petroleum engineering thesis

Table 1—Cross Walk for § 740.19( b )(1) Through (17) Redesignations

USC Catalogue 2024-2025 Return to: USC Viterbi School of Engineering     HEDCO (HED) Chemical Engineering Building 216 (213) 740-9338 Email: [email protected] chems.usc.edu Chair: Andrea Hodge, PhD Associate Chair: Noah Malmstadt, PhD Director of Petroleum: Iraj Ershaghi, PhD Director of Graduate Programs : Kristian Jessen, PhD Choong Hoon Cho Chair: Jay Lee, PhD M.C. Gill Chair in Composite Materials: Steve Nutt, PhD Ray Irani Chair in Chemical Engineering and Materials Science: Andrea M. Armani, PhD Zohrab A. Kaprielian Dean’s Chair: Yannis Yortsos, PhD Philip and Cayley MacDonald Endowed Early Career Chair: Jayakanth Ravichandran, PhD Omar B. Milligan Chair in Petroleum Engineering: Iraj Ershaghi, PhD, PE N.I.O.C. Chair: Muhammad Sahimi, PhD* Robert E Vivian Chair: Theo Tsotsis, PhD Dean’s Professor in Chemical Engineering and Materials Science: Michael Kassner, PhD Dean’s Professor in Chemical Engineering and Materials Science: Priya Vashishta, PhD Flour Professor in Engineering: Andrea Hodge, PhD Kenneth T. Norris Professor: Anupam Madhukar, PhD Robert E. Vivian Professor: Charles Zukoski, PhD N.I.O.C. Fellow: Behnam Jafarpour, PhD Zohrab A Kaprielian Fellow: Pin Wang, PhD Professors: Andrea Armani, PhD; Iraj Ershaghi, PhD; Malancha Gupta, PhD; Andrea Hodge, PhD; Behnam Jafarpour, PhD; Kristian Jessen, PhD; Rajiv Kalia, PhD; Michael Kassner, PhD; Jay Lee, PhD; Anupam Madhukar, PhD; Noah Malmstadt, PhD; Steve Nutt, PhD; Richard Roberts, PhD; Muhammad Sahimi, PhD*; Theo Tsotsis, PhD; Priya Vashishta, PhD; Pin Wang, PhD; Yannis Yortsos, PhD; Charles Zukoski, PhD Associate Professors: Nicholas Graham, PhD; Shaama Mallikarjun Sharada, PhD; Jayakanth Ravichandran, PhD Associate Professor of Chemical Engineering and Materials Science: Lessa Grunenfelder, PhD Associate Professor of Petroleum Engineering Practice: Jincai Chang, PhD Assistant Professors: Paulo Branicio, PhD; Birendra Jha, PhD; Zhenglu Li, PhD; Yu-Tsun Shao, PhD; Luis Francisco Villalobos, PhD; Wade Zeno, PhD Senior Lecturer : Ken-Ichi Nomura, PhD Adjunct Professor: Faruk Civan, PhD Adjunct Associate Professor of Petroleum Engineering Practice: Andrei Popa, PhD Adjunct Assistant Professor: Nikhil Kar, PhD Part-Time Lecturers: Virgil Adumitroaie, PhD; Michael Hahn; PhD; Davood Khairkhah, PhD; Andre Kovach, PhD; Robello Samuel, PhD Joint Appointments: Edward Crandall, PhD, MD (Medicine) ; Stacey Finley, PhD (Biomedical Engineering) ; Martin Gundersen, PhD (Electrical and Computer Engineering) ; Rajiv Kalia, PhD (Physics and Astronomy) ; Terence Langdon, PhD (Aerospace and Mechanical Engineering) ; Jerry S.H. Lee, PhD (Medicine) ; Brent Merlot, PhD ( Chemistry ); Surya Prakash, PhD (Chemistry) ; Ishwar Puri, PhD (Aerospace and Mechanical Engineering) ; Richard Roberts, PhD (Chemistry) ; Mark Thompson, PhD (Chemistry) ; Arieh Warshel, PhD (Chemistry) Emeritus Professors: Elmer L. Dougherty; Ed Kwock Goo, PhD; Katherine Shing, PhD*; Peter Will, PhD (Astronautical Engineering, Industrial and Systems Engineering) *Recipient of university-wide or school teaching award Affiliated Student Organizations : WiSE (Women in Science & Engineering); Chem-E Car, AiChE (American Institute of Chemical Engineers); SPE (Society of Petroleum Engineers); MRS (Materials Research Society) WChE (Women in Chemical Engineering) Degree Requirements Undergraduate emphasis in petroleum & subsurface engineering (bachelor of science in chemical engineering). See the listing under Chemical Engineering   . Undergraduate Minor:  Petroleum Engineering     Engineer in petroleum engineering. Requirements for the Engineer degree in petroleum engineering are the same as set forth in the general requirements. See general requirements    for graduate degrees. Graduate Degrees: Masters, PhD Students with an interest in petroleum engineering may work toward a Masters or PhD degree. This degree is awarded in conformity with the general requirements of the Viterbi School of Engineering. The specific courses that constitute an acceptable program must be approved in advance by the administering department. •  Petroleum Engineering Minor Master’s Degree •  Petroleum Engineering (Digital Oilfield Technologies) (MS) •  Petroleum Engineering (MS) Dual Degree •  Master of Science, Petroleum Engineering/Master of Science, Engineering Management (MS/MS) Doctoral Degree •  Petroleum Engineering (PhD) Petroleum Engineering •  PTE 202x Energy and Society •  PTE 390 Special Problems •  PTE 411 Introduction to Transport Processes in Porous Media •  PTE 412x Petroleum Reservoir Engineering •  PTE 461 Formation Data Sensing with Well Logs •  PTE 462 Economic, Risk and Formation Productivity Analysis •  PTE 463L Introduction to Transport Processes in Porous Media •  PTE 464L Modeling and Simulation of Subsurface Flow Systems •  PTE 465L Drilling Technology and Subsurface Methods •  PTE 466 Petroleum Geology •  PTE 490x Directed Research •  PTE 499 Special Topics •  PTE 500 Computational Reservoir Modeling •  PTE 502 Applied Subsurface Characterization and Engineering •  PTE 503 Technology of Unconventional Oil and Gas Resources Development •  PTE 504 Geophysics for Petroleum Engineers •  PTE 505 Inverse Modeling for Dynamic Data Integration •  PTE 506 Geothermal Reservoirs •  PTE 507 Engineering and Economic Evaluation of Subsurface Reservoirs •  PTE 508 Numerical Simulation of Subsurface Flow and Transport Processes •  PTE 509 High-Resolution Simulations of Porous Media Flows •  PTE 511 Advanced Phase Behavior of Petroleum Reservoir Fluids •  PTE 512 Subsurface Carbon and Energy Storage •  PTE 514 Drilling Engineering •  PTE 515 Natural Gas Engineering •  PTE 517 Testing of Wells and Aquifers •  PTE 519 Integrated Physical and Cyber Security for Oil and Gas Operations •  PTE 520 Mathematical Methods for Deep Learning •  PTE 531 Enhanced Oil and Gas Recovery •  PTE 542 Carbonate Rocks •  PTE 545 Corrosion Control in Petroleum Production •  PTE 555 Well Completion, Stimulation, and Damage Control •  PTE 572L Applied Geostatistical Modeling for Subsurface Characterization •  PTE 574 Optimization Methods for Subsurface Energy Systems •  PTE 575 Data-Driven Modeling for Physical Systems •  PTE 578 Advanced Production Engineering •  PTE 581 Environmental Technology in the Petroleum Industry •  PTE 582 Fluid Flow and Transport Processes in Porous Media •  PTE 586 Deep Learning for Energy Engineering •  PTE 587 Smart Completions, Oilfield Sensors and Sensor Technology •  PTE 588 Smart Oilfield Data Mining •  PTE 589 Advanced Oilfield Operations with Remote Immersive Visualization and Control •  PTE 590 Directed Research •  PTE 591 Petroleum Geochemistry •  PTE 592 Geomechanics for Energy and Environment •  PTE 594 Formation Damage in Petroleum Reservoirs •  PTE 594a Master’s Thesis •  PTE 594b Master’s Thesis •  PTE 594z Master’s Thesis •  PTE 599 Special Topics •  PTE 611 Stochastic Modeling and Simulation •  PTE 690 Directed Research •  PTE 790 Research •  PTE 794a Doctoral Dissertation •  PTE 794b Doctoral Dissertation •  PTE 794c Doctoral Dissertation •  PTE 794d Doctoral Dissertation •  PTE 794z Doctoral Dissertation Petroleum Engineering: Thesis & Dissertation Online Resources Reading List Additional Reference Research & Citation Thesis & Dissertation Professional Organisation Journal Citation Reports (JCR) Jack up Platform Jacket Platform LNG Carrier Semi Submersible Single Point Anchor Reservoir (SPAR) Adjunct Lecture IRC UTP Resources UTP Publications ( Click UTPedia picture to browse the content) UTPedia (UTP - Electronic and Digitized Intellectual Asset) is the repository of all university's intellectual asset in a form of thesis, dissertation, examination question paper and final year project report. UTPedia stores more than 7 thousands thesis of collection from year 2000 and it is growing.  UTPedia accesible via Browse content of UTP using Year, Subject, Department and Author. 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Subscribed Theses & Dissertation Click ProQuest logo to proceed with search page Complete collection of Theses and Dissertation from around the world Online guide: please click here Malaysian Theses MyTO  lists theses collection from public universities and selected private universities. Free Online Theses & Dissertation (Click EThOS picture to browse the content) e-theses online service provides free full text of UK Theses  ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- TROVE  is a free repository from The National Library of Australia's with almost a million Australian Theses available for users.  Official Link, Click  here Need assistance/ help? Click here   Need More Help??? Telephone Number: 05-3688486 (Circulation Counter) | 05-3688488 (User Advisory Desk)|  Email:  irc@utp. edu.my  | IRC Website:  ulibrary.utp.edu.my  | UTP Website:  www.utp.edu.my Twitter  |  Facebook  |  Instagram  | Online FAQ  | IRC Enquiry Form << Previous: Research & Citation Next: Professional Organisation >> Last Updated: Jun 19, 2024 11:12 AM URL: https://libguides.utp.edu.my/pe_page RSC Advances Predicting micropollutant removal through nanopore-sized membranes using several machine-learning approaches based on feature engineering. * Corresponding authors a Interdisciplinary Research Centre for Membranes and Water Security, King Fahd University of Petroleum and Minerals, Dhahran, Saudi Arabia E-mail: [email protected] b Department of Mechanical Engineering, King Fahd University of Petroleum and Minerals, Dhahran 31261, Saudi Arabia c Department of Chemical Engineering, King Fahd University of Petroleum and Minerals, Dhahran 31261, Saudi Arabia Predicting the efficacy of micropollutant separation through functionalized membranes is an arduous endeavor. The challenge stems from the complex interactions between the physicochemical properties of the micropollutants and the basic principles underlying membrane filtration. This study aimed to compare the effectiveness of a modest dataset on various machine learning tools (ML) tools in predicting micropollutant removal efficiency for functionalized reverse osmosis (RO) and nanofiltration (NF) membranes. The inherent attributes of both the micropollutants and the membranes are utilized as input factors. The chosen ML tools are supervised algorithm (adaptive network-based fuzzy inference system (NF), linear regression framework (linear regression (LR)), stepwise linear regression (SLR) and multivariate linear regression (MVR)), and unsupervised algorithm (support vector machine (SVM) and ensemble boosted tree (BT)). The feature engineering and parametric dependency analysis revealed that characteristics of micropollutants, such as maximum projection diameter (MaxP), minimal projection diameter (MinP), molecular weight (MW), and compound size (CS), exhibited a notably positive impact on the correlation with removal efficiency. Model combination with key variables demonstrated high prediction accuracy in both supervised and unsupervised ML for micropollutant removal efficiency. An NF-grid partitioning (NF-GP) model achieved the highest accuracy with an R 2 value of 0.965, accompanied by low error metrics, specifically an RMSE and MAE of 3.65. It is owed to the handling of the complex spatial and temporal aspects of micropollutant data through division into consistent subsets facilitating improved identification of rejection efficiency and relationships. The inclusion of inputs with both negative and positive correlations introduces variability, amplifies the system responsiveness, and impedes the precision of predictive models. This study identified key micropollutant properties, including MaxP, MinP, MW, and CS, as crucial factors for efficient micropollutant rejection during real-time filtration applications. It also allowed the design of pore size of self-prepared membranes for the enhanced separation of micropollutants from wastewater. Transparent peer review To support increased transparency, we offer authors the option to publish the peer review history alongside their article. View this article’s peer review history Article information Download Citation Permissions. L. T. Yogarathinam, S. I. Abba, J. Usman, D. U. Lawal and I. H. Aljundi, RSC Adv. , 2024,  14 , 19331 DOI: 10.1039/D4RA02475C This article is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported Licence . 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Theses and Dissertations — 2019 Student Advisor(s) Thesis/Dissertation Title Veerabhadra Sasikanth Denduluri Riser Gas Behavior in Deepwater Wells - An Experimental Study of Taylor Bubble Rising in Stagnant Column of Liquid with Drilling Mud Properties Nadia Menouar Model-Driven Approach to Identifying the ISIP and Quantifying Friction Losses in Hydraulic Fracture Treatments Xinwei Xiong Optimization of Injection Well Placement for Waterflooding in Heterogeneous Reservoirs using Artificial Neural Networks Coupled with Reservoir Simulation Yidan Zhu Waterflooding Management and Identifying IOR Opportunities in a Mature Reservoir Student Advisor(s) Thesis/Dissertation Title Abdullah Bilal Predicting Static Data Using Dynamic Data and Quantitative Sample Characterization Mariia Bychina Model for Linear Flow Observed Before Closure in Diagnostic Fracture Injection Tests Mohab Dessouki Failure Mechanisms in Thick-Walled Cylinder Tests: Numerical and Laboratory Analyses on the Role of Plasticity and Borehole Size on Near Cavity Deformations Wenfeng Li Upscaling the Geomechanical Properties of Shale Formations from Drill Cuttings Guofan Luo Single Well Completion and Management Strategies for Enhanced Recovery of Tight Oil Using Miscible Gas Injection Ebru Unal Development of a New Diagnostic Tool by Wavelet Transform & Applications to Stimulation and Waterflooding Operations Ben Xu Shale Gas Production Forecasting using Reservoir Simulation with Hydraulic Fracture Mapping Message from the Chair Strategic Plan UH Calendar Open Positions Student Organizations Faculty Expertise Facilities and Laboratories Centers and Consortia Theses and Dissertations Industrial Relations PETR Majors PETR Minors Accreditation Research Resources Costs & Financial Aid Scholarships Masters of PETR (Courses Only) M.S. in PETR (Thesis Option) Ph.D. Program Dual M.S. 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FOR FURTHER INFORMATION CONTACT: Supplementary information:, i. background, a. export controls implemented against russia and belarus, b. overview of this final rule, ii. amendments to the ear, a. additional export control measures against russia and belarus, b. consolidation of russia and belarus sanctions into a single section, c. additions to the entity list and changes to the entity list structure, d. confirmation of the standard used in connection with actions involving the availability of license exceptions and clarification of the scope of a commodity subject to the russian and belarusian industry sanctions, savings clause, export control reform act of 2018, rulemaking requirements, list of subjects, 15 cfr part 734, 15 cfr part 740, 15 cfr part 744, 15 cfr parts 746 and 774, part 734—scope of the ear, supplement no. 2 to part 734—guidelines for de minimis rules, part 740—license exceptions, part 744—control policy: end-user and end-use based, supplement no. 4 to part 744—entity list, supplement no. 5 to part 744—procedures for end-user review committee entity list and `military end user' (meu) list decisions, part 746—embargoes and other special controls, supplement no. 2 to part 746—russian and belarusian industry sector sanction list pursuant to § 746.8(a)(4), supplement no. 3 to part 746—countries excluded from certain license requirements of §§ 746.6, 746.7, and 746.8, supplement no. 4 to part 746—russian and belarusian industry sector sanctions pursuant to § 746.8(a)(5), supplement no. 5 to part 746—‘luxury goods’ sanctions for russia and belarus pursuant to § 746.8(a)(7), supplement no. 6 to part 746—russian and belarusian industry sector sanctions pursuant to § 746.8(a)(6), supplement no. 7 to part 746—items that require a license under § 746.6 when destined to the temporarily occupied crimea region of ukraine, under § 746.7 when destined to iran, and under § 746.8 when destined to russia or belarus, part 774—the commerce control list, supplement no. 1 to part 774—the commerce control list, license requirements, list based license exceptions (see part 740 for a description of all license exceptions), list of items controlled, enhanced content - submit public comment. 