reduced credibility of
U.S.-based standards development organizations (SDOs) as open global
standards organizations. Furthermore, such fragmentation can introduce
security risks and vulnerabilities and affect both U.S. economic
security and national security.'' The same commenter also noted that it
may be difficult for U.S. participants to know the company affiliation
of all participants in international standards organizations: ``In
national body-based organizations, individuals are required to declare
the country with which they are affiliated but are not required to
disclose which organization employs them. In practice, some disclose
their employer and some do not. Further, the disclosures are often not
available to participants at the start of the meeting. This uncertainty
could stifle U.S. participation in these standards organizations.''
Another commenter noted that ``Uncertainty regarding how the EAR impact
standards setting is causing U.S companies to harbor reservations about
participating fully in the standards development process, threatening
to undermine U.S. technological leadership in multiple sectors.''
According to several of the commenters, hesitancy to fully participate
in

standards discussions limits the U.S. role in global standards
development. Reduced U.S. participation is encouraging other countries
to develop their own national proprietary standards, which may result
in a global environment with many competing standards instead of one
global standard. For example, one commenter stated that this
fragmentation could provide countries such as China with a reason to
develop separate standards and exclude U.S. technology. Another stated,
``If China moves to its own indigenous benchmark, most of the current
influence by American companies will be lost because Chinese OEMs and
the Chinese government . . . will specify all the testing details. This
will create a significant disadvantage for American OEMs when competing
with Chinese OEMs in China.'' Another specifically noted that ``The
unilateral controls create incentives for Chinese organizations to (i)
set up barriers to full participation by non-Chinese entities in their
Chinese standards and (ii) create ``Chinese-first'' standards that,
because of their huge market, require other countries to adopt or
modify existing standards.'' One commenter addressed the development of
5G standards, stating that if ``international companies cannot
participate in the development of Wi-Fi standards and certification . .
. [there] is the potential [for] development of regional or fragmented
certification programs, which will fracture the market and disadvantage
consumers and companies alike.''
    One commenter noted an additional issue regarding patents and
intellectual property: ``The creation of standards inevitably creates
monopoly powers in the hands of the owners of standards essential
patents. The time-honored way of avoiding the abuse of such rights is
to bring together all interested owners of such rights in an effort to
create standards that can be implemented under RAND licenses provided
by participating member/patent owners.'' RAND terms are ``reasonable
and non-discriminatory'' voluntary licensing commitments that SSOs
often request from patent owners when sharing information that may
become part of a technical standard. As the commenter further stated,
``where an SSO decides to exclude [certain members], these companies
are given both the opportunity and incentive to ``weaponize'' any
patent claims they own that become essential under the standards of
that SSO.''
    BIS recognizes that an environment of competing national standards
or the exclusion of U.S. companies in international standards
development is not advantageous to U.S. interests. As one commenter
noted, ``U.S. and international business interests can best be served
by facilitating rather than restricting the participation of Huawei and
its affiliates in vital 5G SSOs and other important standards
development organizations.'' Therefore, in this final rule, BIS is
expanding the authorization for the release, in specific standards
settings, of certain ``technology'' and ``software'' that is subject to
the EAR to all entities on the Entity List. BIS understands that much
of standards development occurs using such ``technology'' and
``software;'' therefore, this expansion should assist U.S. companies in
maintaining a leadership position in the global standards community.
c. Standard Development Activities Subject to the EAR
    Several commenters requested additional clarity with respect to
standards development activities and the interpretation of Sec.  734.7
of the EAR (Published). One commenter stated that ``discussions with
representatives of listed entities in the context of legitimate
standards-setting activities are not [to] be subject to the EAR as they
are made in the context of an open and transparent process with the
intent to publish a standard.'' Another commenter requested
confirmation that unclassified ``technology'' or ``software'' is
``published'' and thus not subject to the EAR when made available to
the public without restriction. Additionally, one commenter pointed out
that ``the Treasury Department's Office of Foreign Assets Control
(OFAC) application of sanctions pursuant to the Specially Designated
Nationals and Blocked Persons List (SDN List) specifically did not
apply restrictions to participation in standards development activities
because such interactions were public and intended to result in
published standards.''
    While the application of OFAC regulations is outside the scope of
this rule, the EAR currently provide that ``published'' unclassified
technology or software is not subject to the EAR, and therefore does
not require a license to be exported, reexported or transferred (in
country), even to an entity on the Entity List, provided the technology
or software is available to the public without restriction as set forth
in Sec.  734.7 of the EAR. Many instances of the release of technology
or software in the standards environment would be considered published
and not subject to the EAR. Excluded from the scope of Sec.  734.7 is
``technology'' or ``software'' that is not available to the public
without restriction, as well as certain encryption software and certain
firearm-related software or technology. Such technology or software
remains subject to the EAR and requires a license for transactions
involving entities on the Entity List. Therefore, BIS does not agree
with the general interpretation that transfer or release of ``technical
data'' within the context of international standards activities would
necessarily be considered ``Published'' under Sec.  734.7 and therefore
not subject to the EAR in all circumstances.
d. Public Dialogue and Outreach
    Commenters suggested a number of ways in which BIS could assist
industry with the interpretation and application of the authorization
in the context of standards organizations. Three commenters pointed to
additional dialogue and engagement with the private sector. One
commenter ``strongly recommend(ed) extensive engagement with the
private sector and with the National Institute of Standards and
Technology (NIST), which has statutory responsibilities for
coordinating federal government standards engagement and also federal
engagement with the private sector . . . in order to develop smarter
and more targeted policies vis-[agrave]-vis standards.'' Another
suggested that BIS ``explore opportunities to educate the industry
during the rollout of new rules pertaining to standards development'';
``develop more formal mechanisms and processes for engaging with the
U.S. technology companies that are active in the standards setting
community''; and ``take steps to educate the industry on its positions
on interpretation of the IFR and what to expect in the future.'' BIS
appreciates these comments and will continue to identify additional
ways to conduct industry and public outreach. BIS has been working with
other government agencies, including NIST, on interpretations and EAR
amendments specific to standards, and will continue to do so to ensure
that the United States maintains a leadership position in standards
development, while also preventing unauthorized foreign access to
sensitive U.S. technology.
    Two commenters also made suggestions regarding BIS's Technical
Advisory Committees (TAC). One commenter suggested the establishment of
a standards industry technical advisory committee focused on standards
development and standards-development activities. The other commenter
suggested modifying the charter for the Information Systems TAC (ISTAC)
to enable it to gather and address specific inputs related to

standards development and to recruit participants that can provide such
inputs. BIS notes that the ISTAC is only one of BIS's six existing TACs
and that the information systems sector is not the only industry sector
involved in standards development. The representatives on BIS's TACs
have diverse backgrounds in many different industries affected by the
standards issue and are able to provide BIS with information on how
their industries are involved in and impacted by standards development.
Therefore, because BIS will continue to seek input from its TAC
membership on this and related issues, the establishment of a
standards-focused TAC is not warranted at this time.

