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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations
List. The four entities are added based on 744.11 License requirements that apply to entities acting contrary to the national security or foreign policy interests of the United States of the EAR. The four entities are located in Burma.
By making these Entity List additions, this final rule further strengthens export controls on Burma and addresses the foreign policy and national security concerns that formed the basis for the issuance of E.O. 14104. This rule also supports the United States Governments efforts to promote an immediate return to democracy in Burma. Specifically, BIS is adding the following four entities to the Entity List under the destination of Burma: Wanbao Mining, Ltd. and its two subsidiaries, Myanmar Wanbao Mining Copper, Ltd.
and Myanmar Yang Tse Copper, Ltd.;
and King Royal Technologies Co., Ltd.
In particular, by adding Wanbao Mining, Ltd., Myanmar Wanbao Mining Copper, Ltd., and Myanmar Yang Tse Copper, Ltd. to the Entity List, this rule enhances the U.S. Governments efforts to ensure that items subject to the EAR
are not available for copper mining operations by these three entities, which have revenue-sharing agreements with Myanmar Economic Holdings Limited MEHL. MEHL provides revenue for Burmas Ministry of Defence, an entity responsible for the February 1, 2021
military coup. On March 8, 2021, BIS
added MEHL and the Ministry of Defence to the Entity List. See 86 FR
13179 March 8, 2021. Additionally, BIS is adding King Royal Technologies Co., Ltd., a telecommunications company, to the Entity List for providing satellite communication services in support of the Burmese military.
Pursuant to 744.11b of the EAR, the ERC determined that the conduct of the above-described four entities raises sufficient concerns that prior review, via the imposition of a license requirement for exports, reexports, or transfers incountry of all items subject to the EAR
involving these four entities and the possible issuance of license denials or the possible imposition of license conditions on shipments to these entities, will enhance BISs ability to prevent violations of the EAR or otherwise protect U.S. national security or foreign policy interests.
For the four entities added to the Entity List in this final rule, BIS
imposes a license requirement that applies to all items subject to the EAR.
In addition, no license exceptions are available for exports, reexports, or transfers in-country to the persons being added to the Entity List in this
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On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which included the Export Control Reform Act of 2018
ECRA 50 U.S.C. 48014852. ECRA
provides the legal basis for BISs principal authorities and serves as the authority under which BIS issues this rule.

including potential economic, environmental, public health and safety effects, distributive impacts, and equity. Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is required to respond to or be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 44 U.S.C. 3501
et seq. PRA, unless that collection of information displays a currently valid Office of Management and Budget OMB Control Number. This regulation involves collections previously approved by OMB under control number 06940088, Simplified Network Application Processing System, which includes, among other things, license applications and commodity classification, and carries a burden estimate of 29.6 minutes for a manual or electronic submission for a total burden estimate of 31,835 hours. Total burden hours associated with the PRA and OMB control number 06940088 are not expected to increase as a result of this rule.
3. This rule does not contain policies with Federalism implications as that term is defined in Executive Order 13132.
4. Pursuant to section 1762 of the Export Control Reform Act of 2018, this action is exempt from the Administrative Procedure Act 5 U.S.C.
553 requirements for notice of proposed rulemaking, opportunity for public participation, and delay in effective date.
5. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared.

Rulemaking Requirements
List of Subjects in 15 CFR Part 744

1. Executive Orders 13563 and 12866
direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, part 744 of the Export Administration Regulations 15 CFR
parts 730774 is amended as follows:

rule. BIS imposes a license review policy of a presumption of denial for these four entities. The acronym a.k.a., which is an abbreviation of also known as, is used in entries on the Entity List to identify aliases, thereby assisting exporters, reexporters and transferors in identifying entities on the Entity List.
For the reasons described above, this final rule adds the following four entities to the Entity List and includes, where appropriate, aliases:
Burma King Royal Technologies Co., Ltd.;
Myanmar Wanbao Mining Copper, Ltd.;
Myanmar Yang Tse Copper, Ltd.;
and Wanbao Mining, Ltd.
Correction to the Entity List This final rule implements a correction to one existing entry on the Entity List for an entity that was added to the Entity List under the destination of Burma on March 8, 2021 86 FR
13180, March 8, 2021. Specifically, BIS
is correcting the entry for Myanmar Economic Corporation by changing the address to refer to Burma.
Savings Clause 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 July 6, 2021, pursuant to actual orders for export, reexport, or transfer incountry 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.
Export Control Reform Act of 2018

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