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Official Content View printed version (PDF) This PDF is the current document as it appeared on Public Inspection on 06/12/2024 at 10:30 am. It was viewed 0 times while on Public Inspection. If you are using public inspection listings for legal research, you should verify the contents of the documents against a final, official edition of the Federal Register. Only official editions of the Federal Register provide legal notice of publication to the public and judicial notice to the courts under 44 U.S.C. 1503 & 1507 . Learn more here . Bureau of Industry and Security, Department of Commerce. Final rule. In this final rule, the Bureau of Industry and Security (BIS) makes changes to the Russia and Belarus sanctions under the Export Administration Regulations (EAR). This final rule imposes additional export control measures against Russia and Belarus by expanding the scope of items identified under two EAR supplements that are subject to the EAR's Russian and Belarusian industry sector sanctions; imposing a “software” license requirement for certain EAR99-designated “software” when destined to or within Russia or Belarus; and narrowing the scope of commodities and software that may be authorized for export, reexport, or transfer (in-country) to or within Russia or Belarus under License Exception Consumer Communications Devices (CCD). To promote clarity and facilitate compliance, this final rule also consolidates the EAR's Russian and Belarus sanctions into a single section, while maintaining the existing related regulatory supplements identifying items that are subject to certain of those sanctions. This final rule also amends the EAR by adding five entities and eight addresses to the Entity List and making changes to the Entity List structure. These entries are listed on the Entity List under the destinations of the People's Republic of China (China) and Russia and have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. Lastly, this final rule makes two additional revisions to the EAR: one to confirm the criteria used when revising, suspending, or revoking EAR license exceptions and one revision to clarify the control status of fasteners for purposes of the EAR's Russian and Belarusian industry sector sanctions. This rule is effective on June 12, 2024, except for amendatory instruction 14, which is effective September 16, 2024. For general questions on this final rule, contact Collmann Griffin, Senior Policy Advisor, International Policy Office, Bureau of Industry and Security, Department of Commerce, Phone: 202-482-1430, Email: [email protected] . For questions on the Entity List changes in this final rule, contact Chair, End-User Review Committee, Office of the Assistant Secretary for Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Email: [email protected] . For emails, include “Russia and Belarus, June 2024 export control measures” in the subject line. In response to Russia's February 2022 full-scale invasion of Ukraine, BIS imposed extensive sanctions on Russia under the EAR as part of the final rule, “Implementation of Sanctions Against Russia Under the Export Administration Regulations (EAR)” (“Russia Sanctions Rule”) ( 87 FR 12226 , March 3, 2022). To address Belarus's complicity in the invasion, BIS imposed similar sanctions on Belarus under the EAR in a final rule, “Implementation of Sanctions Against Belarus” (“Belarus Sanctions Rule”) ( 87 FR 13048 , March 6, 2022). During the last two years, BIS has published a number of additional final rules strengthening the export controls on Russia and Belarus, including measures undertaken in coordination with U.S. allies and partners. In this final rule, BIS makes changes to the Russia and Belarus sanctions under the EAR along with certain changes that are not specific to those two countries. Certain of these changes (see section II.A) are designed to better protect U.S. national security and foreign policy interests by expanding the scope of the current sanctions. Others (see sections II.B and C) will promote clarity and facilitate compliance. The four sets of changes this final rule makes are described in section II as follows: A. Additional export control measures against Russia and Belarus; B. Consolidation of Russia and Belarus sanctions into a single section; C. Additions to the Entity List and changes to the Entity List structure; and D. Confirmation of the standard used in connection with actions involving the availability of license exceptions and clarification of the scope of a commodity subject to the Russian and Belarusian industry sanctions. This final rule imposes additional export control measures against Russia and Belarus by expanding the scope of items that are subject to the Russian and Belarusian industry sector sanctions under supplement nos. 4 and 6 to part 746 (see section II.A.1 and II.A.2); imposing a “software” license requirement for certain EAR99-designated “software” when destined for Russia or Belarus; and narrowing the scope of commodities and software that may be authorized for export, reexport, or transfer (in-country) to or within Russia and Belarus under License Exception CCD. 1. Expansion of Russian and Belarusian industry sector sanctions by adding items to supplement no. 4 to part 746 consistent with the objective to undermine Russia's and Belarus's industrial bases and their ability to continue to support Russia's military aggression in Ukraine. This rule expands the list of items set forth in supplement no. 4 to part 746 (Russian and Belarusian Industry Sector Sanctions Pursuant to § 746.5(a)(1)(ii)) (this final rule relocates the restrictions of § 746.5(a)(1)(ii) to § 746.8(a)(5)), as detailed below in section II.B.2. Specifically, this rule adds 522 additional Harmonized Tariff Schedule (HTS)-6 Code entries to supplement no. 4; consequently, these items will now require a license for export to, reexport to, or transfer (in-country) within Russia or Belarus under § 746.8(a)(5). Restrictions on these industrial items are intended to further undermine the Russian and Belarusian industrial bases and their ability to continue to support Russia's military aggression in Ukraine. The complete list of 522 new HTS-6 Codes this rule adds to supplement no. 4 are identified in amendatory instruction 18. Through the addition of these HTS codes, BIS intends to further limit Russia's access to items of potential military significance and expand the economic impact of controls that will deny Russia additional resources it needs to continue waging war. Items controlled through amendments made by this rule were identified based on a review of public and non-public information regarding which items Start Printed Page 51645 Russia seeks to further its war against Ukraine, an evaluation of areas in which U.S. trade has continued to provide an economic benefit to Russia, and an assessment of how the United States could further degrade Russia's war effort. With these new controls, BIS also further minimizes opportunities for the circumvention of U.S. export controls on Russia and Belarus through misclassification of the HTS-6 code. Supplement no. 4 to part 746 will now cover, with the addition of these 522 HTS-6 codes, items subject to the EAR classified under all HTS codes in 18 additional chapters of HTS codes. Making these additions will minimize situations where persons could seek to circumvent export license requirements by changing the classification of an item that requires a license to the classification of an item in a similar HTS code that does not require a license. BIS estimates these changes to supplement no. 4 to part 746 will result in an additional five license applications submitted to BIS annually. 2. Expansion of Russian and Belarusian industry sector sanctions by adding items to supplement no. 6 to part 746 consistent with the objective to undermine Russia's and Belarus's industrial bases and their ability to continue to support Russia's military aggression in Ukraine. In supplement no. 6 to part 746 (Russian and Belarusian Industry Sector Sanctions Pursuant to § 746.5(a)(1)(iii)) (this final rule relocates the restrictions of § 746.5(a)(1)(iii) to § 746.8(a)(6)), this final rule adds a new paragraph (h) to control certain riot control agents that are isomers of CS (o-Chlorobenzylidenemalononitrile or o-Chlorobenzalmalononitrile) (CAS 2698-41-1); CN (Phenylacyl chloride or w-Chloroacetophenone) (CAS 532-27-4); or Oleoresin Capsicum (CAS 8023-77-6). Specifically, paragraphs (h)(1) through (10) describe these riot control agents that will be controlled under the EAR's Russian and Belarusian industry sector sanctions. These chemicals meet the definition of riot control agents under Article II (paragraph 7) of the Chemical Weapons Convention (CWC). These expanded controls will supplement the existing Commerce Control List (CCL) controls under ECCNs 1A984 and 1C607; in particular, they will address Russia's use of riot control agents as a method of warfare against Ukrainian forces in violation of the CWC. See May 1, 2024 State Department Fact Sheet announcing the imposition of sanctions on Russia under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, available at https://www.state.gov/​imposing-new-measures-on-russia-for-its-full-scale-war-and-use-of-chemical-weapons-against-ukraine-2/​ . BIS estimates these changes to supplement no. 6 to part 746 will result in one additional license application submitted to BIS annually. 3. Imposing a license requirement for certain EAR99-designated “software” when destined to or within Russia or Belarus. Prior to this final rule, apart from certain software described in paragraph (g)(9) in supplement no. 6 to part 746, the Russian and Belarusian industry sector sanctions (in prior § 746.5(a)(1)(iii)) did not extend to software and the license requirements under § 746.8(a)(1) did not extend to EAR99-designated software. This final rule strengthens the Russian and Belarusian export control measures by adding a new paragraph (a)(8) ( EAR99-designated software ) to § 746.8. These changes to paragraph (a)(8) described under amendment 14 will go into effect on September 16, 2024. New paragraph (a)(8)(i) specifies that a license is required to export, reexport, or transfer (in-country) to or within Russia or Belarus any EAR99-designated software described in paragraph (a)(8)(ii). New paragraph (a)(8)(ii) will apply to the following types of EAR99-designated “software:” Enterprise resource planning (ERP); customer relationship management (CRM); business intelligence (BI); supply chain management (SCM); enterprise data warehouse (EDW); computerized maintenance management system (CMMS); project management software, product lifecycle management (PLM); building information modelling (BIM); computer aided design (CAD); computer-aided manufacturing (CAM); and engineering to order (ETO). New paragraph (a)(8)(ii) includes a sentence to specify that the license requirement also includes software updates of software identified in paragraph (a)(8)(ii), which will enhance the effectiveness of this control because of the need for regular software updates to ensure proper software functionality. BIS also has added a new paragraph (a)(12)(iv) in § 746.8 to exclude entities exclusively operating in the medical or agricultural sectors from this software license requirement. These changes to paragraph (a)(12)(iv) also described under amendment 14 will go into effect on September 16, 2024. BIS estimates these changes to § 746.8(a)(8), which take into account the new exclusion added under § 746.8(a)(12)(iv), will result in an additional 5 license applications submitted to BIS annually. 4. Narrowing the scope of eligible commodities and software under License Exception CCD for Russia and Belarus. In § 740.19 (Consumer Communications Devices (CCD)), this final rule revises paragraph (b) (Eligible commodities and software) to limit the scope of eligible commodities and software that may be authorized for export, reexport, or transfer (in-country) under this section to and within Russia and Belarus. This final rule does so by revising the paragraph (b) introductory text to specify that the commodities and software described in revised paragraphs (b)(1) through (8) are eligible for export, reexport, and transfer (in-country) to or within Russia and Belarus, as well as to or within Cuba, and by adding a sentence to the end of the paragraph (b) introductory text to specify that commodities and software described in paragraphs (b)(9) through (18) are eligible for export, reexport, or transfer (in-country) under this section to or within Cuba only. This final rule also revises paragraphs (b)(1) through (17) accordingly, so that all the commodities and software that are eligible for Russia, Belarus, and Cuba are described under paragraphs (b)(1) through (8) and those that are eligible for Cuba only are in paragraphs (b)(9) through (18). The redesignation of these paragraphs will make it easier for exporters, reexporters, and transferors to identify the commodities and software that may be eligible for License Exception CCD for export, reexport, or transfer (in-country) to or within each of these three countries. This final rule does not otherwise revise the scope of eligible items in paragraphs (b)(1) through (17), with the exception of paragraph (b)(15) (batteries, chargers, carrying cases and accessories for the equipment described in paragraphs (b)(1) through (5) of this section that are designated EAR99). Specifically, this final rule separates the contents of this paragraph into two paragraphs by adding paragraph (b)(6) to describe batteries, chargers, carrying cases, and accessories for the equipment described in paragraphs (b)(1) through (5) of this section that are designated EAR99, and adding a separate paragraph (b)(18) to describe batteries, chargers, carrying cases, and accessories for the equipment described in paragraphs (b)(8) through (17) of this section that are designated EAR99. BIS estimates these changes to § 740.19 will result in an additional 10 license applications submitted to BIS annually. To further assist exporters and other parties in understanding the changes to Start Printed Page 51646 § 740.19(b)(1) through (17), BIS includes a cross walk in Table 1 below:
Original paragraph (b) designation	Paragraph (b) redesignation in this final rule	Eligible for Russia, Belarus, and Cuba	Eligible only for Cuba
(b)(1)	No change	X
(b)(2)	(b)(9)		X
(b)(3)	(b)(10)		X.
(b)(4)	(b)(3)	X
(b)(5)	(b)(4)	X
(b)(6)	(b)(11)		X.
(b)(7)	(b)(12)		X.
(b)(8)	(b)(5)	X
(b)(9)	(b)(2)	X
(b)(10)	(b)(13)		X.
(b)(11)	(b)(7)	X
(b)(12)	(b)(14)		X.
(b)(13)	(b)(15)		X.
(b)(14)	(b)(16)		X.
(b)(15)	(b)(18) and (b)(6)	Yes, for (b)(6)	Yes, for (b)(18).
(b)(16)	(b)(8)	X
(b)(17)	(b)(17)		X.
N/A	(b)(18) (Newly added paragraph, but substance was formerly in (b)(15))		X.