2. Requests for Expansion and Clarification of Authorization From
Public Comments

    The remainder of the comments can be categorized into three main
issues and suggested areas of expansion. BIS discusses the comments,
suggestions, and as necessary, subsequent actions under three sections
in the background of this rule: (A) Expand the EAR99 and AT-only
authorization to all entities listed on the Entity List; (B) Expand the
scope of authorization to additional ``software'' and ``technology''
that is widely available; and (C) Clarify and expand the definitions of
``standards'' and ``standards organizations'' used by BIS to more
accurately reflect current industry practices and regular activities
conducted by standards organizations.
(A) Expand the EAR99 and AT-Only Authorization to All Entities Listed
on the Entity List
    Almost all commenters recommended extending the authorization to
share technology for the purpose of contributing to the development or
revision of a standard to other entities on the Entity List. While one
commenter suggested that the exemption be expanded to companies
involved in artificial intelligence (AI), other commenters expressed
that the standards-related authorization should apply to all entities
on the Entity List. Eight commenters highlighted that, in addition to
Huawei, there are other entities listed on the Entity List that are
members of standards bodies or have historically participated in
standards development activities, and should also be included in the
authorization. As one commenter noted, ``the unpublished technology
that needs to be shared within standards organizations is generally not
sensitive from an export control perspective [as it] is generally AT-
only and EAR99 technology.'' As another commenter stated, if the U.S.
government has determined that ``a standards-related carve-out for
Huawei advances U.S. national security, foreign policy, and economic
security objectives . . . then [allowing the] carve-out for all other
listed entities would also advance the same objectives.'' A third
commenter noted that ``Applying that same policy to standards
activities that include any listed entities also will advance the U.S.
government objective of ensuring U.S. technological leadership.''
    Thirteen commenters expressed concern that the uncertainty
regarding licensing requirements for currently listed entities as well
as future additions to the Entity List creates an increased regulatory
burden on U.S. industry. As one commenter stated, allowing all
``entities [on the Entity List] to participate in standards setting
activities also prevents unintended consequences that could irreparably
harm U.S. industry and U.S. competitiveness.'' Six commenters pointed
to the increased regulatory and compliance burden of needing to
constantly screen changes to the Entity List against standards
organizations' membership lists. One commenter stated that the
``current standards setting environment is plagued by uncertainty that
U.S.-based standards bodies or U.S.-based participants will be unable
to complete their important work when . . . a non-U.S. standards
setting member [is added] to the Entity List.'' Three other commenters
highlighted that extending the authorization to all entities listed on
the Entity List would level the playing field for U.S. standards
participants; as one noted, ``with an increasing number of non-US
companies and multi-national, global organizations spanning multiple
continents, creating technological advances in a range of connected
technologies, it is critically important that their contributions be
considered for the development of standards and specifications that can
be used around the world . . . By extending the exemption to [all]
companies on the Entity List, BIS will be leveling the playing field
for U.S. companies because single standards developed with input from
participants around the world will open more markets for U.S. companies
and reduce artificial market barriers in other countries . . . The
rapid pace of standards development, particularly for digital
technologies is completely at odds with the time that is typically
required for applying for exemptions [licenses] to work with
organizations that are on the Entity List, and for the applications to
be adjudicated. As these standards development activities routinely
involve dozens of US companies, it is neither practical, nor reasonable
to expect all of the participating US companies . . . to apply for such
exemptions.'' In summary, as one commenter noted, innovation and U.S.
technological leadership is promoted by ``clarity and simplicity
regarding the Entity List and standards processes.''
    BIS agrees with the commenters that the standards-related
authorization should be applied to all entities on the Entity List. The
uncertainty created by not knowing whether a BIS license is required to
release low level technology for legitimate standards activities has
undermined U.S. participation in these activities. The basis for the
authorization for low level, non-sensitive, and widely available items
to Huawei is also valid for all other entities on the Entity List.
Extending a standards authorization to all listed entities on the
Entity List will reduce the regulatory burden for industry and mitigate
unintended consequences that could harm U.S. industry leadership and
competitiveness in the telecommunications and information technology
sector.
(B) Expand the Scope of the Authorization To Include Additional
``Technology'' and ``Software''
(1) Expand the Scope of the Authorization To Include ``Software''
Designated EAR99 or Controlled for AT Reasons Only
    Eleven commenters suggested that in addition to ``technology,''
``software'' should be included in the authorization because the
sharing of software is increasingly important in standards development.
According to the commenters, software must be regularly released for
standardized benchmarks and technology standards commonly include
software code as part of the standards development process. As one
commenter highlighted, ``Standards bodies' participants exchange
software executables and/or source code as part of their work.''
Commenters asserted that while some software may be publicly available
and therefore not subject to the EAR, software subject to the EAR and
designated EAR99 or controlled for AT reasons only that is shared in
the ordinary course of standards development activities should be
authorized to the same extent that ``technology'' that is designated
EAR99 or controlled for AT reasons only is authorized under the EAR.
Commenters concurred that including ``software'' in

