Federal Register/Vol. 85, No. 141/Wednesday, July 22, 2020
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Federal Register / Vol. 85, No. 141 / Wednesday, July 22, 2020 / Rules and Regulations 44159 FEDERAL HOUSING FINANCE ACTION: Final rule. ERC Entity List Decisions AGENCY Additions to the Entity List SUMMARY: This final rule amends the 12 CFR Part 1281 Export Administration Regulations This rule implements the decision of RIN 2590–AA82 (EAR) by adding eleven entities to the the ERC to add eleven entities to the Entity List. These eleven entities have Entity List. The eleven entities are being Federal Home Loan Bank Housing been determined by the United States added based on § 744.11 (License Goals Amendments Government to be acting contrary to the requirements that apply to entities foreign policy interests of the United acting contrary to the national security AGENCY: Federal Housing Finance or foreign policy interests of the United Agency. States and will be listed on the Entity List under the destination of the States) of the EAR. The eleven entities ACTION: Final rule; correction. People’s Republic of China (China). This are located in China. SUMMARY: The Federal Housing Finance rule also modifies or revises thirty-seven The ERC reviewed and applied Agency is making a non-substantive existing entries on the Entity List under § 744.11(b) (Criteria for revising the change to correct an erroneous the destination of China. Entity List) in making the determination amendatory instruction in the final rule to add these eleven entities to the Entity DATES: This rule is effective July 22, that published on June 25, 2020, List. Under that paragraph, persons for 2020. amending the existing Federal Home whom there is reasonable cause to Loan Bank Housing Goals regulation. FOR FURTHER INFORMATION CONTACT: believe, based on specific and DATES: This correction is effective Chair, End-User Review Committee, articulable facts, that they have been August 24, 2020. Office of the Assistant Secretary, Export involved, are involved, or pose a significant risk of being or becoming FOR FURTHER INFORMATION CONTACT: Ted Administration, Bureau of Industry and Wartell, Manager, Housing & Security, Department of Commerce, involved in, activities that are contrary to the national security or foreign policy Community Investment, (202) 649– Phone: (202) 482–5991, Email: ERC@ interests of the United States, along with 3157, [email protected]; Ethan bis.doc.gov. Handelman, Senior Policy Analyst, those acting on behalf of such persons, Housing and Community Investment, SUPPLEMENTARY INFORMATION: may be added to the Entity List. Paragraphs (b)(1) through (5) of § 744.11 (202) 649–3264, Ethan.Handelman@ Background fhfa.gov; or Marshall Adam Pecsek, provide an illustrative list of activities that could be contrary to the national Assistant General Counsel, Office of The Entity List (15 CFR, subchapter C, security or foreign policy interests of the General Counsel, (202) 649–3380, part 744, Supplement No. 4) identifies United States. [email protected]. These are not entities reasonably believed to be toll-free numbers. The telephone involved in, or to pose a significant risk For each of the eleven entities number for the Telecommunications of being or becoming involved in, described below, the ERC made the Device for the Deaf is (800) 877–8339. activities contrary to the national requisite determination under the The mailing address for each contact is: security or foreign policy interests of the standard set forth in § 744.11(b). Specifically, the ERC determined that Federal Housing Finance Agency, 400 United States. The Export the entities are engaging in or enabling 7th Street SW, Washington, DC 20219. Administration Regulations (EAR) (15 activities contrary to the foreign policy SUPPLEMENTARY INFORMATION: In FR Doc. CFR parts 730–774) impose additional interests of the United States. All eleven 2020–12345 appearing on page 38031 in license requirements on, and limit the entities have been implicated in human the Federal Register of Thursday, June availability of most license exceptions rights violations and abuses in the 25, 2020, the following correction is for, exports, reexports, and transfers (in implementation of China’s campaign of made: country) to listed entities. The license repression, mass arbitrary detention, On page 38052, in the first column, review policy for each listed entity is forced labor and high-technology amendatory instruction 6 is corrected to identified in the ‘‘License review surveillance against Uyghurs, Kazakhs, read as follows: policy’’ column on the Entity List, and ‘‘6. Amend § 1281.13 by:’’ and other members of Muslim minority the impact on the availability of license groups in the Xinjiang Uyghur Mark A. Calabria, exceptions is described in the relevant Autonomous Region (XUAR). Director, Federal Housing Finance Agency. Federal Register document adding Specifically, the ERC determined that [FR Doc. 2020–15076 Filed 7–21–20; 8:45 am] entities to the Entity List. BIS