1. Consolidation. The embargoes, sanctions, and special controls implemented under the EAR are contained in part 746 of the EAR. For countries such as Cuba, North Korea, and Syria, there is a single section under part 746 that imposes embargo or country-specific sanctions. With respect to the export control measures against Russia and Belarus, BIS took a different approach, with certain controls added to new part 746 sections after the initial February 2014 Russian invasion of the Crimea region of Ukraine and various export control measures added to those existing part 746 sections, along with expansive measures imposed under new part 746 sections, as well as, in response to the February 2022 full-scale invasion of Ukraine and continuing Russian aggression against Ukraine. Prior to this final rule, license requirements for exports, reexports, and transfers (in-country) to or within Russia and Belarus added in or after February 2022 were primarily found in three sections in part 746 of the EAR: §§ 746.5 (for a variety of industrial goods), 746.8 (mostly for items on the Commerce Control List and items caught by the Russia and Belarusian-related foreign direct product rules), and 746.10 (for `luxury goods'). In this final rule, all of these license requirements are being consolidated into a revised and expanded § 746.8. Specifically, license requirements from former § 746.8 are now found in paragraphs (a)(1) through (3) of § 746.8; license requirements from former § 746.5 are now found in paragraphs (a)(4) through (6) of § 746.8; and license requirements from former § 746.10 are now found in paragraph (a)(7) of § 746.8.

BIS has undertaken this consolidation in light of the increasingly wide-ranging and complex nature of the export control measures against Russia and Belarus. A single section under § 746.8 that specifies the EAR's Russia and Belarus restrictions should enhance clarity and facilitate compliance. However, in the interest of maintaining certain aspects of the current regulatory structure governing these restrictions, the applicable supplements identifying items continue to be in force, namely, the Russian and Belarusian industry sector sanctions under supplement nos. 2, 4, and 6 to part 746, and the `Luxury Goods' sanctions under supplement no. 5 to part 746. Nor has BIS made any changes to supplement nos. 3 and 7 to part 746, supplements that relate to other Russia and Belarus restrictions.

To implement this consolidation, this final rule removes and reserves §§ 746.5 (Russian and Belarusian industry sector sanctions) and 746.10 (`Luxury goods' sanctions against Russia and Belarus and Russian and Belarusian oligarchs and malign actors). The contents and related restrictions in those two EAR sections will now be located in the consolidated § 746.8, which with this final rule will become the primary part 746 section implementing export controls on Russia and Belarus.

For now, as noted above, the EAR will continue to maintain three supplements for industrial goods (supplement nos. 2, 4, and 6 to part 746) and one supplement for `luxury goods' (supplement no. 5 to part 746). However, because controls on `luxury goods' destined for certain Russian and Belarusian oligarchs and malign actors worldwide were removed from § 746.10 and added to § 744.8 of the EAR on March 21, 2024 (see 89 FR 20115 , Mar. 21, 2024) as part of a broader action consolidating various end-user controls, the license requirements for `luxury goods' now are effectively the same destination-based controls that apply to license requirements for items covered under other HTS-6 codes described in the three industrial goods lists set forth in supplement nos. 2, 4, and 6 to part 746, respectively. In future amendments to the EAR, BIS may consider consolidating these three lists, but has decided to keep them separate for now. To assist with compliance, BIS is also posting a list of all HTS codes set forth in supplement nos. 2, 4, and 5 to part 746 in downloadable XML format, available at https://www.bis.gov/​russia-belarus_​export_​controls_​resources#downloadable-compliance-resources .

In addition to consolidating various Russia and Belarus export, reexport, and transfer (in-country) licensing requirements in § 746.8, this final rule adds the applicable exclusions that were formerly set forth in §§ 746.5, 746.8 and 746.10 to paragraph (a)(12) of § 746.8 of the EAR. These exclusions include ones that apply for certain deemed exports or reexports, certain transactions involving mass market encryption commodities Start Printed Page 51647 and software destined to U.S. companies, and transactions from the Global Export Control Coalition (GECC) members described in supplement no. 3 to part 746 of the EAR. Specifically, the exclusion for deemed exports and reexports has been added to paragraph (a)(12)(i), the exclusion for mass market encryption commodities and software has been added to paragraph (a)(12)(ii), and the exclusion for members of the GECC has been added to paragraph (a)(12)(iii). The introductory text of paragraph (a) of § 746.8 will now reference paragraph (a)(12) containing these three sets of exclusions. This consolidation and reformatting of these requirements is intended to improve consistency and clarity, the objectives also met by the broader consolidation of the related licensing requirements.

Prior to this final rule, §§ 746.5, 746.8, and 746.10 of the EAR each contained instructional text that established an order of review among these three sections to clarify how to review each section in conjunction with the CCL and other sections of the EAR. Such review was necessary because a single HTS-6 code may cover both items that are classified under Export Control Classification Numbers (ECCN) on the CCL and items designated EAR99, and there may consequently be overlapping export controls that apply to an item in that HTS-6 code depending on how such item is classified. In this final rule, this order of review instructional text is being moved to the paragraph (a) introductory text in revised § 746.8, which will consolidate the licensing requirements previously set forth in three separate part 746 sections. This final rule also consolidates the three applicable licensing policies under the revised § 746.8(b) and consolidates the license exception availability contents previously found in §§ 746.5, 746.8, and 746.10 under the revised § 746.8(c). BIS estimates these conforming changes described in section II.B.1 will not result in any additional license applications submitted to BIS annually.

2. Conforming changes relating to the consolidation of the Russia and Belarus sanctions into a single part 746 section.

This final rule makes conforming changes to various provisions of the EAR to reflect the fact that the substantive contents formerly set forth in §§ 746.5 and 746.10 ( e.g., licensing requirements and related license application review policies) are being consolidated with the requirements under § 746.8. Because §§ 746.5 and 746.10 are referenced in other EAR provisions, this final rule revises those EAR provisions (as described in section II.B.2). BIS estimates these conforming changes described in section II.B.2 will not result in any additional license applications submitted to BIS annually.

In supplement no. 2 to part 734—Guidelines for De Minimis Rules, this final rule revises the third sentence of paragraph (a)(1) to make a conforming change to remove the references to §§ 746.8(a)(5) and 746.10(a)(3) and add in its place a reference to § 746.8(b)(3)(ii).

In supplement no. 4 to part 744—Entity List, this final rule revises 85 existing entries, consisting of one entry under Cyprus, 83 entries under Russia, and one entry under Switzerland that reference § 746.5, and updates the reference to § 746.8.

In part 746, this final rule revises supplement nos. 2, 3, 4, and 6 to part 746 that reference §§ 746.5 or 746.10 and updates the reference to § 746.8.

In supplement no. 1 to part 774, this final rule amends eight ECCNs: 0A998, 1C992, 3A229, 3A231, 3A232, 6A991, 8A992, and 8D999 by removing the reference to § 746.5 and adding in its place references to § 746.8. In addition to the license requirements that are applicable under the Russian and Belarusian industry sector sanctions, all exports, reexports, and transfers (in-country) to or within Russia and Belarus also require a license under § 746.8(a)(1) because these items are classified under ECCNs. Lastly, this rule revises the Related Controls paragraph under ECCN 1C992 to make minor clarifications to the text for clarity.

1. Background. The Entity List (supplement no. 4 to part 744 of the EAR ( 15 CFR parts 730 through 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, pursuant to § 744.11(b). The EAR impose additional license requirements on, and limit the availability of, most license exceptions for exports, reexports, and transfers (in-country) when a listed entity is a party to the transaction. The license review policy for each listed entity is identified in the “License Review Policy” column on the Entity List, and the impact on the availability of license exceptions is described in the relevant Federal Register document that added the entity to the Entity List. BIS places entities on the Entity List pursuant to parts 744 (Control Policy: End-User and End-Use Based) and 746 (Embargoes and Other Special Controls) of the EAR. The End-User Review Committee (ERC), composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List. The ERC makes all decisions to add an entry to the Entity List by majority vote and makes all decisions to remove or modify an entry by unanimous vote.

2. Additions to the Entity List and changes to the Entity List structure.

i. Additions to the Entity List.

The ERC determined to add Advantage Trading Co. Limited, Duling Technology (HK) Limited, and FY International Trading, all under the destination of China, to the Entity List. These companies have procured components, including U.S.-origin components, that are used to develop and produce Shahed-series UAV's, which have been used by Russia in Ukraine. This activity is contrary to U.S. national security and foreign policy interests under §§ 744.11 and 744.21 of the EAR. These entities will receive a footnote 3 designation because the ERC has determined that they are Russian or Belarusian `military end users' in accordance with § 744.21. A footnote 3 designation subjects these entities to the Russia/Belarus-Military End User Foreign Direct Product (FDP) rule, detailed under § 734.9(g). These entities are added with a license requirement for all items subject to the EAR. License applications will be reviewed under a policy of denial for all items subject to the EAR, other than applications for food and medicine designated as EAR99, which will be reviewed on a case-by-case basis.

The ERC determined to add Shenzhen Daotong Intelligent Aviation Technology Co., Ltd., under the destination of China, to the Entity List. This entity is involved in the shipment of controlled items to Russia since Russia's invasion of Ukraine in February 2022 as well as acquiring and attempting to acquire U.S.-origin items, applicable to unmanned aerial vehicles, to be used by Chinese military entities. These activities are contrary to the national security and foreign policy interests of the United States under § 744.11 of the EAR. Licenses will be required for all items subject to the EAR. License applications will be reviewed with a license review policy of presumption of denial.

The ERC determined to add eight addresses under the destination of China to the Entity List. These addresses Start Printed Page 51648 are associated with significant transshipment of sensitive goods to Russia. BIS has verified that these addresses are associated with a significant number of entities, whose activities risk violating the EAR. These risks include associations with parties on the Entity List or the Unverified List at the listed addresses. These activities are contrary to U.S. national security and foreign policy interests under § 744.11 of the EAR. Licenses will be required for all entities at these addresses for all items on the Commerce Control List and supplement no. 7 of section 746 of the EAR and subject to the EAR. License applications will be reviewed with a license review policy of presumption of denial.