the scope of the authorization will not harm national security.
    BIS agrees with commenters that the scope of the authorization
should be extended to include certain ``software.'' BIS appreciates the
specific examples provided in the comments that reflect the need to
share software (e.g., as part of developing codecs, reference software
implemented as part of the standard). One commenter noted that
``software allows members to incorporate ideas from many into a design
the standards body is developing so that the other members can see how
the idea would work. Such software is not ``production code,'' i.e.,
that which is needed to produce the product. Rather, it is that which
is designed to show performance aspects of a proposed standard.'' BIS
acknowledges that the release of certain software is a usual,
customary, and necessary part of standards activities.
    In response to the public comments, BIS is revising the EAR to
expand the scope of the authorization to include ``software'' subject
to the EAR and designated as EAR99 or controlled for AT reasons only,
or specifically for the ``development,'' ``production,'' and ``use'' of
cryptographic functionality, when such ``software'' is released in the
context of a ``standards-related activity'' (see 772.1 of the EAR--
Definitions).
(2) Expand the Scope of the Authorization to ``Technology'' and
``Software'' Beyond EAR99 and AT-Only Controlled Items
    BIS received fourteen comments requesting that the authorization be
extended beyond EAR99 and AT-only controlled ``technology'' to include
additional ``technology'' and ``software.'' One commenter suggested
that technology ``ranging from hardware and chips to software and
source code [should be added] to the exemption for standards
processes.'' Another commenter mentioned that ``the EAR should not
interfere with U.S. leadership in standards organizations, except with
respect to truly sensitive military and dual-use technologies that are
controlled for release to foreign person[s] generally.'' Six commenters
noted that some standards activities related to encryption, so the
authorization should be expanded to include information security
software and technology classified under ECCNs 5D002 and 5E002. One
commenter also noted that, ``(i)nformation security is a critical
element of 5G technology. 5G poses an elevated security threat . . .
Information security must be incorporated from the outset into 5G
standards, in order to ensure that the expected benefits of 5G networks
can be achieved and the attendant risks minimized. Adding information
security technology classified under ECCN 5E002 and related software
classified under ECCN 5D002 to the list of technologies that may be
shared in the context of standards organizations is the bare minimum
required in order to permit standards organizations to address the
elevated threat presented by 5G networks.''
    BIS recognizes that neither an environment of competing national
standards nor the exclusion of U.S. companies in international
standards development is advantageous to U.S. interests. In the case of
software and technology that is designated EAR99, controlled for AT
reasons only, BIS is allowing the release, without a license, of
software and technology that is already widely available on the global
market. In addition, BIS agrees with commenters that information
security is an important part of standards work, including in the
development of 5G standards. BIS is allowing for the release in
standards environments of software and technology specifically for the
``development,'' ``production,'' and ``use'' of cryptographic
functionality; without proper standardization in encryption
functionality, vulnerabilities and issues in 5G security will pose a
national security threat to the United States.
    Therefore, in this final rule, BIS is revising the authorization
for the release, in ``standards related activities,'' to include
specific ``technology'' and ``software'' that is widely available and
is subject to the EAR, to all entities on the Entity List. The
authorization is revised to include software that is designated EAR99,
software that is controlled for AT reasons only, and software that is
classified only in ECCN subparagraphs 5D002.b and 5D002.c.1 (only for
equipment specified in ECCNs 5A002.a and 5A002.c). The authorization
continues to include the release of technology that is designated
EAR99, or controlled for AT reasons only, and is revised to include
technology classified under ECCN 5E002, only for equipment specified in
ECCN subparagraphs 5A002.a, .b and .c, and technology classified under
ECCN 5E002 for software controlled under ECCN 5D002.b and .c.1, (only
for equipment specified in ECCN subparagraphs 5A002.a and .c) when the
release is for a ``standards-related activity'' and specifically for
the ``development,'' ``production,'' and ``use'' of cryptographic
functionality.
    These specific ECCN subparagraphs that are included in the expanded
authorization allow the release of software and technology for
functionality but not for other types of information security functions
that remain controlled in Category 5 Part 2 of the CCL. Included in the
expanded authorization are software and technology that encrypts and
decrypts data that is regularly used in the development and production
of many commonplace products that use cryptography (e.g., smart phones,
printers/scanners; toys; etc.). The specific software and technology
authorized include only cryptographic functions needed to assist the
development of security in a 5G network, not to develop 5G products or
capacity. No other cryptanalytic items or products that use
cryptographic techniques are included in the authorization. BIS
understands that much standards development occurs using this widely
available ``software'' and ``technology'' covered by the expanded
authorization and this should assist U.S. companies in maintaining a
leadership position in the global standards community.
(C) Clarify and Expand the Definitions of ``Standards'' and ``Standards
Organizations'' Used by BIS To Reflect Current Industry Practices
    Eighteen commenters requested additional clarification or expansion
of the ``standards'' and ``standards organizations'' definitions added
to the EAR in the June 18th IFR. The general consensus of the comments
was that the ``standards'' and ``standards organizations'' definitions
derived from the Office of Management and Budget (OMB) Circular A-119
were not the appropriate definitions for this context and created
uncertainty and questions regarding which U.S. companies and
organizations in the standards setting community are subject to the
licensing requirements. As one commenter stated, OMB Circular A-119
``emphasizes the role of the U.S. government in the development and use
of standards'' while the exception from the license requirement in the
June 18th IFR is ``intended to reduce barriers for U.S. companies in
their participation and leadership in the development of standards.''
(1) Comments Regarding ``Standards''
    BIS received thirteen comments regarding the OMB Circular A-119
definition of ``standards.'' Eight commenters requested additional
clarification or confirmation regarding the ``standards'' definition
while six commenters suggested revisions and expansions to the
definition.

(a) Clarification and Confirmation of Definition
    A number of commenters requested confirmation from BIS that
certification and conformance activities were included in the
definition of ``standards.'' One commenter noted that the OMB Circular
mentions that: ``Certification programs are conformity assessment
activities . . . The definition of `conformity assessment' in the OMB
Circular states that certification, as well as the accreditations of
the competence of these activities, is included . . . [In addition],
OMB Circular A-119 recognizes that conformity assessment activities are
part of, and integral to, much of standards development . . . Finally,
federal law explicitly recognizes standards development activities to
include conformity assessment activities. The National Cooperative
Research and Production Act of 1993 uses the same definition of a
`voluntary consensus standard' used in OMB Circular A-119 and further
defines a `standards development activity.' ''
    Another commenter requested confirmation that ``the scope of
standards development activities permitted by the Final Rule includes
any action taken by an SDO for the purpose of developing, promulgating,
revising, reissuing, interpreting, or otherwise maintaining a voluntary
consensus standard, including standard conformity testing and
assessment activities.''
(b) Revision and Expansion of Definition
    One commenter requested that ``standardized benchmarks'' be
included as part of the standards definition and defined as
``measurement software developed by an organization of relevant
industry companies to evaluate the performance or energy consumption of
a computing system. Without such an amendment, American companies will
be excluded from the development of standardized benchmarks which are
critical for selling computers.''
    Several commenters referenced the Standards Development
Organization Advancement Act of 2004 (SDOAA) (15 U.S.C. 4301-4306) and
suggested the addition of and adherence to its ``standards development
activity'' definition, which is commonly accepted by industry and
extends beyond production to include post-production activities. One
commenter stated that the ``EAR defines ``development'' to include all
stages prior to an item's being in ``production,'' e.g., no longer
being modified. However, ``standards development activities'' are
clearly defined in U.S. standards law (the SDOAA) as including
activities [in] all stages of a standard's promulgation, such as its
maintenance and conformity assessment.'' A separate comment noted that
even applying a restrictive (but definitive) EAR definition of
``development'' to the standards carve-out would resolve uncertainty
about whether ordinary promulgation and standards related activities
are within the scope of the authorization.
    Several commenters suggested that BIS define ``standards-related
activities'' by referencing the existing definition from the Trade
Agreements Act (TAA) of 1979 (19 U.S.C. 2501-2582). Several commenters
also requested guidance on whether ``standards'' include important
ancillary aspects of a standard, such as reference implementations,
interoperability testing, conformance testing results, and other
related technology development that helps to foster adoption,
implementation, and improvement of the underlying standard. The
commenters suggested that if these actions are not considered
``standards'' under the June 18th definition, the definition should be
``broadened to apply to encompass these activities of standards bodies
that facilitate widespread adoption of technical standards.'' The
comments also emphasized that allowing the full set of activities
undertaken by a standards-setting body would enable U.S. companies to
lead throughout the lifecycle of standards development.
(2) Comments Regarding ``Standards Organization''
    BIS received twelve comments regarding the OMB Circular A-119
definition of ``Standards Organization.'' As one commenter noted,
``uncertainty regarding whether a standards organization meets the
characteristics of a ``standards organization'' as defined [by Circular
A-119] could cause U.S. companies to limit, withdraw, or delay their
involvement in standards organizations . . . Participation rates in
standards development is a key factor in the success and adoption of
those standards.'' Seven comments requested additional clarification or
confirmation regarding BIS's ``standards organization'' definition
while five comments included suggested revisions and expansions to the
definition.
    A number of comments requested clarity or confirmation regarding
what types of organizations met the equivalent ``voluntary consensus
standards body'' (VCSB) definition as defined by OMB Circular A-119.
One commenter requested clarification as to whether the June 18th IFR
applies only to international voluntary consensus standards bodies or
``if it also applies to national standard setting organizations. OMB
Circular No. A-119, which the rule refers to, notes that standard
setting organizations are both domestic and international, although the
language of the rule seems to contemplate the rule applying to
international standard setting.'' Four commenters requested that BIS
confirm that consortia or alliances are considered ``standards
organizations'' for the purposes of the June 18th IFR. Two commenters
requested confirmation that entities that develop certification
programs would also be considered VCSBs. One commenter requested
further clarification on SSO's and whether U.S. persons are permitted
to work with Huawei and its affiliates in standards development
activities or not.
    A number of commenters suggested revisions to BIS's definition of
``standards organizations.'' Several commenters opined that OMB
Circular No. A-119 and the definition of VCSBs is not a suitable
definition for purposes of the EAR. One commenter recommended amending
the definition to remove the ``appeals process'' required by OMB
Circular No. A-119. Another commenter suggested that paid membership
model organizations not be excluded from the scope of the VSCB
definition. One commenter suggested that BIS should state that ``U.S.
companies may safely participate in any SSO formed with the intention
of creating global standards and which admits all interested parties as
members on a non-discriminatory basis. Failing that, providing an SSO-
specific exception referencing only the Openness and Consensus elements
of the VCSB definition, tailored to ICT SSO realities, would provide a
next-best solution.'' The same commenter endorsed the use of
``industry-accepted objective criteria, such as the ISO/IEC JTC-1 PAS
Submitter process as well as other industry-established criteria or
processes that would recognize legitimate standards organizations as
qualifying as ``standards organizations''.''
(3) Removal of Definitions for ``Standards'' and ``Standards
Organization;'' Addition of Definition for ``Standards-Related
Activity''
    BIS appreciates the insight and suggestions provided in the public
comments to the June 18th IFR regarding the definitions, as well as the
explanations of the issues that companies face on a practical level
with regard to standards and information

