83416 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations under Docket No. FAA–2020–1102. DATES: This rule is effective December illustrative list of activities that could be Those special conditions were 18, 2020. considered contrary to the national published in the Federal Register on FOR FURTHER INFORMATION CONTACT: security or foreign policy interests of the December 11, 2020 (85 FR 79826). Chair, End-User Review Committee, United States. Those special conditions pertain to the Office of the Assistant Secretary, Export This rule implements the decision of Bell Textron Canada Limited Model 505 Administration, Bureau of Industry and the ERC to add seventy-seven entities, helicopter, as modified by Garmin Security, Department of Commerce, under a total of seventy-eight entries, to International, Inc., with the installation Phone: (202) 482–5991, Fax: (202) 482– the Entity List; one of these entities is of an autopilot and stability 3911, Email: [email protected]. being added under two entries. These augmentation system. The effective date SUPPLEMENTARY INFORMATION: seventy-seven entities will be listed on was inadvertently omitted from the final the Entity List under the following special conditions. This correction Background destinations, as applicable, China, includes the effective date for those The Entity List (supplement No. 4 to Bulgaria, France, Germany, Hong Kong, special conditions. There are no part 744 of the Export Administration Italy, Malta, Pakistan, Russia, and the substantive changes to the document. Regulations (EAR)) identifies entities for U.A.E. The ERC made the decision to which there is reasonable cause to add each of the seventy-seven entities Issued in Fort Worth, Texas. described below under the standard set Jorge Castillo, believe, based on specific and articulable facts, that the entities have forth in § 744.11(b) of the EAR. Manager, Rotorcraft Standards Branch, Policy been involved, are involved, or pose a The ERC determined that the seventy- and Innovation Division, Aircraft seven subject entities are engaging in or Certification Service. significant risk of being or becoming involved in activities contrary to the enabling activities contrary to U.S. [FR Doc. 2020–28325 Filed 12–18–20; 11:15 am] national security or foreign policy national security and foreign policy BILLING CODE 4910–13–P interests of the United States. The EAR interests, as follows: (15 CFR parts 730–774) impose Semiconductor Manufacturing International Corporation Incorporated additional license requirements on, and (SMIC) is added to the Entity List as a DEPARTMENT OF COMMERCE limit the availability of most license result of China’s military-civil fusion exceptions for, exports, reexports, and (MCF) doctrine and evidence of Bureau of Industry and Security transfers (in-country) to listed entities. activities between SMIC and entities of The license review policy for each listed concern in the Chinese military 15 CFR Part 744 entity is identified in the ‘‘License industrial complex. The Entity List review policy’’ column on the Entity [Docket No. 201215–0347] designation limits SMIC’s ability to List, and the impact on the availability acquire certain U.S. technology by RIN 0694–AI37 of license exceptions is described in the requiring exporters, reexporters, and in- relevant Federal Register notice adding country transferors of such technology Addition of Entities to the Entity List, entities to the Entity List. BIS places Revision of Entry on the Entity List, to apply for a license to sell to the entities on the Entity List pursuant to company. Items uniquely required to and Removal of Entities From the part 744 (Control Policy: End-User and Entity List produce semiconductors at advanced End-Use Based) and part 746 technology nodes 10 nanometers or AGENCY: Bureau of Industry and (Embargoes and Other Special Controls) below will be subject to a presumption Security, Commerce. of the EAR. of denial to prevent such key enabling The End-User Review Committee ACTION: Final rule. technology from supporting China’s (ERC), composed of representatives of military modernization efforts. This rule SUMMARY: In this rule, the Bureau of the Departments of Commerce (Chair), adds SMIC and the following ten Industry and Security (BIS) amends the State, Defense, Energy and, where entities related to SMIC: Semiconductor Export Administration Regulations appropriate, the Treasury, makes all Manufacturing International (Beijing) (EAR) by adding seventy-seven entities, decisions regarding additions to, Corporation; Semiconductor under a total of seventy-eight entries, to removals from, or other modifications to Manufacturing