The ERC determined to add LLC Volgogradpromproyekt, under the destination of Russia, to the Entity List. This addition is being made because the ERC has determined that LLC Volgogradpromproyekt has been involved with, contributes to, and supports the Russian military and defense sectors and companies that have been added to the BIS Entity List and the Treasury Department's List of Specially Designated Nationals and Blocked Persons. Specifically, LLC Volgogradpromproyekt have sold a variety of chemicals for use in the activities of these Russian military and defense sectors and companies. This activity is contrary to the national security and foreign policy interests of the United States under § 744.11 and this entity qualifies as a military end user under § 744.21(g) of the EAR. This entity is receiving a Footnote 3 designation because the ERC has determined that it is a Russian or Belarusian `military end user' pursuant to § 744.21. A Footnote 3 designation subjects this entity to the Russia/Belarus-Military End User Foreign Direct Product (FDP) rule, detailed in § 734.9(g). The entity is added with a license requirement for all items subject to the EAR and a license review policy of denial for all items subject to the EAR apart from food and medicine designated as EAR99, which will be reviewed on a case-by-case basis.

BIS estimates these additions to the Entity List will not result in any additional license applications submitted to BIS annually.

For the reasons described above, this final rule adds the following five entities and eight addresses under thirteen entries to the Entity List and includes, where appropriate, aliases:

• Address 01;
• Address 02;
• Address 03;
• Address 04;
• Address 05;
• Address 06;
• Address 07;
• Address 08;
• Advantage Trading Company Limited;
• Duling Technology (HK) Limited;
• FY International Trading Company; and
• Shenzhen Daotong Intelligent Aviation Technology Co., Ltd.
• LLC Volgogradpromproyekt.

ii. Entity List Structural Changes.

International transshipment through shell companies presents an export control compliance problem that cannot always be addressed effectively through conventional Entity List additions. Shell companies can easily be dissolved and reformed to evade sanctions and export controls because they lack non-cash assets, employees, fixed addresses, business reputations, or other features that would incentivize the pursuit of longevity. Shell companies rely on service providers to enable them, with addresses that can be listed on corporate paperwork, mailboxes where they can receive shipments, temporary office space, or accounting and other services necessary to engage in trade activity.

When BIS lists shell companies on the Entity List, it is often at the address of these service providers, though BIS has traditionally avoided listing the service providers by name because that name will not appear on export control paperwork and may remain unknown to the seller of items subject to the EAR. Nonetheless, some of these addresses present a high diversion risk for controlled items and appear multiple times on the Entity List or Unverified List under different company names.

While BIS has said that involvement of a company co-located with a listed entity presents a red flag in export transactions, there are some situations where a more definite license requirement is warranted for addresses that are repeatedly used by companies engaged in activity contrary to U.S. national security or foreign policy interests. This rule is intended to address those situations by enabling BIS to publish high diversion risk addresses on the Entity List, thus triggering a license requirement for all entities who use that address. The goal of this rule is to more effectively combat unlawful diversion and to incentivize a stronger awareness of export compliance among the corporate service provider industries that facilitate trade through shell companies.

To facilitate adding the addresses detailed above, BIS is revising § 744.16, which describes, among other things, the license requirements, license exceptions, and license review policy for entities added to the Entity List. This rule adds paragraph (f) to § 744.16. Under paragraph (f) ( Addresses with High Diversion Risk ), BIS may identify by address an entity (or multiple entities) on the Entity List that presents a high risk of diversion without an associated entity name. As with other entries on the Entity List, these entries will detail the license requirements, license review policies, and restrictions on the use of license exceptions; however, the entry will apply to all entities using that address, other than entities with their own separate entry at that same address, in which case the more specific entry will apply. Prior to this rule, the license requirement applied to the entity listed by name on the Entity List. BIS will include as much identifying information as possible for any such address listed on the Entity List under this policy. As a conforming change, BIS is adding reference to addresses of persons or changing references from entities to entries in the introductory text in supplements 4 and 5 to part 744.

For ease of compliance and administrative purposes, the entries that consist of an address only will be titled “Address #,” where # represents a number in a sequence of address entries. This pattern will apply to each destination for which there is an address-only entry.

Beyond entries that consist of an address only, given the risk of diversion from multiple listed entities using the same address, when a party to a transaction uses the same address as ( e.g., is co-located with) a listed entity, the address is a red flag and the exporter, reexporter, and transferor must undertake sufficient due diligence to verify that the entity co-located with the listed entity is not, in fact, the listed entity and is not acting on behalf of the listed entity. This is similar to red flag guidance BIS has issued on listed entities.

The final rule also makes additional changes to §§ 744.11 and 744.16 where needed to reflect the addition of paragraph (f) under § 744.11. These changes broaden the sentences that use the phrase “entities listed on the Entity List” to reflect that these provisions also apply to addresses that present a high diversion risk listed on the Entity List.

BIS estimates these changes described in section II.C will not result in any additional license application submitted to BIS annually. Start Printed Page 51649

This final rule makes revisions to two existing provisions of the EAR. First, this final rule specifies the standard used by BIS when revising, suspending, or revoking the use of EAR license exceptions, which applies to all license exceptions, destinations, and users of such license exceptions. By making this standard explicit, BIS provides transparency to exporters, reexporters, and transferors that may seek to utilize license exceptions in various destinations. In the section below, BIS provides some examples in the Russia context and in contexts involving other destinations in which BIS either has (or may) exercise this authority to revise, suspend, or revoke the use of license exceptions to protect U.S. national security or foreign policy interests. Second, this final rule makes a clarification regarding the control status of fasteners as it relates to the Russian and Belarusian industry sector sanctions. BIS estimates these changes described in section II.D will not result in any additional license application submitted to BIS annually.

1. Specifying the standard that governs when revising, suspending, or revoking EAR license exceptions.

BIS is responsible for protecting U.S. national security and foreign policy interests under the EAR. EAR license exceptions (part 740) are authorizations to engage in activity that otherwise requires a license and play an important role in the EAR control structure. In § 740.2 (Restrictions on all License Exceptions), this final rule revises paragraph (b) to specify the standard under which BIS may revise, suspend, or revoke a license exception, in whole or in part, without notice. Specifically, this final rule adds text to confirm (and render explicit) the fact that BIS may make such revisions, suspensions, or revocations to protect U.S. national security or foreign policy interests, consistent with the policy considerations in Section 1752 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4811 ). In order to protect U.S. national security and foreign policy interests, BIS has broad authority to make revisions, suspensions, or revocations that apply to specific entities (including natural persons) or take action that affects all transactions involving a particular destination. For example, BIS may revoke a license exception for a particular foreign airline that changes its ownership structure to circumvent the national security and foreign policy objectives underlying the restrictions on the use of License Exception AVS for temporary sojourns to Russia in § 746.8 of the EAR. As another example, BIS may revoke license exception availability for a company under investigation for fraudulent use of license exceptions on export control documents to avoid scrutiny of its shipments. BIS may also revoke multiple license exceptions for transactions involving particular countries, as it did in June 2020 for Hong Kong after new security measures were imposed that undermined Hong Kong's autonomy ( 85 FR 45998 , July 31, 2020), or as it did for Burma in March 2021 in response to that country's military coup ( 86 FR 13173 , March 8, 2021).

2. Clarification that the exclusion for fasteners for the “parts,” “components,” “accessories,” and “attachments” does not apply to fasteners that are specified under one of the HTS-6 codes specified in the respective supplements.

In supplement nos. 2, 4, 5, and 7, this final rule adds a sentence to clarify the scope of the exclusion for fasteners ( e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin) in the three supplements. Fasteners are identified in an exclusion from the scope of this control, but a clarification is needed because certain fasteners will now be described under HTS-6 Codes under supplement no. 4 with the additions made in this final rule and some of the HTS-Codes in supplement nos. 2, 4, 5, and 7 also identify certain fasteners, and are therefore included within the scope of the controls. This final rule clarifies the scope of the exclusion by adding a new third sentence to each of these three supplements to specify that the exclusion of fasteners from this control does not apply to fasteners that are designated under an HTS Code that is specified in that supplement. This final rule also adds the word `generally' before the term fasteners in each of the three supplements to clarify that the exclusion for fasteners has limits. This final rule also adds the word `and' before the term `washers' to clarify that in all cases a washer, spacer, insulator, grommet, bushing, spring, wire, or solder is excluded from the scope of these three supplements regardless of the HTS Code or HTS description.

For the changes being made in this final rule, shipments of items removed from eligibility for a License Exception or export, reexport, or transfer (in-country) without a license (NLR) as a result of this regulatory action that were en route aboard a carrier to a port of export, reexport, or transfer (in-country), on June 12, 2024, pursuant to actual orders for export, reexport, or transfer (in-country) to or within a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export, reexport, or transfer (in-country) without a license (NLR), provided the export, reexport, or transfer (in-country) is completed no later than on July 12, 2024.

On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which included the Export Control Reform Act of 2018 (ECRA) (codified, as amended, at 50 U.S.C. 4801-4852 ). ECRA provides the legal basis for BIS's principal authorities and serves as the authority under which BIS issues this rule.

1. BIS has examined the impact of this rule as required by Executive Orders 12866, 13563, and 14094, which 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 ( e.g., potential economic, environmental, public, health, and safety effects, distributive impacts, and equity). Pursuant to E.O. 12866 , as amended, this final rule has not been determined to be a “significant regulatory action.”

2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 ( 44 U.S.C. 3501 et seq. ) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This rule involves the following OMB-approved collections of information subject to the PRA:

• 0694-0088, “Simple Network Application Process and Multipurpose Application Form,” which carries a burden hour estimate of 29.4 minutes for a manual or electronic submission;
• 0694-0096 “Five Year Records Retention Period,” which carries a burden hour estimate of less than 1 minute; and
• 0607-0152 “Automated Export System (AES) Program,” which carries a burden hour estimate of 3 minutes per electronic submission. Start Printed Page 51650

BIS estimates that these new controls on Russia and Belarus under the EAR will result in an increase of twenty-one license applications submitted annually to BIS. However, the additional burden falls within the existing estimates currently associated with these control numbers. Additional information regarding these collections of information—including all background materials—can be found at https://www.reginfo.gov/​public/​do/​PRAMain by using the search function to enter either the title of the collection or the OMB Control Number.

3. This rule does not contain policies with federalism implications as that term is defined in E.O. 13132 .

4. Pursuant to section 1762 of ECRA ( 50 U.S.C. 4821 ), this action is exempt from the Administrative Procedure Act (APA) ( 5 U.S.C. 553 ) requirements for notice of proposed rulemaking, opportunity for public participation, and delay in effective date. While section 1762 of ECRA provides sufficient authority for such an exemption, this action is also independently exempt from these APA requirements because it involves a military or foreign affairs function of the United States ( 5 U.S.C. 553(a)(1) ).

5. Because neither the Administrative Procedure Act nor any other law requires that notice of proposed rulemaking and an opportunity for public comment be given for this rule, the analytical requirements of the Regulatory Flexibility Act ( 5 U.S.C. 601 et seq. ) are not applicable. Accordingly, no Final Regulatory Flexibility Analysis is required and none has been prepared.

• Administrative practice and procedure
• Inventions and patents
• Science and technology
• Reporting and recordkeeping requirements

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

1. The authority citation for part 734 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.; E.O. 12938 , 59 FR 59099 , 3 CFR , 1994 Comp., p. 950; E.O. 13020 , 61 FR 54079 , 3 CFR , 1996 Comp., p. 219; E.O. 13026 , 61 FR 58767 , 3 CFR , 1996 Comp., p. 228; E.O. 13222 , 66 FR 44025 , 3 CFR , 2001 Comp., p. 783; E.O. 13637 , 78 FR 16129 , 3 CFR , 2014 Comp., p. 223; Notice of November 1, 2023, 88 FR 75475 (November 3, 2023).

2. Supplement no. 2 to part 734 is amended by revising the third sentence of paragraph (a)(1) to read as follows:

(1) * * * For purposes of identifying U.S.-origin controlled content, you should consult the Commerce Country Chart in supplement no. 1 to part 738 of the EAR and controls described in part 746 of the EAR (excluding U.S.-origin content that meets the criteria in § 746.7(a)(1)(v) or § 746.8(a)(12)(iii)(B)). * * *

3. The authority citation for part 740 continues to read as follows:

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

4. Section 740.2 is amended by revising paragraph (b) to read as follows:

(b) All License Exceptions are subject to revision, suspension, or revocation, in whole or in part, without notice to protect U.S. national security or foreign policy interests. BIS may stop a shipment or an export, reexport, or (in-country) transaction at any stage of its progress, e.g., in order to prevent an unauthorized export, reexport, or transfer (in-country). If a shipment is already en route, BIS may order the return or unloading of the shipment at any port of call.

5. Section 740.19 is amended by revising paragraph (b) to read as follows:

(b) Eligible commodities and software. Commodities and software in paragraphs (b)(1) through (8) of this section are eligible for export, reexport, or transfer (in-country) under this section to and within Cuba, Russia, and Belarus. Commodities and software in paragraphs (b)(9) through (18) of this section are eligible for export, reexport, or transfer (in-country) to Cuba only.