sharing in the context of standards organizations. BIS understands and
acknowledges that the ``standards'' and ``standards organizations''
terms, as defined by the OMB Circular No. A-119, do not adequately
address the breadth of activities and issues that companies run into
while participating in standards organizations.
    Therefore, based on this input derived from public comments and
interagency discussions, this final rule removes the definitions of
``standards'' and ``standards organization'' from the EAR. BIS
considered the definitions found in the TAA and SDOAA and incorporated
the relevant and applicable elements of the definitions into a
``standards-related activity'' definition. BIS is adding this term to
Sec.  772.1 of the EAR (Definitions). The scope of the standards
authorization now reflects activities as defined and in the context of
a ``standards-related activity.'' Use of the ``standards-related
activity'' definition appropriately focuses export controls on
activities that are important to United States technological leadership
rather than the type of organization that performs them. Standards
activities must not be constrained by defining the organization or
product of the deliberations in such a way that full participation in
the intended activities cannot be achieved.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities
and serves as the authority under which BIS issues this rule. As set
forth in Section 1768 of ECRA, all delegations, rules, regulations,
orders, determinations, licenses, or other forms of administrative
action that were made, issued, conducted, or allowed to become
effective under the Export Administration Act of 1979 (previously, 50
U.S.C. 4601 et seq.) (as in effect prior to August 13, 2018 and as
continued in effect pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.)) or the Export Administration
Regulations, and were in effect as of August 13, 2018, shall continue
in effect according to their terms until modified, superseded, set
aside, or revoked under the authority of ECRA.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This interim final rule has been designated as significant
for purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This interim final rule
involves the collection currently approved by OMB under the BIS control
number: Simplified Network Application Processing System (control
number 0694-0088), which includes, among other things, license
applications. The information collection under control number 0694-
0088, carries a burden estimate of 29.4 minutes for a manual or
electronic submission for a total burden estimate of 31,835 hours.
Total burden hours associated with the PRA and OMB control number 0694-
0088 are not expected to increase as a result of 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 ECRA, this action is exempt from the
Administrative Procedure Act (5 U.S.C. 553) requirements, including
prior notice and the opportunity for public comment.
    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 744

    Exports, Reporting and recordkeeping requirements, Terrorism

15 CFR Part 772

    Exports.

    Accordingly, parts 744 and 772 of the Export Administration
Regulations (15 CFR parts 730 through 774) are amended as follows:

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

0
1. The authority citation for 15 CFR part 744 is revised to read as
follows:

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

0
2. Section 744.11 is amended by revising paragraph (a) introductory
text and paragraph (a)(1) to read as follows:

Sec.  744.11  License requirements that apply to entities acting
contrary to the national security or foreign policy interests of the
United States.

* * * * *
    (a) License requirement, availability of license exceptions, and
license application review policy. A license is required, to the extent
specified on the Entity List, to export, reexport, or transfer (in-
country) any item subject to the EAR when an entity 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 unless otherwise authorized or excluded
in this section. License exceptions may not be used unless authorized
in the Entity List entry for the entity that is party to the
transaction. Applications for licenses required by this section will be
evaluated as stated in the Entity List entry for the entity that is
party to the transaction, in addition to any other applicable review
policy stated elsewhere in the EAR.
    (1) Standards Related Activity. A license is not required for the
release of ``technology'' or ``software'' designated EAR99 or
controlled on the CCL for anti-terrorism reasons only, when such a
release is for a ``standards-related activity.'' In addition, a license
is not required for the release of the following ECCN ``items'' level
paragraphs of ``technology'' or ``software'' specifically for the
``development,'' ``production,'' or ``use'' of cryptographic
functionality

when such a release is for a ``standards-related activity:''
``software'' that is classified under ECCN 5D002.b or 5D002.c.1 (for
equipment specified in ECCN 5A002.a and 5A002.c only); ``technology''
that is classified under ECCN 5E002 (for equipment specified in ECCN
5A002.a, .b and .c); and ``technology'' for software controlled under
ECCN 5D002.b or .c.1 (for equipment specified in ECCN 5A002.a and .c
only).
* * * * *

0
3. Section 744.16 is amended by revising paragraph (a) to read as
follows:

Sec.  744.16  ENTITY LIST

* * * * *
    (a) License requirements. In addition to the license requirements
for items specified on the CCL, you may not, without a license from
BIS, export, reexport, or transfer (in-country) any items included in
the License Requirement column of an entity's entry on the Entity List
(supplement no. 4 to this part) when that entity is a party to a
transaction as described in Sec.  748.5(c) through (f) of the EAR. The
specific license requirement for each listed entity is identified in
the license requirement column on the Entity List in supplement no. 4
to this part. A license is not required for the release of certain
``technology'' or ``software'' when such a release is for a
``standards-related activity,'' as described in Sec.  744.11(a)(1) and
Sec.  772.1 of the EAR.