places Changji Esquel Textile Co. Ltd.; Hefei entities on the Entity List pursuant to BILLING CODE 8070–01–P Bitland Information Technology Co. part 744 (Control Policy: End-User and Ltd.; Hefei Meiling Co. Ltd.; Hetian End-Use Based) and part 746 Haolin Hair Accessories Co. Ltd.; Hetian DEPARTMENT OF COMMERCE (Embargoes and Other Special Controls) Taida Apparel Co., Ltd.; KTK Group; of the EAR. Nanjing Synergy Textiles Co. Ltd.; Bureau of Industry and Security The End-User Review Committee Nanchang O-Film Tech; and Tanyuan (ERC), composed of representatives of Technology Co. Ltd. are engaging in 15 CFR Part 744 the Departments of Commerce (Chair), activities contrary to the foreign policy [Docket No. 200715–0192] State, Defense, Energy and, where interests of the United States through appropriate, the Treasury, makes all the practice of forced labor involving RIN 0694–AI15 decisions regarding additions to, members of Muslim minority groups in the XUAR. The ERC also determined Addition of Certain Entities to the removals from, or other modifications to that Xinjiang Silk Road BGI and Beijing Entity List; Revision of Existing Entries the Entity List. The ERC makes all Liuhe BGI are enabling activities on the Entity List decisions to add an entry to the Entity List by majority vote and makes all contrary to the foreign policy interests AGENCY: Bureau of Industry and decisions to remove or modify an entry of the United States through conducting Security, Commerce. by unanimous vote. genetic analyses used to further the VerDate Sep<11>2014 16:35 Jul 21, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\22JYR1.SGM 22JYR1 jbell on DSKBBXCHB2PROD with RULES 44160 Federal Register / Vol. 85, No. 141 / Wednesday, July 22, 2020 / Rules and Regulations repression of Muslim minority groups in • Nanjing Synergy Textiles Co. Ltd.; Rulemaking Requirements the XUAR. • Tanyuan Technology Co. Ltd.; and Executive Orders 13563 and 12866 Pursuant to § 744.11(b) of the EAR, • Xinjiang Silk Road BGI. direct agencies to assess all costs and the ERC has determined that the benefits of available regulatory conduct of these eleven entities raises Modifications and Revisions to the alternatives and, if regulation is sufficient concern that prior review of Entity List necessary, to select regulatory exports, reexports or transfers (in- In this final rule, BIS is modifying approaches that maximize net benefits country) of all items subject to the EAR (including potential economic, involving these entities, and the each of the existing entries for the thirty-seven entities that were added to environmental, public health and safety possible imposition of license effects, distributive impacts, and conditions or license denials on the Entity List under the destination of China on October 9, 2019 (84 FR 54004) equity). Executive Order 13563 shipments to these entities, will emphasizes the importance of enhance BIS’s ability to prevent items and June 5, 2020 (85 FR 34505). Specifically, in light of the current quantifying both costs and benefits, of subject to the EAR from being used in reducing costs, of harmonizing rules, global pandemic, the license review activities contrary to the foreign policy and of promoting flexibility. This rule policy for these thirty-seven entries is interests of the United States. has been determined to be not being modified to reflect a policy of For the eleven entities identified significant for purposes of Executive case-by-case review for items subject to above that are being added to the Entity Order 12866. This rule is not an the EAR that are necessary to detect, List, BIS imposes a license requirement Executive Order 13771 regulatory action identify and treat infectious disease. for all items subject to the EAR and a because this rule is not significant under The license review policy for these license review policy of case-by-case Executive Order 12866. review for Export Control Classification entities otherwise remains the same. Notwithstanding any other provision Numbers (ECCNs) 1A004.c, 1A004.d, In addition, this final rule revises two of law, no person is required to respond 1A995, 1A999.a, 1D003, 2A983, 2D983, entries for entities on the Entity List to or be subject to a penalty for failure and 2E983. A policy of case-by-case under the destination of China. BIS is to comply with a collection of review also applies to items designated revising the entity name in the entry for information, subject to the requirements as EAR99 that are described in the Note ‘‘Xinjiang Uighur Autonomous Region of the Paperwork Reduction Act of 1995 to ECCN 1A995, specifically, items for (XUAR) People’s Government Public (44 U.S.C. 3501 et seq.) (PRA), unless protection against chemical or biological Security Bureau,’’ which was added to that collection of information displays a agents that are consumer goods, the Entity List on October 9, 2019 (84 currently valid Office of Management packaged for retail sale or personal use, FR 54004), and revising an address in and Budget (OMB) Control Number.