(1) Consumer computers, tablets, and peripherals including microphones, speakers, and headphones designated EAR99 or classified under Export Control Classification Numbers (ECCN) 5A992.c or 4A994.b;

(2) Mobile phones, including cellular and satellite telephones, personal digital assistants, and subscriber information module (SIM) cards, accessories for such devices and similar devices classified under ECCNs 5A992.c or 5A991 or designated EAR99; drivers and connectivity software for such hardware designated EAR99 or classified under ECCN 5D992.c;

(3) Monitors classified under ECCN 5A992.c or designated EAR99;

(4) Printers, including multifunctional printers, classified under ECCN 5A992.c or designated EAR99;

(5) Keyboards, mice, and similar devices designated EAR99;

(6) Batteries, chargers, carrying cases, and accessories for the equipment described in paragraphs (b)(1) through (5) of this section that are designated EAR99;

(7) Consumer “information security” equipment, “software” (except “encryption source code”), such as firewalls, virtual private network clients, antivirus, user authentication, password managers, identification verification, and peripherals classified under ECCNs 5A992.c or 5D992.c or designated EAR99;

(8) Consumer “software” (except “encryption source code”) classified under ECCNs 4D994, 5D991, or 5D992.c or designated EAR99 to be used for equipment described in paragraphs (b)(1) through (16) of this section;

(9) Consumer disk drives and solid-state storage equipment classified under ECCN 5A992 or designated EAR99;

(10) Graphics accelerators and graphics coprocessors designated EAR99;

(11) Modems, network interface cards, routers, switches, and WiFi access points, designated EAR99 or classified under ECCNs 5A992.c or 5A991; drivers, communications, and connectivity software for such hardware designated EAR99 or classified under ECCN 5D992.c;

(12) Network access controllers and communications channel controllers classified under ECCN 5A991.b.4, 5A992.c, or designated EAR99;

(13) Memory devices classified under ECCN 5A992.c or designated EAR99; Start Printed Page 51651

(14) Digital cameras (including webcams) and memory cards classified under ECCN 5A992 or designated EAR99;

(15) Television and radio receivers, set top boxes, video decoders, and antennas, classified under ECCNs 5A991, 5A992, or designated EAR99;

(16) Recording devices classified under ECCN 5A992 or designated EAR99;

(17) Commodities described under 3A991.p or 4A994.l; and

(18) Batteries, chargers, carrying cases, and accessories for the equipment described in paragraphs (b)(8) through (17) of this section that are designated EAR99.

Note 1 to paragraph (b):

In this paragraph, the term “consumer” refers to items that are:

1. Generally available to the public by being sold, without restriction, from stock at retail selling points by means of any of the following:

a. Over-the-counter transactions;

b. Mail order transactions;

c. Electronic transactions; or

d. Telephone call transactions; and

2. Designed for installation by the user without further substantial support by the supplier.

6. The authority citation for 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. 13026 , 61 FR 58767 , 3 CFR , 1996 Comp., p. 228; E.O. 13099 , 63 FR 45167 , 3 CFR , 1998 Comp., p. 208; E.O. 13222 , 66 FR 44025 , 3 CFR , 2001 Comp., p. 783; E.O. 13224 , 66 FR 49079 , 3 CFR , 2001 Comp., p. 786; Notice of September 7, 2023, 88 FR 62439 (September 11, 2023); Notice of November 1, 2023, 88 FR 75475 (November 3, 2023).

7. Amend § 744.11 by revising the section introductory text, paragraphs (a) introductory text, (b) introductory text, (b)(4)(i), and (c), to read as follows:

BIS may impose foreign policy export, re-export, and transfer (in-country) license requirements, limitations on availability of license exceptions, and set license application review policy based on the criteria in this section. Such requirements, limitations and policy are in addition to those set forth elsewhere in the EAR. License requirements, limitations on use of license exceptions, and license application review policies will be imposed under this section by adding an entity or an address that presents a high diversion risk ( see § 744.16(f) of this part) to the Entity List (supplement no. 4 to this part) with a reference to this section and by stating on the Entity List the license requirements and license application review policies that apply to that entity or address, or by informing an exporter, re-exporter, or transferor pursuant to paragraph (c) of this section that a specific entity or address is subject to a license requirement, limitations on use of license exceptions and license application review policies as specified in a specific notice provided to an exporter, re-exporter, or transferor. BIS may remove an entity from the Entity List if it is no longer engaged in the activities described in paragraph (b) of this section and is unlikely to engage in such activities in the future, or if it is no longer at significant risk of acting contrary to the national security or foreign policy interests of the United States as described therein. BIS may remove an address that presents a high diversion risk from the Entity List if the address is determined to no longer be a high diversion risk, for example if measures are undertaken to educate companies operating at those addresses on export compliance, or to effectively screen clients for diversion risk. BIS may modify the license exception limitations and license application review policies that apply to a particular entity or address that presents a high diversion risk to implement the policies of this section. BIS will implement the provisions of this section in accordance with the decisions of the End-User Review Committee or, if appropriate in a particular case, in accordance with the decisions of the body to which the End-User Review Committee decision is escalated. The End-User Review Committee will follow the procedures set forth in supplement no. 5 to this part.

(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, or any entity using an address identified on the Entity List as presenting a high risk of diversion to activities of concern, is a party to the transaction as described in § 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 or for an address that presents a high diversion risk that is used by a party to the transaction. Applications for licenses required by this section will be evaluated as stated in the relevant Entity List entry, in addition to any other applicable review policy stated elsewhere in the EAR.

(b) Criteria for revising the Entity List. Entities for which there is reasonable cause to believe, based on specific and articulable facts, that the entity or party to the transaction that is operating at an address that presents a high diversion risk has been involved, is involved, or poses a significant risk of being or becoming involved in activities that are contrary to the national security or foreign policy interests of the United States and those acting on behalf of such entities or conducting operations at an address that presents a high diversion risk may be added to the Entity List pursuant to this section. An entity or address that presents a high diversion risk may pose a significant risk through certain circumstances that may be outside of its own control or in the case of addresses with high diversion risk, outside the control of certain parties to the transaction operating at such address that presents a high diversion risk. Such circumstances that may place an entity or address that presents a high diversion risk include situations involving a sustained lack of cooperation by a host government authority, for example, by preventing an end-use check from being conducted, that effectively prevents BIS from determining compliance with the EAR. This section may not be used to place any U.S. person, as defined in § 772.1 of the EAR, on the Entity List. Paragraphs (b)(1) through (5) of this section provide an illustrative list of activities that could be or represent a significant risk of being contrary to the national security or foreign policy interests of the United States, including the foreign policy interest of the protection of human rights throughout the world.

(i) The entity or persons that own or control an address that presents a high diversion risk precluding access to; refusing to provide information about; or providing false or misleading information about parties to the transaction or the item to be checked. Start Printed Page 51652 The conduct in this example includes: expressly refusing to permit a check; providing false or misleading information; or engaging in dilatory or evasive conduct that effectively prevents the check from occurring or makes the check inaccurate or useless. A nexus between the conduct of the party or address that presents a high diversion risk to be listed and the failure to produce a complete, accurate and useful check is required, even though an express refusal by the party to be listed is not required; or

(c) Additional prohibition on persons informed by BIS. BIS may inform persons, either individually by specific notice or through amendment to the EAR, that a license is required for:

(1) A specific export, reexport, or transfer (in-country) because there is an unacceptable risk that the export, reexport, or transfer (in-country) is intended to circumvent the license requirement imposed on an entity or address that presents a high diversion risk listed in supplement no. 4 to this part; or

(2) The export, reexport, or transfer (in-country) of specified items to a certain party because there is an unacceptable risk that the party is acting as an agent, front, or shell company for an entity listed in supplement no. 4 to this part, or is otherwise assisting that listed entity in circumventing the license requirement set forth in that entity's entry in supplement no. 4 to this part; or

(3) The export, reexport, or transfer (in-country) of specified items to a certain party or address that presents a high diversion risk because there is reasonable cause to believe, based on specific and articulable facts, that the entity has been involved, is involved, or poses a significant risk of being or becoming involved in activities that are contrary to the national security or foreign policy interests of the United States, including the foreign policy interest of the protection of human rights throughout the world, and those acting on behalf of such entity or that an address that presents a high diversion risk of being used to divert items subject to the EAR to end-uses or end-users inconsistent with U.S. foreign policy or national security interests. Specific notice will be given only by, or at the direction of, the Principal Deputy Assistant Secretary for Strategic Trade and Technology Security or the Deputy Assistant Secretary for Strategic Trade. When such notice is provided orally, it will be followed by written notice within two working days signed by the Principal Deputy Assistant Secretary for Strategic Trade and Technology Security or the Principal Deputy Assistant Secretary's or Deputy Assistant Secretary's designee. The specific notice will include the license requirement, limitations on use of license exceptions, and license application review policy with which that exporter, re-exporter, or transferor must comply pursuant to this paragraph (c)(3). The ERC may add such entities or addresses that present a high diversion risk to the Entity List in supplement no. 4 to this part.

7. Section 744.16 is amended by:

a. Revising the introductory text;

b. Revising paragraphs (a), (b), (c)(1), (e) introductory text; and

c. Adding paragraph (f).

The addition and revisions read as follows:

The Entity List (supplement no. 4 to this part) identifies persons or addresses of persons reasonably believed to be involved, or to 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 entries are added to the Entity List pursuant to sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR.

(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 entry on the Entity List (supplement no. 4 to this part) when an entity associated with that entry or when any entity using an address of high diversion risk associated with that entry is a party to a transaction as described in § 748.5(c) through (f) of the EAR. The specific license requirement for each listed entity or address with high diversion risk 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 §§ 744.11(a)(1) and 772.1 of the EAR.

(b) License exceptions. No license exceptions are available for exports, reexports or transfers (in-country) to listed entities or addresses that present a high diversion risk of specified items, except license exceptions for items listed in § 740.2(a)(5) of the EAR destined to listed Indian or Pakistani entities to ensure the safety of civil aviation and safe operation of commercial passenger aircraft, and in the case of entities added to the Entity List pursuant to § 744.20, to the extent specified on the Entity List.

(1) General review policy. The license review policy for each listed entity or address that presents a high diversion risk is identified in the License Review Policy column on the Entity List.

(e) Removal or modification requests. Any entity listed on the Entity List or the owner or operator of any address that presents a high diversion risk listed on the Entity List may request that its listing be removed or modified. All such requests, including reasons therefor, must be in writing and sent to: Chair, End-User Review Committee, Bureau of Industry and Security, U.S. Department of Commerce, 14th Street and Pennsylvania Avenue NW, Room 3886, Washington, DC 20230.

(f) Addresses that present a high diversion risk. In limited circumstances, such as when multiple entities on the Entity List use the same address, or the name of an entity at a particular address is unknown to BIS, BIS may determine that such an address presents a high risk of diversion and publish the address on the Entity List without an associated entity name. These entries will apply license requirements, license review policies, and restrictions on the use of license exceptions for all entities using that address. When submitting a license application, the applicant should name the specific entity on the application. In the license application field for additional information, the applicant should state that the address is on the Entity List.

9. Amend supplement no. 4 to part 744 by:

b. Under CHINA, PEOPLE'S REPUBLIC OF by adding, in alphabetical order, entries for “Address 01”; “Address 02”; Address 03”; “Address 04”; “Address 05”; “Address 06”; “Address 07”; “Address 08”; “Advantage Trading Company Limited”; “Duling Technology (HK) Limited”; and “FY International Trading Company”; and “Shenzhen Daotong Intelligent Aviation Technology Co., Ltd.”;

c. Under CYPRUS, revising the entry for “Rosneft Trade Limited”;

d. Under RUSSIA, by:

i. Revising the entries for “Achim Development, OOO”; “CJSC Start Printed Page 51653 VANKORNEFT”; “Daltransgaz, OAO”; “Druzhba, AO”; “Gaz-Oil, OOO”; “Gazprom Dobycha Irkutsk, OOO”; “Gazprom Dobycha Krasnodar, OOO”; “Gazprom Dobycha Kuznetsk, OOO”; “Gazprom Dobycha Nadym, OOO”; “Gazprom Dobycha Noyabrsk, OOO”; “Gazprom Dobycha Urengoi, OOO”; “Gazprom Dobycha Yamburg, OOO”; “Gazprom Energo, OOO”; “Gazprom Flot, OOO”; “Gazprom Gaznadzor, OOO”; “Gazprom Gazobezopasnost, OOO”; “Gazprom Geologorazvedka, OOO”; “Gazprom Inform, OOO”; “Gazprom Invest, OOO”; “Gazprom Kapital, OOO”; “Gazprom Komplektatsiya, OOO”; “Gazprom Mezhregiongaz, OOO”; “Gazprom Neft”; “Gazprom, OAO”; “Gazprom Pererabotka, OOO”; “Gazprom Personal, OOO”; “Gazprom Promgaz, AO”; “Gazprom Russkaya, OOO”; “Gazprom Sotsinvest, OOO”; “Gazprom Svyaz, OOO”; “Gazprom Svyaz, OOO”; “Gazprom Telekom, OOO”; “Gazprom Transgaz Kazan, OOO”; “Gazprom Transgaz Krasnodar, OOO”; “Gazprom Transgaz Makhachkala, OOO”; “Gazprom Transgaz Nizhni Novgorod, OOO”; “Gazprom Transgaz Samara, OOO”; “Gazprom Transgaz Sankt-Peterburg, OOO”; “Gazprom Transgaz Saratov”; “Gazprom Transgaz Stavropol, OOO”; “Gazprom Transgaz Surgut, OOO”; “Gazprom Transgaz Tomsk, OOO”; “Gazprom Transgaz Ufa, OOO”; “Gazprom Transgaz Ukhta, OOO”; “Gazprom Transgaz Volgograd, OOO”; “Gazprom Transgaz Yugorsk, OOO”; “Gazprom Tsentrremont, OOO”; “Gazprom Vniigaz, OOO”; “Kaliningradnefteprodukt OOO”; “Kamchatgazprom, OAO”; “Kinef OOO”; “Kirishiavtoservis OOO”; “Krasnoyarskgazprom, PAO”; “Lazurnaya OOO”; and “Lengiproneftekhim OOO”;