0
4. Supplement No. 4 to part 744 is amended by revising the introductory
text and the following entries:
0
a. Under Argentina, ``Huawei Cloud Argentina'' and ``Huawei Tech
Investment Co., Ltd. Argentina'';
0
b. Under Australia, ``Huawei Technologies (Australia) Pty Ltd.'';
0
c. Under Bahrain, ``Huawei Technologies Bahrain'';
0
d. Under Belarus, ``Bel Huawei Technologies LLC'';
0
e. Under Belgium, ``Huawei Technologies Research & Development Belgium
NV'';
0
f. Under Bolivia, ``Huawei Technologies (Bolivia) S.R.L.'';
0
g. Under Brazil, ``Huawei Cloud Brazil'' and ``Huawei do Brasil
Telecomunicac[otilde]es Ltda'';
0
h. Under Burma, ``Huawei Technologies (Yangon) Co., Ltd.'';
0
i. Under Canada, ``Huawei Technologies Canada Co., Ltd'';
0
j. Under Chile, ``Huawei Chile S.A.'' and ``Huawei Cloud Chile'';
0
k. Under China, ``Beijing Huawei Digital Technologies Co., Ltd.'',
``Chengdu Huawei High-Tech Investment Co., Ltd.'', ``Chengdu Huawei
Technologies Co., Ltd.'', ``Dongguan Huawei Service Co., Ltd.'',
``Dongguan Lvyuan Industry Investment Co., Ltd.'', ``Gui'an New
District Huawei Investment Co., Ltd.'', ``Hangzhou Huawei Digital
Technology Co., Ltd.'', ``HiSilicon Optoelectronics Co., Ltd.'',
``HiSilicon Technologies Co., Ltd (HiSilicon)'', ``HiSilicon Tech
(Suzhou) Co., Ltd.'', ``Hua Ying Management Co. Limited'', ``Huawei
Cloud Beijing'', ``Huawei Cloud Computing Technology'', ``Huawei Cloud
Dalian'', ``Huawei Cloud Guangzhou'', ``Huawei Cloud Guiyang'',
``Huawei Cloud Hong Kong'', ``Huawei Cloud Shanghai'', ``Huawei Cloud
Shenzhen'', ``Huawei Device Co., Ltd.'', ``Huawei Device (Dongguan)
Co., Ltd.'', ``Huawei Device (Hong Kong) Co., Limited.'', ``Huawei
Device (Shenzhen) Co., Ltd.'', ``Huawei International Co., Limited'',
``Huawei Machine Co., Ltd.'', ``Huawei OpenLab Suzhou'', ``Huawei
Software Technologies Co., Ltd.'', ``Huawei Tech. Investment Co.,
Limited'', ``Huawei Technical Service Co., Ltd.'', ``Huawei
Technologies Co., Ltd.'',, ``Huawei Technologies Service Co., Ltd.'',
``Huawei Training (Dongguan) Co., Ltd.'', ``Huayi internet Information
Service Co., Ltd.'', ``Hui Tong Business Ltd.,'', ``North Huawei
Communication Technology Co., Ltd.'', ``Shanghai Haisi Technology Co.,
Ltd.'', ``Shanghai HiSilicon Technologies Co., Ltd.,'', ``Shanghai
Mossel Trade Co., Ltd.'', ``Shenzhen HiSilicon Technologies Co.,
Electrical Research Center'', ``Shenzhen Huawei Technical Services Co.,
Ltd.'', ``Shenzhen Huawei Terminal Commercial Co., Ltd.'', ``Shenzhen
Huawei Training School Co., Ltd.'', ``Shenzhen Huayi Loan Small Loan
Co., Ltd.'', ``Shenzhen Legrit Technology Co., Ltd.'', ``Shenzhen
Smartcom Business Co., Ltd.'', ``Smartcom (Hong Kong) Co., Limited'',
``Suzhou Huawei Investment Co., Ltd.'', ``Wuhan Huawei Investment Co.,
Ltd.'', ``Wulanchabu Huawei Cloud Computing Technology'', ``Xi'an
Huawei Technologies Co., Ltd.'', and ``Xi'an Ruixin Investment Co.,
Ltd.'';
0
l. Under Costa Rica, ``Huawei Technologies Costa Rica SA'';
0
m. Under Cuba, ``Huawei Cuba'';
0
n. Under Denmark, ``Huawei Denmark'';
0
o. Under Egypt, ``Huawei OpenLab Cairo'' and ``Huawei Technology'';
0
p. Under France, ``Huawei Cloud France'', ``Huawei France'' and
``Huawei OpenLab Paris'';
0
q. Under Germany, ``Huawei Cloud Berlin'', ``Huawei OpenLab Munich'',
``Huawei Technologies Deutschland GmbH'' and ``Huawei Technologies
Dusseldorf GmbH;
0
r. Under India, ``Huawei OpenLab Delhi'' and ``Huawei Technologies
India Private Limited'';
0
s. Under Indonesia, ``Huawei Tech Investment, PT'';
0
t. Under Israel, ``Toga Networks'';
0
u. Under Italy, ``Huawei Italia'', and ``Huawei Milan Research
Institute'';
0
v. Under Jamaica, ``Huawei Technologies Jamaica Company Limited'';
0
w. Under Japan, ``Huawei Technologies Japan K.K.'';
0
x. Under Jordan, ``Huawei Technologies Investment Co. Ltd.'';
0
y. Under Kazakhstan, ``Huawei Technologies LLC Kazakhstan'';
0
z. Under Lebanon, ``Huawei Technologies Lebanon'';
0
aa. Under Madagascar, ``Huawei Technologies Madagascar Sarl'';
0
bb. Under Mexico, ``Huawei Cloud Mexico'', ``Huawei OpenLab Mexico
City'', and ``Huawei Technologies De Mexico S.A.'';
0
cc. Under Morocco, ``Huawei Technologies Morroco'';
0
dd. Under Netherlands, ``Huawei Cloud Netherlands'' and ``Huawei
Technologies Co[ouml]peratief U.A.'';
0
ee. Under New Zealand, ``Huawei Technologies (New Zealand) Company
Limited'';
0
ff. Under Oman, ``Huawei Tech Investment Oman LLC'';
0
gg. Under Pakistan, ``Huawei Technologies Pakistan (Private) Limited'';
0
hh. Under Panama, ``Huawei Technologies Cr Panama S.A'';
0
ii. Under Paraguay, ``Huawei Technologies Paraguay S.A.'';
0
jj. Under Peru ``Huawei Cloud Peru'';
0
kk. Under Portugal, ``Huawei Technology Portugal'';
0
ll. Under Qatar, ``Huawei Tech Investment Limited'';
0
mm. Under Romania, ``Huawei Technologies Romania Co., Ltd.'';
0
nn. Under Russia, ``Huawei Cloud Russia'', ``Huawei OpenLab Moscow'',
and ``Huawei Russia'';
0
oo. Under Singapore, ``Huawei Cloud Singapore'', ``Huawei International
Pte. Ltd.'', and ``Huawei OpenLab Singapore'';
0
pp. Under South Africa, ``Huawei Cloud South Africa'', ``Huawei OpenLab
Johannesburg'', and ``Huawei Technologies South Africa Pty Ltd.'';
0
qq. Under Sri Lanka, ``Huawei Technologies Lanka Company (Private)
Limited'';
0
rr. Under Sweden, ``Huawei Sweden'';
0
ss. Under Switzerland, ``Huawei Cloud Switzerland'' and ``Huawei
Technologies Switzerland AG'';
0
tt. Under Taiwan, ``Xunwei Technologies Co., Ltd.'';

0
uu. Under Thailand, ``Huawei Cloud Thailand'', ``Huawei OpenLab
Bangkok'', and ``Huawei Technologies (Thailand) Co.'';
0
vv. Under Turkey, ``Huawei OpenLab Istanbul'';
0
ww. Under United Arab Emirates ``Huawei OpenLab Dubai'';
0
xx. Under United Kingdom, ``Centre for Integrated Photonics Ltd.'',
``Huawei Global Finance (UK) Limited'', ``Huawei Technologies R&D UK'',
``Huawei Technologies (UK) Co., Ltd.'', ``Proven Glory'', and ``Proven
Honour''; and
    uu. Under Vietnam, ``Huawei Technologies (Vietnam) Company
Limited'' and ``Huawei Technology Co. Ltd.''.
    The revisions read as follows:

Supplement No. 4 to Part 744--Entity List

    This Supplement lists certain entities subject to license
requirements for specified items under this parts 744 and 746 of the
EAR. License requirements for these entities include exports,
reexports, and transfers (in-country) unless otherwise stated. A
license is required, to the extent specified on the Entity List, to
export, reexport, or transfer (in-country) any item subject to the EAR
when an entity 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. See
Sec.  744.11 for licensing requirements in the context of a
``standards-related activity''. This list of entities is revised and
updated on a periodic basis in this Supplement by adding new or amended
notifications and deleting notifications no longer in effect.

