BIS Amends Entity List for Certain China and Russia Entities

(This final rule is the second of three rules to amend the Export Administration Regulations implement additional changes to the Entity List (Supplement No. 4 to Part 744) on the basis of the annual review of the Entity List conducted by the End-User Review Committee (ERC).

The first rule amended certain entities in Hong Kong, Egypt, and Israel. The third rule, which will likely be published in early 2011, will implement the remaining results of the annual review. See ITT's Online Archives or 05/28/10 news, 10052829, for BP summary of the first rule.)

Removal of Five Russian Entities, Eliminates License Requirement

The following five entities in Russia are being removed from the Entity List in parallel with the removal of the sanctions imposed pursuant to Sections 4(b), 4(c) and 4(d) of Executive Order 12938:

1. Baltic State Technical University, 1/21, 1-ya Krasnoarmeiskaya Ul., 198005, St. Petersburg
2. Glavkosmos, 9 Krasnoproletarskaya St., 103030 Moscow
3. Medeleyev University of Chemical Technology of Russia (including at 9 Miusskaya Sq. Moscow 125047, Russia)
4. Moscow Aviation Institute (MAI) (including at 4 Volokolamskoye Shosse, Moscow 125871, Russia)
5. Tula Instrument Design Bureau (all locations, including at Tula 300001, Russia)

The removal of these five entities from the Entity List eliminates the existing license requirement in Supplement No. 4 to 15 CFR Part 744 for exports, reexports and transfers (in-country) to these five entities.

(BIS notes that their removal from the Entity List does not relieve persons of other obligations under 15 CFR Part 744 or under other parts of the EAR.)

Modifications to 3 Russia Entities

BIS' final rule amends the following three Russian entries currently on the Entity List by adding additional addresses, aliases or clarifying the names for the entities listed:

(1) All-Union Scientific Research Institute of Experimental Physics - six aliases added

(2) All-Russian Scientific Research Institute of Technical Physics - seven aliases added and address amended

(3) Federal Atomic Power of Russia (Rusatom) (any entities, institutes, or centers associated with) - name clarified and three aliases added

Modifications to 18 China Entities

BIS' final rule also amends the following 18 Chinese entries currently on the Entity List by adding additional addresses, aliases or clarifying the names for the entities listed:

(1) 13 Institute, China Academy of Launch Vehicle Technology (CALT) - four aliases added

(2) 33 Institute - three aliases added

(3) 35 Institute - four aliases added

(4) 54th Research Institute of China - two aliases added

(5) Baotou Guanghua Chemical Industrial Corporation (Parent Organization: China National Nuclear Group Corporation (CNNC)) - name clarified and five aliases added

(6) Beijing Aerospace Automatic Control Institute (BICD) - four aliases added

(7) Beijing Institute of Structure and Environmental Engineering (BISE) - alias added

(8) Beijing Power Machinery Institute - three aliases added

(9) Beijing University of Aeronautics and Astronautics (BUAA) - address amended

(10) Chinese Academy of Engineering Physics (CAEP) - three aliases added

(11) First Department, Chinese Academy of Launch Vehicle Technology (CALT) - three aliases added

(12) Northwest Institute of Nuclear Technology in the Science Research (NINT), Xi’an, Shanxi - name clarified

(13) Northwestern Polytechnical University - three aliases added and address amended

(14) Shanghai Academy of Spaceflight Technology (SAST) - name clarified and four aliases added

(15) Shanghai Institute of Space Power Sources - three aliases added

(16) Southwest Research Institute of Electronics Technology - three aliases added

(17) Xi’an Research Institute of Navigation Technology - two aliases added

(18) Xiangdong Machinery Factory, within the China Aerospace Science and Industry Corp’s (CASIC) Third Academy - name clarified and four aliases added

(A BIS license is required for the export, reexport or transfer (in-country) of any item subject to the EAR to the persons above on the Entity List, including any transaction in which the listed entity will act as purchaser, intermediate consignee, ultimate consignee, or end-user of the items. This listing of these entities also prohibits the use of license exceptions (see 15 CFR Part 740) for exports, reexports and transfers (in-country) of items subject to the EAR involving this entity.)

Savings Clause

Shipments of items removed from eligibility for a License Exception or export or reexport without a license (NLR) as a result of this regulatory action that were on dock for loading, on lighter, laden aboard an exporting or reexporting carrier, or en route aboard a carrier to a port of export or reexport, on December 17, 2010, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export or reexport without a license (NLR) so long as they are exported or reexported before January 3, 2011. Any such items not actually exported or reexported before midnight, on January 3, 2011, require a license in accordance with this rule.

BIS contact - Karen Nies-Vogel (202) 482-5991

(D/N 101102553-0553-01, FR Pub 12/17/10)