ii. Adding, in alphabetical order, entry for “LLC Volgogradpromproyekt”;

iii. Revising the entries for “Lukoil, OAO”; “Media-Invest OOO”; “Neft-Aktiv LLC”; “Niigazekonomika, OOO”; “Novgorodnefteprodukt OOO”; “OJSC Achinsk Refinery”; “OJSC Angarsk Petrochemical Company”; “OJSC Kuybyshev Refinery”; “OJSC Novokuybyshev Refinery”; “OJSC Orenburgneft”; “OJSC RN Holding”; “OJSC Samotlorneftegaz”; “OJSC Syzran Refinery”; “PJSC Verkhnechonskneftegaz”; “Pskovnefteprodukt OOO”; “RN-Komsomolsky Refinery LLC”; “RN-Yuganskneftegaz LLC”; “Rosneft”; “SNGB AO”; “SO Tvernefteprodukt OOO”; “Sovkhoz Chervishevski PAO”; “Strakhovove Obshchestvo Surgutneftegaz OOO”; “Surgutmebel OOO”; “Surgutneftegas”; “Vostokgazprom, OAO”; “Yamalgazinvest, ZAO”; and “Yuzhno-Kirinskoye Field, in the Sea of Okhotsk”; and

e. Under SWITZERLAND, revising the entry for “Rosneft Trading S.A.”.

The revisions read as follows:

This supplement lists certain entities or addresses subject to license requirements for specified items under 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 or a party to the transaction is operating at an address that is listed on the Entity List under an address entry is a party to the transaction as described in § 748.5(c) through (f) of the EAR. See § 744.11 for licensing requirements in the context of a “standards-related activity.” This list is revised and updated on a periodic basis in this supplement by adding new or amended notifications and deleting notifications no longer in effect.

10. Supplement no. 5 is amended by revising the second paragraph to read as follows:

When determining to add an entry or modify an existing entry, to the Entity List or MEU List, the ERC will also specify the section or sections of the EAR that provide the basis for that determination. All additions and modifications to the MEU List are done pursuant to § 744.21(b). The license requirements, the license application review policy, or the availability of license exceptions for entities or address entries on the MEU List are specified in § 744.21 under paragraphs (b) to €. In addition, for the Entity List, if the section or sections that form the basis for an addition or modification do not specify the license requirements, the license application review policy, or the availability of license exceptions, the ERC will specify the license requirements, the license application review policy and which license exceptions (if any) will be available for shipments to that entry.

11. The authority citation for 15 CFR part 746 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. 287c ; Sec 1503, Pub. L. 108-11 , 117 Stat. 559; 22 U.S.C. 2151 note ; 22 U.S.C. 6004 ; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210 ; E.O. 12854 , 58 FR 36587 , 3 CFR , 1993 Comp., p. 614; E.O. 12918 , 59 FR 28205 , 3 CFR , 1994 Comp., p. 899; E.O. 13222 , 66 FR 44025 , 3 CFR , 2001 Comp., p. 783; E.O. 13338 , 69 FR 26751 , 3 CFR , 2004 Comp., p 168; Presidential Determination 2003-23, 68 FR 26459 , 3 CFR , 2004 Comp., p. 320; Presidential Determination 2007-7, 72 FR 1899 , 3 CFR , 2006 Comp., p. 325; Notice of May 8, 2024, 89 FR 40355 (May 9, 2024).

12. Remove and reserve § 746.5.

13. Section 746.8 is revised to read as follows:

(a) License requirements. Except as described in the exclusions in paragraph (a)(12), and in addition to license requirements specified on the Commerce Control List (CCL) in supplement no. 1 to part 774 of the EAR and in other provisions of the EAR, including part 744 and other sections of part 746, a license is required as specified under paragraphs (a)(1) through (7). These license requirements follow an order of review, which provides guidance on the relationship between the different license requirements and which ones take precedence for certain items. For purposes of paragraphs (a)(5) through (7) of this section, a license is not required for any item that is listed in supplement nos. 4, 5 or 6 to this part that is also classified under an Export Control Classification Number (ECCN) on the Commerce Control List (CCL) in supplement no. 1 to part 774 of the EAR. See paragraph (a)(1) of this section and part 742 for license requirements for exports, reexports, and transfers to or within Russia or Belarus for items classified in ECCNs, as well as part 744 for end-use and end-user controls that may apply to your transaction. Paragraphs (a)(1) and (2) of this section, are also used for determining license requirements for exports, reexports, and transfers to or within Russia or Belarus of any item that is listed in supplement nos. 4, 5, or 6 to this part and is classified in an ECCN on the CCL in supplement no. 1 to part 774 of the EAR. License requirements in paragraph (a)(4) that apply to exports, reexports, and transfers (in-country) involved in certain end-uses should be reviewed only after license requirements in paragraphs (a)(1) through (a)(3) and (a)(5) through (a)(7) are reviewed.

(1) Items classified in any ECCN on the CCL. A license is required to export, reexport, or transfer (in-country) to or within Russia or Belarus any item subject to the EAR and specified in any Export Control Classification Number (ECCN) on the CCL.

(2) Russia/Belarus/Temporarily occupied Crimea region of Ukraine foreign “direct product” (FDP) rule. A license is required to reexport, export from abroad, or transfer (in-country) to any destination any foreign-produced item subject to the EAR under the Russia/Belarus/Temporarily occupied Crimea region of Ukraine under the FDP rule described in § 734.9(f) of the EAR.

(3) Russia/Belarus-Military End User FDP rule. A license is required to reexport, export from abroad, or transfer (in-country) to or within any destination any foreign-produced item subject to the EAR under § 734.9(g) of the EAR.

Note 1 to paragraph (a)(3).

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

(4) Oil and Gas. (i) Certain exploration or production of oil or gas. A license is required to export, reexport, or transfer (in-country) any item subject to the EAR listed in supplement no. 2 to this part and items specified in ECCNs 0A998, 1C992, 3A229, 3A231, 3A232, 6A991, 8A992, and 8D999 when you “know” that the item will be used directly or indirectly in exploration for, or production of, oil or gas in Russian deepwater (greater than 500 feet) or Arctic offshore locations or shale formations in Russia or Belarus, or are unable to determine whether the item will be used in such projects. Such items include, but are not limited to, drilling rigs, parts for horizontal drilling, drilling and completion equipment, subsea processing equipment, Arctic-capable marine equipment, wireline and down hole motors and equipment, drill pipe and casing, software for hydraulic fracturing, high pressure pumps, seismic acquisition equipment, remotely operated vehicles, compressors, expanders, valves, and risers.

(ii) Additional prohibition on those informed by BIS. BIS may inform persons, either individually by specific notice or through amendment to the EAR, that a license is required for a specific export, reexport, or transfer (in-country) or for the export, reexport, or transfer (in-country) of specified items to a certain end-user or end-use, because there is an unacceptable risk of use in, or diversion to, the activities specified in this section in Russia or Belarus. Specific notice is to be given only by, or at the direction of, the Principal Deputy Assistant Secretary for Strategic Trade and Technology Security or the Deputy Assistant Secretary for Strategic Trade. When such notice is provided orally, it will be followed by a written notice within two working days signed by either the Principal Deputy Assistant Secretary for Strategic Trade and Technology Security or the Deputy Assistant Secretary for Strategic Trade. However, the absence of any such notification does not excuse persons from compliance with the license requirements of this section.

(5) Industrial Goods. A license is required to export, reexport, or transfer (in-country) any item subject to the EAR listed in supplement no. 4 to this part to or within Russia or Belarus.

(6) Itemized Items. A license is required to export, reexport, or transfer (in-country) any item subject to the EAR listed in supplement no. 6 to this part to or within Russia or Belarus.

(7) `Luxury goods.' A license is required to export, reexport, or transfer (in-country) any item subject to the EAR listed in supplement no. 5 to this part to or within Russia or Belarus.

Note 2 to paragraph (a)(7):

For purposes of paragraph (a)(7) of this section, a `luxury Start Printed Page 51663 good' means any item that is identified in supplement no. 5 to this part.

(8) through (11) [RESERVED]

(12) Exclusions from license requirements and scope of U.S.-origin controlled content. Paragraphs (a)(12)(i), (ii), and (iii)(A) of this section exclude certain exports, reexports, and transfers (in-country) from the scope of the license requirements of this section. Paragraph (a)(12)(iii)(B) excludes certain items from the scope of U.S.-origin content for purposes of de minimis calculations from certain destinations.

(i) Deemed exports and deemed reexports. The license requirements in paragraph (a) do not apply to deemed exports or reexports. However, the exclusion for deemed exports and deemed reexports is limited to the license requirements specified only in this section of the EAR. Any deemed export or deemed reexport to a Russian or Belarusian national must be made in accordance with all other applicable EAR license requirements, such as CCL-based license requirements. For example, the release of NS1 controlled technology to a Russian or Belarusian national in the United States or in a third country would require a CCL-based deemed export or deemed reexport license (as applicable). Consequently, authorization (in the form of a deemed export or deemed reexport license, or license exception eligibility) would be required under the EAR notwithstanding the exclusion in this paragraph (b).

(ii) Mass market encryption commodities and software. Commodities specified under ECCN 5A991, and commodities and software classified under ECCNs 5A992.c or 5D992.c that have been `classified in accordance with § 740.17,' do not require a license to or within Russia or Belarus for the following civil end-users:

(A) Wholly owned U.S. subsidiaries, branches, or sales offices;

(B) Joint ventures between two or more U.S. companies, including the wholly owned subsidiaries, branches, or sales offices of such joint ventures;

(C) Joint ventures between U.S. companies and companies headquartered in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740 of the EAR, including the wholly owned subsidiaries, branches, or sales offices of such joint ventures;

(D) Wholly owned subsidiaries, branches, or sales offices of companies headquartered in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740; or

(E) Joint ventures between two or more companies headquartered in Country Group A:5 and A:6 in supplement no. 1 to part 740, including the wholly owned subsidiaries, branches, or sales offices of such joint ventures.

(iii) Global Export Control Coalition (GECC). The countries listed in supplement no. 3 to this part have committed to implementing substantially similar export controls on Russia, Belarus, and the temporarily occupied Crimea region of Ukraine under their domestic laws. Therefore, exports or reexports from the countries listed in supplement no. 3 to this part or transfers (in-country) within the countries listed in this supplement are not subject to the following license requirements in paragraph (a) of this section unless a limit to the exclusion is described in the Scope column in supplement no. 3 to this part:

(A) Foreign direct product rules. The license requirement described in paragraphs (a)(2) and (3) of this section;

(B) De minimis. For purposes of determining U.S.-origin controlled content under supplement no. 2 to part 734 of the EAR, when making a de minimis calculation for reexports and exports from abroad to Russia or Belarus, the license requirements in paragraphs (a)(1) and (a)(4) through (7) of this section are not used to determine controlled U.S.-origin content in a foreign-made item, provided the criteria of paragraphs (a)(12)(B)( 1 ) and ( 2 ) of this section are met:

( 1 ) The U.S.-origin content is described in an Anti-Terrorism (AT)-only ECCN or is designated EAR99. For purposes of this paragraph, AT-only items mean any ECCN that only specifies either only AT in the reason for control paragraph of the ECCN or is classified under ECCN 9A991; and

( 2 ) The foreign made item will be reexported or exported from abroad from a destination described in supplement no. 3 to this part.

(b) Licensing policy. (1) License applications required under paragraph (a)(3) of this section will be reviewed under a policy of denial in all cases.

(2) Applications for the export, reexport, or transfer (in-country) of any item pursuant to paragraph (a)(4) of this section that require a license for Russia or Belarus will be reviewed under a policy of denial when for use directly or indirectly for exploration or production from deepwater (greater than 500 feet), Arctic offshore, or shale projects in Russia or Belarus that have the potential to produce oil or gas.

(3) Applications for the export, reexport, or transfer (in-country) of any item pursuant to paragraphs (a)(1), (2), and (5) through (7) of this section will be reviewed under a policy of denial. However, the following types of license applications submitted pursuant to paragraphs (a)(1), (2), and (5) through (7) of this section will be reviewed on a case-by-case basis to determine whether the transaction in question would benefit the Russian or Belarusian government or defense sector:

(i) Applications for export, reexport, or transfer (in-country) of items that may be necessary for health and safety reasons, including the safety of flight, maritime safety, and civil nuclear safety;

(ii) Applications for the disposition of items by companies not headquartered in Country Group D:1, D:5, E:1, or E:2 in supplement no. 1 to part 740 that are winding down or closing all operations in Russia or Belarus;

(iii) Applications for items that meet humanitarian needs, including applications for items that are predominantly agricultural or medical in nature;

(iv) Applications for government-to-government activities or to support government space cooperation;

(v) Replacement licenses for exports and reexports to and transfers within Russia and Belarus of items described in HTS-6 Codes or items described in supplement no. 6 to part 746 that were added to the EAR and made subject to license requirements after the validation date of the BIS license.