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

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
ARGENTINA..............  Huawei Cloud Argentina,       For all items        Presumption of     85 FR 51603, 8/20/
                          Buenos Aires, Argentina.      subject to the       denial.            20. 87 FR 6026,
                                                        EAR, see Sec.                           2/3/22. 87 FR
                                                        Sec.   734.9(e)                         [INSERT FR PAGE
                                                        \1\ and 744.11 of                       NUMBER AND 9/9/
                                                        the EAR \2\                             22].
                         Huawei Tech Investment Co.,   For all items        Presumption of     84 FR 43495, 8/21/
                          Ltd., Argentina, Av.          subject to the       denial.            19. 85 FR 29852,
                          Leandro N. Alem 815, C1054    EAR, see Sec.                           5/19/20. 85 FR
                          CABA, Argentina.              Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
AUSTRALIA..............  Huawei Technologies           For all items        Presumption of     84 FR 43495, 8/21/
                          (Australia) Pty Ltd., L6      subject to the       denial.            19. 85 FR 29852,
                          799 Pacific Hwy, Chatswood,   EAR, see Sec.                           5/19/20. 85 FR
                          New South Wales, 2067,        Sec.   734.9(e)                         36720, 6/18/20.
                          Australia.                    \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
BAHRAIN................  Huawei Technologies Bahrain,  For all items        Presumption of     84 FR 43495, 8/21/
                          Building 647 2811 Road        subject to the       denial.            19. 85 FR 29852,
                          2811, Block 428, Muharraq,    EAR, see Sec.                           5/19/20. 85 FR
                          Bahrain.                      Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                                                                * * * * * *
----------------------------------------------------------------------------------------------------------------
BELARUS................  Bel Huawei Technologies LLC,  For all items        Presumption of     84 FR 43495, 8/21/
                          a.k.a., the following one     subject to the       denial.            19. 85 FR 29852,
                          alias,                        EAR, see Sec.                           5/19/20. 85 FR
                         --BellHuawei Technologies      Sec.   734.9(e)                         36720, 6/18/20.
                          LLC. 5 Dzerzhinsky Ave.,      \1\ and 744.11 of                       85 FR 51603, 8/
                          Minsk, 220036, Belarus.       the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                                                                * * * * * *
----------------------------------------------------------------------------------------------------------------
BELGIUM................  Huawei Technologies Research  For all items        Presumption of     84 FR 22963, 5/21/
                          & Development Belgium NV,     subject to the       denial.            19. 84 FR 43495,
                          Technologiepark 19, 9052      EAR, see Sec.                           8/21/19. 85 FR
                          Zwijnaarde Belgium.           Sec.   734.9(e)                         29852, 5/19/20.
                                                        \1\ and 744.11 of                       85 FR 36720, 6/
                                                        the EAR \2\                             18/20. 85 FR
                                                                                51603, 8/20/20.
                                                                                87 FR 6026, 2/3/
                                                                                22. 87 FR
                                                                                [INSERT FR PAGE
                                                                                NUMBER AND 9/9/
                                                                                22].

                                                                * * * * * *
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
BOLIVIA................  Huawei Technologies           For all items        Presumption of     84 FR 22963, 5/21/
                          (Bolivia) S.R.L., La Paz,     subject to the       denial.            19. 85 FR 29852,
                          Bolivia.                      EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
----------------------------------------------------------------------------------------------------------------
BRAZIL.................  Huawei Cloud Brazil, Sau      For all items        Presumption of     85 FR 51603, 8/20/
                          Paulo, Brazil.                subject to the       denial.            20. 87 FR 6026,
                                                        EAR, see Sec.                           2/3/22. 87 FR
                                                        Sec.   734.9(e)                         8182, 2/14/22.
                                                        \1\ and 744.11 of                       87 FR 21012, 4/
                                                        the EAR \2\                             11/22. 87 FR
                                                                                [INSERT FR PAGE
                                                                                NUMBER AND 9/9/
                                                                                22].
                         Huawei do Brasil              For all items        Presumption of     84 FR 22963, 5/21/
                          Telecomunicac[otilde]es       subject to the       denial.            19. 84 FR 43495,
                          Ltda, Sao Paulo, Brazil;      EAR, see Sec.                           8/21/19. 85 FR
                          and Av. Jerome Case, 2600,    Sec.   734.9(e)                         29852, 5/19/20.
                          Sorocaba--SP, 18087-220,      \1\ and 744.11 of                       85 FR 36720, 6/
                          Brazil.                       the EAR \2\                             18/20. 85 FR
                                                                                51603, 8/20/20.
                                                                                87 FR 6026, 2/3/
                                                                                22. 87 FR
                                                                                [INSERT FR PAGE
                                                                                NUMBER AND 9/9/
                                                                                22].
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
BURMA..................  Huawei Technologies (Yangon)  For all items        Presumption of     84 FR 22963, 5/21/
                          Co., Ltd., Yangon, Burma.     subject to the       denial.            19. 85 FR 29852,
                                                        EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                                                                * * * * * *
----------------------------------------------------------------------------------------------------------------
CANADA.................                                         * * * * * *
                         Huawei Technologies Canada    For all items        Presumption of     84 FR 22963, 5/21/
                          Co., Ltd., Markham, ON,       subject to the       denial.            19. 85 FR 29852,
                          Canada.                       EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                                                                * * * * * *
----------------------------------------------------------------------------------------------------------------
CHILE..................  Huawei Chile S.A., Santiago,  For all items        Presumption of     84 FR 22963, 5/21/
                          Chile.                        subject to the       denial.            19. 85 FR 29852,
                                                        EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                         Huawei Cloud Chile,           For all items        Presumption of     85 FR 51603, 8/20/
                          Santiago, Chile.              subject to the       denial.            20. 87 FR 6026,
                                                        EAR, see Sec.                           2/3/22. 87 FR
                                                        Sec.   734.9(e)                         [INSERT FR PAGE
                                                        \1\ and 744.11 of                       NUMBER AND 9/9/
                                                        the EAR \2\                             22].
----------------------------------------------------------------------------------------------------------------
CHINA, PEOPLE'S                                                 * * * * * *
 REPUBLIC OF.
                         Beijing Huawei Digital        For all items        Presumption of     84 FR 22963, 5/21/
                          Technologies Co., Ltd.,       subject to the       denial.            19. 85 FR 29852,
                          Beijing, China.               EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].