International (Tianjin) the Entity List. These seventy-seven the Entity List. The ERC makes all Corporation; Semiconductor entities have been determined by the decisions to add an entry to the Entity Manufacturing International (Shenzhen) U.S. Government to be acting contrary List by majority vote and all decisions Corporation; SMIC Semiconductor to the national security or foreign policy to remove or modify an entry by Manufacturing (Shanghai) Co., Ltd.; interests of the United States. These unanimous vote. SMIC Holdings Limited; Semiconductor entities will be listed on the Entity List ERC Entity List Decisions Manufacturing South China under the destinations of the People’s Corporation; SMIC Northern Integrated Republic of China (China), Bulgaria, Additions to the Entity List Circuit Manufacturing (Beijing) Co., France, Germany, Hong Kong, Italy, Under § 744.11(b) (Criteria for Ltd.; SMIC Hong Kong International Malta, Pakistan, Russia, and the United revising the Entity List) of the EAR, Company Limited; SJ Semiconductor; Arab Emirates (U.A.E.). This rule also entities for which there is reasonable and Ningbo Semiconductor revises one existing entry on the Entity cause to believe, based on specific and International Corporation (NSI). list under the destination of China and articulable facts, that the entities have The ERC determined to add the one under the destination of Pakistan. been involved, are involved, or pose a entities AGCU Scientech; China Finally, this rule removes a total of four significant risk of being or becoming National Scientific Instruments and entities under the destinations of Israel involved in activities that are contrary Materials (CNSIM); DJI; and Kuang-Chi and the U.A.E. The removals are made to the national security or foreign policy Group for activities contrary to U.S. in connection with requests for removal interests of the United States, and those foreign policy interests. Specifically, that BIS received pursuant to the EAR acting on behalf of such entities, may be these four entities have enabled wide- and a review of information provided in added to the Entity List. Paragraphs scale human rights abuses within China those requests. (b)(1) through (5) of § 744.11 provide an through abusive genetic collection and VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 83417 analysis or high-technology Equipment Co., Ltd. to the Entity List that necessitates prior review of exports, surveillance, and/or facilitated the for acquiring and attempting to acquire re-exports or transfers (in-country) of export of items by China that aid U.S.-origin items in support of programs items subject to the EAR involving these repressive regimes around the world, for the People’s Liberation Army. This persons and companies. contrary to U.S. foreign policy interests. activity is contrary to national security The ERC determined to add the The ERC determined that China and foreign policy interests under entities Zigma Aviation Services; MRS Communications Construction section 744.11(b) of the EAR. GmbH; France Tech Services; Company Ltd. has enabled China to The ERC determined to add the entity Maintenance Services International reclaim and militarize disputed outposts Tongfang Technology Ltd. (NucTech) to GmbH; and Satori Corporation to the in the South China Sea, which has been the Entity List for its involvement in Entity List on the basis of actions and detrimental to U.S. national security. In activities that are contrary to the activities they have engaged in that are particular, this entity has engaged in national security interests of the United contrary to the national security and reclaiming land at Mischief Reef, which States. Specifically, the ERC determined foreign policy interests of the United pursuant to a July 12, 2016, ruling by NucTech’s lower performing equipment States. Specifically, these companies the Hague-based Permanent Court of impair U.S. efforts to counter illicit provided aircraft parts, without the Arbitration, was determined to be part international trafficking in nuclear and necessary licenses, to one entity— of the Philippine exclusive economic other radioactive materials. Lower Mahan Air—that is listed as a Specially zone and continental shelf. In addition, performing equipment means less Designated National per the U.S. the ERC determined that Chongqing stringent cargo screening, raising the Department of Treasury’s Office of Chuandong Shipbuilding Industry Co., risk of proliferation. Foreign Assets Control. Ltd.; CSSC Huangpu Wenchong The ERC determined that Beijing The ERC determined to add OOO Shipbuilding Co., Ltd.; Guangxin University of Posts and