(vi) Applications for items destined to:

(B) Foreign subsidiaries, branches, or sales offices of U.S. companies that are joint ventures with other U.S. companies;

(C) Joint ventures of U.S. companies with companies headquartered in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740 of the EAR;

(D) The wholly owned subsidiaries, branches, or sales offices of companies headquartered in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740; or

(E) Joint ventures of companies headquartered in Country Groups A:5 and A:6 with other companies headquartered in Country Groups A:5 and A:6; and

(vii) Applications for companies headquartered in Country Groups A:5 and A:6 to support civil telecommunications infrastructure.

Note 3 to paragraph (b):

See also § 750.7(c)(1)(xi) of the EAR for the divesture of items within Russia or Belarus or the transfer of items within Russia or Belarus for Start Printed Page 51664 the purpose of reexporting such items from Russia or Belarus. For purposes of § 750.7(c)(1)(xi), divesture means the action or process of selling off subsidiary business interests or investments involving items subject to the EAR.

(c) License exceptions. Consistent with § 740.2(b), BIS may revise, suspend, or revoke License Exception availability under this section consistent with U.S. national security and foreign policy interests, including on a case-by-case basis, to prevent Russian or Belarusian persons from circumventing the restrictions in this section.

(1) No license exceptions may overcome the license requirements in paragraph (a)(3) of this section, except as specified in the entry for a Footnote 3 entity on the Entity List in supplement no. 4 to part 744 of the EAR.

(2) No license exceptions may overcome the license requirements in paragraphs (a)(1), (2), and (4) through (7) of this section except the following:

(i) License Exception TMP for items for use by the news media as set forth in § 740.9(a)(9) of the EAR may overcome the license requirements in paragraphs (a)(1), (2), (7) of this section.

(ii) License Exception GOV (§ 740.11(b) of the EAR) may overcome the license requirements in paragraphs (a)(1), (2), and (4) through (7) of this section.

(iii) License Exception TSU for software updates for civil end-users that are wholly-owned U.S. subsidiaries, branches, or sales offices; foreign subsidiaries, branches, or sales offices of U.S. companies that are joint ventures with other U.S. companies; joint ventures of U.S. companies with companies headquartered in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740 of the EAR countries; the wholly-owned subsidiaries, branches, or sales offices of companies headquartered in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740; or joint ventures of companies headquartered in Country Group A:5 and A:6 with other companies headquartered in Country Groups A:5 and A:6 (§ 740.13(c) of the EAR) may overcome the license requirements in paragraphs (a)(1), (2), and (7) of this section.

(iv) License Exception BAG, excluding firearms and ammunition (§ 740.14, excluding paragraph (e), of the EAR) may overcome the license requirements in paragraphs (a)(1) and (2) of this section.

(v) License Exception AVS, excluding any aircraft registered in, owned or controlled by, or under charter or lease by Russia or Belarus or a national of Russia or Belarus (§ 740.15(a) and (b) of the EAR) may overcome the license requirements in paragraphs (a)(1) and (2) of this section.

(vi) License Exception encryption commodities, software, and technology (ENC) for civil end-users that are wholly-owned U.S. subsidiaries, branches, or sales offices; foreign subsidiaries, branches, or sales offices of U.S. companies that are joint ventures with other U.S. companies; joint ventures of U.S. companies with companies headquartered in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740 of the EAR countries; the wholly-owned subsidiaries, branches, or sales offices of companies headquartered in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740; or joint ventures of companies headquartered in Country Group A:5 and A:6 with other companies headquartered in Country Groups A:5 and A:6 (§§ 740.13(c) and 740.17 of the EAR) may overcome the license requirements is paragraphs (a)(1) and (2) of this section.

(vii) License Exception CCD (§ 740.19 of the EAR) may overcome the license requirements in paragraphs (a)(1), (2), and (4) through (7) of this section.

(viii) License Exception MED (§ 740.23 of the EAR) may overcome the license requirements in paragraphs (a)(5) through (7) of this section.

(d) License Applications. License applications submitted to BIS under this section may include the phrase “§ 746.8” and identify the paragraph (a) license requirement(s) from this section that are applicable. You should include a description such as “paragraph (a)(1) or any of the other paragraph (a) paragraphs that may be applicable to a license application” in Block 9 (Special Purpose) of your license application as described in supplement no. 1 to part 748 of the EAR.

14. Effective September 16, 2024, amend § 746.8 by:

a. In paragraph (a) introductory text first and last sentences;

b. Adding paragraph (a)(8);

c. Revising paragraph (a)(12)(ii) introductory text;

d. Adding paragraph (a)(12)(iv);

e. Revising paragraph (b)(3) introductory text; and

f. Revising paragraph (c)(1).

(a) License requirements. Except as described in the exclusions in paragraph (a)(12), and in addition to license requirements specified on the Commerce Control List (CCL) in supplement no. 1 to part 774 of the EAR and in other provisions of the EAR, including part 744 and other sections of part 746, a license is required as specified under paragraphs (a)(1) through (8) of this section. * * * License requirements in paragraph (a)(4) of this section that apply to exports, reexports, and transfers (in-country) involved in certain end-uses should be reviewed only after license requirements in paragraphs (a)(1) through (3) and (5) through (8) of this section are reviewed.

(8) EAR99 designated software. (i) A license is required to export, reexport, or transfer (in-country) to or within Russia or Belarus any “software” subject to the EAR and described in paragraph (a)(8)(ii) of this section.

(ii) The following types of software subject to the EAR are in the scope of paragraph (a)(8): Enterprise resource planning (ERP); customer relationship management (CRM); business intelligence (BI); supply chain management (SCM); enterprise data warehouse (EDW); computerized maintenance management system (CMMS); project management software, product lifecycle management (PLM); building information modelling (BIM); computer aided design (CAD); computer-aided manufacturing (CAM); and engineering to order (ETO). The scope of paragraph (a)(8) also includes software updates of software identified in this paragraph that are subject to the EAR and designated as EAR99.

(ii) Mass market encryption commodities and software, and software designated EAR99. Commodities specified under ECCN 5A991, and commodities and software classified under ECCNs 5A992.c or 5D992.c that have been `classified in accordance with § 740.17,' as well as software designated EAR99 and identified in paragraph (a)(8)(ii) of this section do not require a license to export, reexport, or transfer (in-country) to or within Russia or Belarus for the following civil end-users:

(iv) Software designated EAR99. Software that is subject to the EAR and designated EAR99 is excluded from the license requirement in paragraph (a)(8) when destined to entities engaged exclusively in the agriculture or medical industries.

(3) Applications for the export, reexport, or transfer (in-country) of any item pursuant to paragraphs (a)(1), (2), Start Printed Page 51665 and (a)(5) through (8) of this section will be reviewed under a policy of denial. However, the following types of license applications submitted pursuant to paragraphs (a)(1), (2), and (4) through (8) will be reviewed on a case-by-case basis to determine whether the transaction in question would benefit the Russian or Belarusian government or defense sector:

(1) No license exceptions may overcome the license requirements in paragraph (a)(3) of this section, except as specified in the entry for a Footnote 3 entity on the Entity List in supplement no. 4 to part 744 of the EAR, or in paragraph (a)(8) of this section.

15. Remove and reserve § 746.10.

16. Supplement no. 2 to part 746 is amended by revising the heading, paragraph (a) and first sentence of paragraph (b) to read as follows:

(a) The source for the Harmonized Tariff Schedule (HTS)-6 codes and descriptions in this list comes from the United States International Trade Commission (USITC's) Harmonized Tariff Schedule of the United States (2023). The items described in supplement no. 2 to part 746 include any modified or designed “components,” “parts,” “accessories,” and “attachments” therefor regardless of the HTS Code or HTS Description of the “components,” “parts,” “accessories,” and “attachments,” apart from any “part” or minor “component” that is a fastener ( e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet, bushing, spring, wire, or solder. The exclusion of fasteners from this control does not apply to fasteners that are designated under an HTS Code under this supplement. Although generally fasteners ( e.g., screws, bolts, nuts, nut plates, studs, inserts, clips, rivets, pins), and washers, spacers, insulator, grommets, bushings, springs, wires, and solders are excluded from the scope of this supplement, certain part 744 license requirements for Russia and Belarus extend to all items “subject to the EAR,” and would therefore not exclude these items from the license requirements under that part ( e.g., § 744.21 of the EAR and the Entity List license requirements, which in most cases extend to all items “subject to the EAR”). This supplement includes two columns consisting of the HTS Codes and HTS Descriptions to assist exporters, reexporters, and transferors in identifying the products in this supplement. For information on HTS codes in general, you may contact a local import specialist at U.S. Customs and Border Protection at the nearest port. HTS-6 codes 730424, 731100, 761300, 841350, 841360, 841382, 841392, 842139, 843049, 843139, 843143, 847989, and 870520 are listed in both this supplement and supplement no. 4 to this part, so exporters, reexporters, and transferors must comply with the license requirements under both § 746.8(a)(4) and (5) as applicable.

(b) The items identified in the HTS-6 Code column of this supplement are subject to the license requirement under § 746.8(a)(4). The other column—HTS Description—is intended to assist exporters with their Automated Export System (AES) filing responsibilities. * * *

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

Countries listed in this supplement have committed to implementing substantially similar export controls on Russia and Belarus under their domestic laws and are consequently excluded from certain requirements in §§ 746.6 and 746.8 of the EAR, as described in §§ 746.6(a)(4) and 746.8(a)(12)(iii). * * *