                                                                * * * * * *
----------------------------------------------------------------------------------------------------------------
                         Chengdu Huawei High-Tech      For all items        Presumption of     84 FR 22963, 5/21/
                          Investment Co., Ltd.,         subject to the       denial.            19. 85 FR 29852,
                          Chengdu, Sichuan, China.      EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                         Chengdu Huawei Technologies   For all items        Presumption of     84 FR 22963, 5/21/
                          Co., Ltd., Chengdu,           subject to the       denial.            19. 85 FR 29852,
                          Sichuan, China.               EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                                                               * * * * * *
                         Dongguan Huawei Service Co.,  For all items        Presumption of     84 FR 22963, 5/21/
                          Ltd., Dongguan, Guangdong,    subject to the       denial.            19. 85 FR 29852,
                          China.                        EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                         Dongguan Lvyuan Industry      For all items        Presumption of     84 FR 22963, 5/21/
                          Investment Co., Ltd.,         subject to the       denial.            19. 85 FR 29852,
                          Dongguan, Guangdong, China.   EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                                                               * * * * * *
                         Gui'an New District Huawei    For all items        Presumption of     84 FR 22963, 5/21/
                          Investment Co., Ltd.,         subject to the       denial.            19. 85 FR 29852,
                          Guiyang, Guizhou, China.      EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                                                               * * * * * *
                         Hangzhou Huawei Digital       For all items        Presumption of     84 FR 22963, 5/21/
                          Technology Co., Ltd.,         subject to the       denial.            19. 85 FR 29852,
                          Hangzhou, Zhejiang, China.    EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                                                               * * * * * *
                         HiSilicon Optoelectronics     For all items        Presumption of     84 FR 22963, 5/21/
                          Co., Ltd., Wuhan, Hubei,      subject to the       denial.            19. 85 FR 29852,
                          China.                        EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                         HiSilicon Technologies Co.,   For all items        Presumption of     84 FR 22963, 5/21/
                          Ltd (HiSilicon), Bantian      subject to the       denial.            19. 85 FR 29852,
                          Longgang District,            EAR, see Sec.                           5/19/20. 85 FR
                          Shenzhen, 518129, China.      Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                         HiSilicon Tech (Suzhou) Co.,  For all items        Presumption of     84 FR 22963, 5/21/
                          Ltd., Suzhou, Jiangsu,        subject to the       denial.            19. 85 FR 29852,
                          China.                        EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                                                               * * * * * *

                         Hua Ying Management Co.       For all items        Presumption of     84 FR 22963, 5/21/
                          Limited, Tsim Sha Tsui,       subject to the       denial.            19. 85 FR 29853,
                          Kowloon, Hong Kong.           EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 85 FR
                                                                                83769, 12/23/20.
                                                                                87 FR 6026, 2/3/
                                                                                22. 87 FR
                                                                                [INSERT FR PAGE
                                                                                NUMBER AND 9/9/
                                                                                22].
                         Huawei Cloud Beijing,         For all items        Presumption of     85 FR 51603, 8/20/
                          Beijing, China.               subject to the       denial.            20. 87 FR 6026,
                                                        EAR, see Sec.                           2/3/22. 87 FR
                                                        Sec.   734.9(e)                         [INSERT FR PAGE
                                                        \1\ and 744.11 of                       NUMBER AND 9/9/
                                                        the EAR \2\                             22].
                         Huawei Cloud Computing        For all items        Presumption of     85 FR 51603, 8/20/
                          Technology, Huawei Cloud      subject to the       denial.            20. 87 FR 6026,
                          Data Center, Xinggong Road,   EAR, see Sec.                           2/3/22. 87 FR
                          Qianzhong Avenue, Gui'an      Sec.   734.9(e)                         [INSERT FR PAGE
                          New District, Guizhou         \1\ and 744.11 of                       NUMBER AND 9/9/
                          Province, China; and Huawei   the EAR \2\                             22].
                          Cloud Data Center,
                          Jiaotianfu Road, Jinma
                          Avenue, Gui'an New
                          District, Guizhou Province,
                          China.
                         Huawei Cloud Dalian, Dalian,  For all items        Presumption of     85 FR 51603, 8/20/
                          China.                        subject to the       denial.            20. 87 FR 6026,
                                                        EAR, see Sec.                           2/3/22. 87 FR
                                                        Sec.   734.9(e)                         [INSERT FR PAGE
                                                        \1\ and 744.11 of                       NUMBER AND 9/9/
                                                        the EAR \2\                             22].
                         Huawei Cloud Guangzhou,       For all items        Presumption of     85 FR 51603, 8/20/
                          Guangzhou, China.             subject to the       denial.            20. 87 FR 6026,
                                                        EAR, see Sec.                           2/3/22. 87 FR
                                                        Sec.   734.9(e)                         [INSERT FR PAGE
                                                        \1\ and 744.11 of                       NUMBER AND 9/9/
                                                        the EAR \2\                             22].
                         Huawei Cloud Guiyang,         For all items        Presumption of     85 FR 51603, 8/20/
                          Guiyang, China.               subject to the       denial.            20. 87 FR 6026,
                                                        EAR, see Sec.                           2/3/22. 87 FR
                                                        Sec.   734.9(e)                         [INSERT FR PAGE
                                                        \1\ and 744.11 of                       NUMBER AND 9/9/
                                                        the EAR \2\                             22].
                         Huawei Cloud Hong Kong, Hong  For all items        Presumption of     85 FR 51603, 8/20/
                          Kong.                         subject to the       denial.            20. 85 FR 52901,
                                                        EAR, see Sec.                           8/27/20. 86 FR
                                                        Sec.   734.9(e)                         12531, 3/4/21.
                                                        \1\ and 744.11 of                       87 FR 6026, 2/3/
                                                        the EAR \2\                             22. 87 FR
                                                                                [INSERT FR PAGE
                                                                                NUMBER AND 9/9/
                                                                                22].
                         Huawei Cloud Shanghai,        For all items        Presumption of     85 FR 51603, 8/20/
                          Shanghai, China.              subject to the       denial.            20. 87 FR 6026,
                                                        EAR, see Sec.                           2/3/22. 87 FR
                                                        Sec.   734.9(e)                         [INSERT FR PAGE
                                                        \1\ and 744.11 of                       NUMBER AND 9/9/
                                                        the EAR \2\                             22].
                         Huawei Cloud Shenzhen,        For all items        Presumption of     85 FR 51603, 8/20/
                          Shenzhen, China.              subject to the       denial.            20. 87 FR 6026,
                                                        EAR, see Sec.                           2/3/22. 87 FR
                                                        Sec.   734.9(e)                         [INSERT FR PAGE
                                                        \1\ and 744.11 of                       NUMBER AND 9/9/
                                                        the EAR \2\                             22].
                         Huawei Device Co., Ltd.,      For all items        Presumption of     84 FR 22963, 5/21/
                          a.k.a., the following two     subject to the       denial.            19. 85 FR 29853,
                          aliases:                      EAR, see Sec.                           5/19/20. 85 FR
                         --Huawei Device; and           Sec.   734.9(e)                         36720, 6/18/20.
                         --Songshan Lake Southern       \1\ and 744.11 of                       85 FR 51603, 8/
                          Factory.                      the EAR \2\                             20/20. 87 FR
                         Dongguan, Guangdong, China                                             6026, 2/3/22. 87
                          and No. 2 Xincheng Avenue,                                            FR [INSERT FR
                          Songshan Lake Road,                                                   PAGE NUMBER AND
                          Dongguan City, Guangdong,                                             9/9/22].
                          China; and Songshan Lake
                          Base, Guangdong, China.
                         Huawei Device (Dongguan)      For all items        Presumption of     84 FR 22963, 5/21/
                          Co., Ltd., Dongguan,          subject to the       denial.            19. 85 FR 29853,
                          Guangdong, China.             EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                         Huawei Device (Hong Kong)     For all items        Presumption of     84 FR 22963, 5/21/
                          Co., Limited, Tsim Sha        subject to the       denial.            19. 85 FR 29853,
                          Tsui, Kowloon, Hong Kong.     EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 85 FR
                                                                                83769, 12/23/20.
                                                                                87 FR 6026, 2/3/
                                                                                22. 87 FR
                                                                                [INSERT FR PAGE
                                                                                NUMBER AND 9/9/
                                                                                22].