18. Supplement no. 4 to part 746 is amended by:

a. Revising the heading, paragraphs (a) and (b); and

b. Adding in numerical order the following entries to the table: “250200,” “250300,” “250410,” “250490,” “250510,” “250590,” “250610,” “250620,” “250700,” “251110,” “251120,” “251310,” “251320,” “251400,” “251611,” “251612,” “251620,” “251690,” “251710,” “251720,” “251730,” “251741,” “251749,” “251810,” “251990,” “252020,” “252310,” “252321,” “252329,” “252330,” “252390,” “252410,” “252490,” “252800,” “252910,” “252921,” “252922,” “252930,” “253010,” “253090,” “260111,” “260112,” “260120,” “260200,” “260300,” “260400,” “260500,” “260600,” “260700,” “260800,” “260900,” “261000,” “261100,” “261220,” “261310,” “261390,” “261400,” “261510,” “261590,” “261610,” “261690,” “261710,” “261790,” “261800,” “261900,” “262011,” “262019,” “262021,” “262029,” “262030,” “262040,” “262060,” “262091,” “262099,” “262110,” “262190,” “270500,” “270600,” “270710,” “270740,” “270750,” “270791,” “270799,” “270810,” “270900,” “271012,” “271020,” “271091,” “271099,” “271111,” “271112,” “271113,” “271114,” “271119,” “271121,” “271129,” “271220,” “271311,” “271312,” “271320,” “271390,” “271410,” “271490,” “720110,” “720120,” “720150,” “720211,” “720219,” “720221,” “720229,” “720230,” “720241,” “720249,” “720250,” “720260,” “720270,” “720280,” “720291,” “720293,” “720299,” “720310,” “720390,” “720410,” “720421,” “720429,” “720430,” “720441,” “720449,” “720450,” “720510,” “720521,” “720529,” “720610,” “720690,” “721410,” “721420,” “721430,” “721491,” “721499,” “721510,” “721590,” “721710,” “721720,” “721730,” “721790,” “722100,” “722211,” “722219,” “722220,” “722240,” “722300,” “722710,” “722720,” “722790,” “722920,” “730110,” “730210,” “730230,” “730240,” “730290,” “730300,” “730431,” “730439,” “730441,” “730449,” “730451,” “730459,” “730490,” “730531,” “730590,” “730621,” “730629,” “730630,” “730640,” “730661,” “730669,” “730690,” “730711,” “730719,” “730721,” “730723,” “730729,” “730791,” “730792,” “730793,” “730799,” “731210,” “731290,” “731300,” “731414,” “731419,” “731420,” “731431,” “731439,” “731441,” “731442,” “731449,” “731450,” “731511,” “731512,” “731519,” “731520,” “731581,” “731582,” “731589,” “731590,” “731600,” “731700,” “731811,” “731812,” “731813,” “731814,” “731815,” “731816,” “731819,” “731821,” “731822,” “731823,” “731829,” “731940,” “731990,” “732010,” “732090,” “732111,” “732112,” “732119,” “732181,” “732182,” “732189,” “732190,” “732211,” “732219,” “732310,” “732391,” “732392,” “732393,” “732394,” “732399,” “732410,” “732421,” “732490,” “732510,” “732591,” “732599,” “732611,” “732619,” “732620,” “740100,” “740200,” “740311,” “740312,” “740313,” “740319,” “740321,” “740322,” “740329,” “740400,” “740500,” “740610,” “740620,” “741011,” “741012,” “741021,” “741022,” “741110,” “741121,” “741122,” “741210,” “741220,” “741300,” “741510,” “741529,” “741533,” “741539,” “741810,” “741820,” “741920,” “741980,” “750110,” “750120,” “750210,” “750220,” “750300,” “750400,” “760110,” “760120,” “760200,” “760310,” “760320,” “760410,” “760421,” “760429,” “760611,” “760612,” “760691,” “760711,” “760719,” “760810,” Start Printed Page 51666 “760820,” “760900,” “761410,” “761490,” “761510,” “761520,” “761691,” “761699,” “780110,” “780191,” “780199,” “780200,” “780600,” “790111,” “790112,” “790120,” “790200,” “790310,” “790390,” “790400,” “790700,” “800200,” “810194,” “810196,” “810197,” “810199,” “810320,” “810330,” “810391,” “810399,” “810411,” “810419,” “810420,” “810430,” “810490,” “810520,” “810530,” “810610,” “810690,” “810820,” “810830,” “810890,” “811010,” “811020,” “811090,” “811100,” “811212,” “811213,” “811219,” “811221,” “811222,” “811229,” “811231,” “811239,” “811251,” “811252,” “811259,” “811261,” “811269,” “811292,” “811299,” “811300,” “820110,” “820130,” “820140,” “820150,” “820160,” “820190,” “820210,” “820231,” “820239,” “820240,” “820291,” “820299,” “820310,” “820320,” “820330,” “820340,” “820412,” “820420,” “820510,” “820520,” “820530,” “820540,” “820551,” “820560,” “820570,” “820590,” “820600,” “820720,” “820730,” “820740,” “820750,” “820770,” “820780,” “820900,” “821000,” “821110,” “821191,” “821192,” “821193,” “821194,” “821195,” “821210,” “821220,” “821290,” “821300,” “821410,” “821420,” “821490,” “821510,” “821520,” “821591,” “821599,” “830110,” “830130,” “830140,” “830150,” “830160,” “830210,” “830220,” “830241,” “830242,” “830249,” “830250,” “830260,” “830300,” “830400,” “830510,” “830520,” “830590,” “830610,” “830630,” “830810,” “830820,” “830890,” “831000,” “831110,” “831120,” “831130,” “831190,” “860120,” “860310,” “860390,” “860500,” “860711,” “860712,” “860719,” “860721,” “860729,” “860730,” “860791,” “860799,” “860800,” “860900,” “870110,” “870129,” “870191,” “870192,” “870193,” “870194,” “870195,” “870210,” “870220,” “870230,” “870240,” “870290,” “870790,” “870810,” “870821,” “870822,” “870829,” “870830,” “870840,” “870850,” “870870,” “870880,” “870891,” “870892,” “870893,” “870894,” “870895,” “870919,” “871000,” “871110,” “871200,” “871491,” “871492,” “871493,” “871494,” “871495,” “871496,” “871499,” “871610,” “871631,” “871640,” “871680,” “890120,” “890130,” “890190,” “890200,” “890400,” “890510,” “890610,” “890690,” “890710,” “890790,” “890800,” “930200,” “930310,” “930320,” “930330,” “930390,” “930400,” “930510,” “930520,” “930599,” “930621,” “930629,” “930630,” “930690,” “930700,” “960350,” and “960390.”

The revisions and additions read as follows:

(a) The source for the Harmonized Tariff Schedule (HTS)-6 codes and descriptions in this list is the United States International Trade Commission (USITC)'s Harmonized Tariff Schedule of the United States (2023). The items described in supplement no. 4 to part 746 include any modified or designed “components,” “parts,” “accessories,” and “attachments” therefor regardless of the HTS Code or HTS Description of the “components,” “parts,” “accessories,” and “attachments,” apart from any “part” or minor “component” that is a fastener ( e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet, bushing, spring, wire, or solder. The exclusion of fasteners from this control does not apply to fasteners that are designated under an HTS Code under this supplement. Although generally fasteners ( e.g., screws, bolts, nuts, nut plates, studs, inserts, clips, rivets, pins), and washers, spacers, insulators, grommets, bushings, springs, wires, and solders are excluded from the scope of this supplement, certain part 744 license requirements for Russia and Belarus apply to all items “subject to the EAR,” and would therefore not exclude these items from the license requirements under that part ( e.g., § 744.21 and the Entity List license requirements, which in most cases apply to all items “subject to the EAR.”). This supplement includes two columns consisting of the HTS Codes and HTS Descriptions to assist exporters, reexporters, and transferors in identifying the products in this supplement. For information on HTS codes in general, you may contact a local import specialist at U.S. Customs and Border Protection at the nearest port. HTS-6 codes 730424, 731100, 761300, 841350, 841360, 841382, 841392, 842139, 843049, 843139, 843143, 847989, and 870520 are listed in both this supplement and supplement no. 2 to this part, so exporters, reexporters, and transferors must comply with the license requirements under both § 746.8(a)(4) and (5) as applicable. HTS-6 Codes 590500, 840710, 840721, 840729, 840731, 840732, 840733, 840734, 840790, 840810, 840820, 840890, 840910, 840991, 840999, 841111, 841112, 841121, 841122, 841181, 841182, 841191, 841199, 841229, 841290, 841451, 841459, 841460, 841510, 841810, 841821, 841829, 841830, 841840, 841981, 842211, 842310, 842860, 843139, 844312, 844331, 844332, 844339, 845011, 845012, 845019, 845121, 845210, 847010, 847021, 847029, 847030, 847130, 847141, 847149, 847150, 847160, 847170, 847180, 847190, 847290, 847960, 848310, 848320, 848330, 848340, 848350, 848360, 848390, 850811, 850819, 850860, 850980, 851110, 851120, 851130, 851140, 851150, 851180, 851190, 851220, 851230, 851240, 851631, 851650, 851660, 851671, 851672, 851679, 851711, 851713, 851718, 851761, 851762, 851769, 851920, 851930, 851981, 851989, 852110, 852190, 852691, 852712, 852713, 852719, 852721, 852729, 852791, 852792, 852799, 852871, 852872, 852910, 853110, 854370, 854430, 870310, 870321, 870322, 870323, 870324, 870331, 870332, 870333, 870340, 870350, 870360, 870370, 870380, 870390, and 902000 are listed in both this supplement and supplement no. 5 to this part, so exporters, reexporters, and transferors must comply with the license requirements under both §§ 746.8(a)(5) and (7) as applicable.

(b) The items identified in the HTS-6 Code column of this supplement are subject to the license requirement under § 746.8(a)(5). The other column—HTS Description—is intended to assist exporters with their AES filing responsibilities. The license requirements extend to HTS Codes at the 8 and 10 digit level (HTS-8 and HTS-10 codes, respectively) when such longer HTS Codes begin with the HTS-6 Codes as their first 6 numbers. When a description mentions parts related to one or more numerical headings, this means parts related to any HS codes that begin with the digits in the range specified. For example, `headings 8524 to 8528' means any HS code, HTS code, or Schedule B which has 8524, 8525, 8526, 8527, or 8528 as the first four digits.

19. Supplement no. 5 to part 746 is amended by revising the heading, paragraph (a), and first sentence of paragraph (b) to read as follows:

(a) The source for the Harmonized Tariff Schedule (HTS)-6 codes and descriptions in this list is the United States International Trade Commission (USITC)'s Harmonized Tariff Schedule of the United States (2023). The items described in supplement no. 5 to part 746 include any modified or designed “components,” “parts,” “accessories,” and “attachments” therefor regardless of the HTS Code or HTS Description of the “components,” “parts,” “accessories,” and “attachments,” apart from any “part” or minor “component” that is a fastener ( e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet, bushing, spring, wire, or solder. The exclusion of fasteners from this control does not apply to fasteners that are designated under an HTS Code under this supplement. Although generally fasteners ( e.g., screws, bolts, nuts, nut plates, studs, inserts, clips, rivets, pins), and washers, spacers, insulators, grommets, bushings, springs, wires, and solder are excluded from the scope of this supplement, see part 744 of the EAR for license requirements for Russia and Belarus that apply to all items “subject to the EAR,” e.g., § 744.21 and the Entity List license requirements, which in most cases extend to all items “subject to the EAR.” This supplement includes two columns consisting of the HTS Code and HTS Description and Per Unit Wholesale Price in the U.S. if applicable to assist exporters, reexporters, and transferors in identifying the products in this supplement. For information on HTS codes in general, you may contact a local import specialist at U.S. Customs and Border Protection at the nearest port. HTS-6 Codes 590500, 840710, 840721, 840729, 840731, 840732, 840733, 840734, 840790, 840810, 840820, 840890, 840910, 840991, 840999, 841111, 841112, 841121, 841122, 841181, 841182, 841191, 841199, 841229, 841290, 841451, 841459, 841460, 841510, 841810, 841821, 841829, 841830, 841840, 841981, 842211, 842310, 842860, 843139, 844312, 844331, 844332, 844339, 845011, 845012, 845019, 845121, 845210, 847010, 847021, 847029, 847030, 847130, 847141, 847149, 847150, 847160, 847170, 847180, 847190, 847290, 847960, 848310, 848320, 848330, 848340, 848350, 848360, 848390, 850811, 850819, 850860, 850980, 851110, 851120, 851130, 851140, 851150, 851180, 851190, 851220, 851230, 851240, 851631, 851650, 851660, 851671, 851672, 851679, 851711, 851713, 851718, 851761, 851762, 851769, 851920, 851930, 851981, 851989, 852110, 852190, 852691, 852712, 852713, 852719, 852721, 852729, 852791, 852792, 852799, 852871, 852872, 852910, 853110, 854370, 854430, 870310, 870321, 870322, 870323, 870324, 870331, 870332, 870333, 870340, 870350, 870360, 870370, 870380, 870390, and 902000 are listed in both this supplement and supplement no. 4 to this part, so exporters, reexporters, and transferors must comply with the license requirements under both §§ 746.8(a)(5) and (7) as applicable.

(b) The items identified in the HTS-6 Code column of this supplement are subject to the license requirement under § 746.8(a)(7). * * *

20. Supplement no. 6 to part 746 is amended by:

a. Revising the heading; and

b. Adding paragraph (h), to read as follows:

(h) Riot Control Agents which are isomers of CS (o-Chlorobenzylidenemalononitrile or o-Chlorobenzalmalononitrile) (CAS 2698-41-1); CN (Phenylacyl chloride or w-Chloroacetophenone) (CAS 532-27-4); or Oleoresin Capsicum (CAS 8023-77-6) as follows:

(1) 8-Methyl-N-vanillyl-trans-6-nonenamide (Capsaicin) (CAS 404-86-4);

(2) 8-Methyl-N-vanillylnonamide (Dihydrocapsaicin) (CAS 19408-84-5);

(3) N-Vanillylnonamide (Pseudocapsaicin, PAVA) (CAS 2444-46-4);

(4) N-Vanillyl-9-methyldec-7-(E)-enamide (Homocapsaicin) (CAS 58493-48-4);

(5) N-Vanillyl-9-methyldecanamide (Homodihydrocapsaicin) (CAS 20279-06-5);

(6) N-Vanillyl-7-methyloctanamide (Nordihydrocapsaicin) (CAS 28789-35-7);

(7) 2′-chloroacetophenone (CAS 2142-68-9);

(8) 3′-chloroacetophenone (CAS 99-02-5);

(9) α-chlorobenzylidenemalononitrile (CAS 18270-61-6); and

(10) Cis-4-acetylaminodicyclohexylmethane (CAS 37794-87-9).

21. Supplement no. 7 to part 746 is amended by revising paragraph (a) to read as follows:

(a) The source for the Harmonized Tariff Schedule (HTS)-6 codes and descriptions in this list is the United States International Trade Commission (USITC)'s Harmonized Tariff Schedule of the United States (2023). The items described in this supplement include any modified or designed “components,” “parts,” “accessories,” and “attachments” therefor regardless of the HTS Code or HTS Description of the “components,” “parts,” “accessories,” and “attachments,” apart from any “part” or minor “component” that is a fastener ( e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet, bushing, spring, wire, or solder. The exclusion of fasteners from this control does not apply to fasteners that are designated under an HTS Code under this supplement. Although generally fasteners ( e.g., screws, bolts, nuts, nut plates, studs, inserts, clips, rivets, pins), and washers, spacers, insulators, grommets, bushings, springs, wires, and solder are excluded from the scope of this supplement, see part 744 of the EAR for license requirements for Russia and Belarus that apply to all items “subject to the EAR,” e.g., § 744.21 of the EAR and the Entity List license requirements, which in most cases extend to all items “subject to the EAR.” This supplement includes two columns consisting of the HTS Code and HTS Description to assist exporters, reexporters, and transferors in identifying the products in this supplement. For information on HTS codes in general, you may contact a local import specialist at U.S. Customs and Border Protection at the nearest port.

22. The authority citation for part 774 continues to read as follows:

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

23. Supplement no. 1 to part 774 is amended by revising ECCNs 0A998, 1C992, 3A229, 3A231, 3A232, 6A991, 8A992, and 8D999 to read as follows:

0A998 Oil and gas exploration equipment, software, and data, as follows (see List of Items Controlled).

Reason for Control: Foreign policy