                         Huawei Device (Shenzhen)      For all items        Presumption of     84 FR 22963, 5/21/
                          Co., Ltd., Shenzhen,          subject to the       denial.            19. 85 FR 29853,
                          Guangdong, China and          EAR, see Sec.                           5/19/20. 85 FR
                          Building 2, Zone B, Huawei    Sec.   734.9(e)                         36720, 6/18/20.
                          Base, Bantian, Longgang       \1\ and 744.11 of                       85 FR 51603, 8/
                          District, Shenzhen, China.    the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                         Huawei International Co.,     For all items        Presumption of     84 FR 22963, 5/21/
                          Limited, Hong Kong.           subject to the       denial.            19. 85 FR 29853,
                                                        EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 85 FR
                                                                                83769, 12/23/20.
                                                                                87 FR 6026, 2/3/
                                                                                22. 87 FR
                                                                                [INSERT FR PAGE
                                                                                NUMBER AND 9/9/
                                                                                22].
                         Huawei Machine Co., Ltd.,     For all items        Presumption of     84 FR 22963, 5/21/
                          Dongguan, Guangdong, China.   subject to the       denial.            19. 85 FR 29853,
                                                        EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                         Huawei OpenLab Suzhou,        For all items        Presumption of     85 FR 51603, 8/20/
                          a.k.a., the following one     subject to the       denial.            20. 87 FR 6026,
                          alias:                        EAR, see Sec.                           2/3/22. 87 FR
                         --Huawei Suzhou OpenLab,       Sec.   734.9(e)                         [INSERT FR PAGE
                          Suzhou, China.                \1\ and 744.11 of                       NUMBER AND 9/9/
                                                        the EAR \2\                             22].
                         Huawei Software Technologies  For all items        Presumption of     84 FR 22963, 5/21/
                          Co., Ltd., Nanjing,           subject to the       denial.            19. 85 FR 29853,
                          Jiangsu, China.               EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                         Huawei Tech. Investment Co.,  For all items        Presumption of     84 FR 22963, 5/21/
                          Limited, Hong Kong.           subject to the       denial.            19. 85 FR 29853,
                                                        EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 85 FR
                                                                                83769, 12/23/20.
                                                                                87 FR 6026, 2/3/
                                                                                22. 87 FR
                                                                                [INSERT FR PAGE
                                                                                NUMBER AND 9/9/
                                                                                22].
                         Huawei Technical Service      For all items        Presumption of     84 FR 22963, 5/21/
                          Co., Ltd., China.             subject to the       denial.            19. 85 FR 29853,
                                                        EAR, see Sec.                           5/19/20. 85 FR
                                                        Sec.   734.9(e)                         36720, 6/18/20.
                                                        \1\ and 744.11 of                       85 FR 51603, 8/
                                                        the EAR \2\                             20/20. 87 FR
                                                                                6026, 2/3/22. 87
                                                                                FR [INSERT FR
                                                                                PAGE NUMBER AND
                                                                                9/9/22].
                         Huawei Technologies Co.,      For all items        Presumption of     84 FR 22963, 5/21/
                          Ltd., a.k.a., the following   subject to the       denial.            19. 84 FR 43495,
                          two aliases:                  EAR, see Sec.                           8/21/19. 85 FR
                         --Shenzhen Huawei              Sec.   734.9(e)                         29853, 5/19/20.
                          Technologies; and             \1\ and 744.11 of                       85 FR 36720, 6/
                         --Huawei Technology, and to    the EAR \2\                             18/20. 85 FR
                          include the following                                                 51603, 8/20/20.
                          addresses and the following                                           86 FR 71559, 12/
                          22 affiliated entities:                                               17/21. 87 FR
                         Addresses for Huawei                                                   6026, 2/3/22. 87
                          Technologies Co., Ltd.:                                               FR 8182, 2/14/
                          Bantian Huawei Base,                                                  22. 87 FR 21012,
                          Longgang District,                                                    4/11/22. 87 FR
                          Shenzhen, 518129, China;                                              [INSERT FR PAGE
                          and No. 1899 Xi Yuan Road,                                            NUMBER AND 9/9/
                          High-Tech West District,                                              22].
                          Chengdu, 611731; and C1,
                          Wuhan Future City, No. 999
                          Gaoxin Ave., Wuhan, Hebei
                          Province; and Banxuegang
                          Industrial Park, Buji
                          Longgang, Shenzhen,
                          Guangdong, 518129, China;
                          and R&D Center, No. 2222,
                          Golden Bridge Road, Pu Dong
                          District, Shanghai, China;
                          and Zone G, Huawei Base,
                          Bantian, Longgang District,
                          Shenzhen, China; and Tsim
                          Sha Tsui, Kowloon, Hong
                          Kong.
                         Affiliated entities:

                         Beijing Huawei Longshine
                          Information Technology Co.,
                          Ltd., a.k.a., the following
                          one alias:
                         --Beijing Huawei Longshine,
                          to include the following
                          subordinate. Q80-3-25R, 3rd
                          Floor, No. 3, Shangdi
                          Information Road, Haidian
                          District, Beijing, China.
                         Hangzhou New Longshine
                          Information Technology Co.,
                          Ltd., Room 605, No. 21,
                          Xinba, Xiachang District,
                          Hangzhou, China.
                         Hangzhou Huawei
                          Communication Technology
                          Co., Ltd., Building 1, No.
                          410, Jianghong Road,
                          Changhe Street, Binjiang
                          District, Hangzhou,
                          Zhejiang, China.
                         Hangzhou Huawei Enterprises,
                          No. 410 Jianghong Road,
                          Building 1, Hangzhou,
                          China.
                         Huawei Digital Technologies
                          (Suzhou) Co., Ltd., No. 328
                          XINHU STREET, Building A3,
                          Suzhou (Huawei R&D Center,
                          Building A3, Creative
                          Industrial Park, No. 328,
                          Xinghu Street, Suzhou),
                          Suzhou, Jiangsu, China.
                         Huawei Marine Networks Co.,
                          Ltd., a.k.a., the following
                          one alias:
                         --Huawei Marine;
                         HMN Technologies;
                         Huahai Zhihui Technology
                          Co., Ltd.; and
                         --HMN Tech.
                         Building R4, No. 2 City
                          Avenue, Songshan Lake
                          Science & Tech Industry
                          Park, Dongguan, 523808, and
                          No. 62, Second Ave., 5/F-6/
                          F, TEDA, MSD-B2 Area,
                          Tianjin Economic and
                          Technological Development
                          Zone, Tianjin, 300457,
                          China.
                         Huawei Mobile Technology
                          Ltd., Huawei Base, Building
                          2, District B, Shenzhen,
                          China.
                         Huawei Tech. Investment Co.,
                          U1 Building, No. 1899
                          Xiyuan Avenue, West Gaoxin
                          District, Chengdu City,
                          611731, China.
                         Huawei Technology Co., Ltd.