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Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations Schedule of the United States. The list of the HTSUS Classifications referenced in this table of GAEs is drawn from the HTSUS and ITC Change Records for HTSUS Classifications compiled at https hts.usitc.gov/ and will be amended when the ITC publishes subsequent Change Records. If there are any discrepancies between the list of HTSUS Classifications in this table and the HTSUS Classifications identified by the ITC in the Harmonized Tariff Schedule of the United States and the associated Change Records, the ITCs list of HTSUS Classifications shall be controlling. Therefore, if an HTSUS
Classification defining a GAE is split or otherwise modified by the ITC in the HTSUS, GAEs are extended to the newly-created HTSUS Classifications, so long as the new child HTSUS
Classifications contain products falling entirely within the scope of the old parent HTSUS classification. These types of inherited GAEs are effective from the effective date of the change to the HTSUS, even prior to a Commerce rule being published to add the new HTSUS number to the GAE list under this supplement no. 3. During the period after the effective date of the change to the HTSUS and before the GAE is updated, ACE will reject entries claiming the exclusion with the new HTSUS number and importers will have to make entry without the exclusion. In order for importers to preserve their rights, if any, to the exclusion with the new HTSUS number during this period, importers are advised to seek extensions of liquidation of the affected entries with CBP until Commerce is able to update and publish a revised GAE list under this supplement no. 3.
Matthew S. Borman, Deputy Assistant Secretary for Export Administration.
FR Doc. 202126634 Filed 12821; 8:45 am BILLING CODE 351033P

DEPARTMENT OF COMMERCE
Bureau of Industry and Security 15 CFR Parts 740, 742, and 744
Docket No. 2112010249

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RIN 0694AI65

Revision of Controls for Cambodia Under the Export Administration Regulations Bureau of Industry and Security, Commerce.
ACTION: Final rule.
AGENCY:

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SUMMARY:

In response to deepening Chinese military influence in Cambodia, which undermines and threatens regional security, as well as growing corruption and human rights abuses by the Government of Cambodia, in this final rule, the Bureau of Industry and Security BIS amends the Export Administration Regulations EAR to apply more restrictive treatment to exports and reexports to, and transfers within, Cambodia of items subject to the EAR. BIS is taking this action to address recent actions by the Government of Cambodia that are contrary to the national security and foreign policy interests of the United States. Further, BIS updates a Country Group designation for Cambodia under the EAR to reflect the countrys identification by the State Department as subject to a United States arms embargo.
DATES: This rule is effective December 9, 2021.
FOR FURTHER INFORMATION CONTACT:
Tracy Patts, Foreign Policy Division, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Security, U.S. Department of Commerce, by email at Foreign.Policy@bis.doc.gov, or by phone at 2024824252.
SUPPLEMENTARY INFORMATION:

Cambodian military officials due to their involvement in significant corruption, including in connection with the Ream Naval Base. At that time, State, Treasury, and the Department of Commerce also issued an advisory cautioning U.S. businesses regarding the potential exposure to entities in Cambodia, such as the Cambodian military, that engage in human rights abuses, corruption, and other destabilizing conduct.
The United States has determined that expanded Chinese military influence in Cambodia and corruption and human rights abuses committed by Cambodian government actors, including the Cambodian military, are contrary to U.S.
national security and foreign policy interests. Therefore, the U.S.
Government is restricting certain exports and reexports to, and transfers within, Cambodia to ensure that items subject to the EAR are not available to Cambodias military and militaryintelligence services without prior review by the U.S. Government, and is also adding Cambodia to the list of countries subject to a more stringent review policy for license applications involving national security-controlled items. In this rule, BIS amends the EAR
to implement more restrictive treatment for Cambodia under the EAR.

Background
Changes Made by This Rule for Cambodia Under the EAR
BIS is taking this action to address recent actions by the Government of Cambodia that are contrary to the national security and foreign policy interests of the United States and threaten regional security. The rule makes four broad changes to the EAR to reflect BISs more restrictive licensing approach to Cambodia. It adds Cambodia to: 1 The list of countries subject to the licensing policy in 742.4b7, 2 the list of countries subject to military end use and end user controls in 744.21, 3 the list of countries subject to military intelligence end use and end user controls in 744.22, and 4 the list of countries subject to a U.S. arms embargo under Country Group D:5.

Cambodia Under the Export Administration Regulations BISs current licensing policy for Cambodia dates from 1992, when the agency amended the EAR in support of the settlement of political conflict in Cambodia and the lifting of a U.S. trade embargo on Cambodia. 57 FR 11576, April 6, 1992. Recent changes in Cambodian foreign policy, however, undermine regional security as well as U.S. national security and foreign policy interests, and necessitate a revision to export controls for Cambodia under the EAR.
In June 2021, during an official visit to Cambodia, Deputy Secretary of State Wendy Sherman expressed serious concerns about the Peoples Republic of Chinas PRC or China military presence and construction of facilities at Ream Naval Base in Cambodia. Deputy Secretary Sherman emphasized that an exclusive-use PRC military base in Cambodia would undermine Cambodian sovereignty, threaten regional security, and negatively impact U.S.-Cambodia relations. Since then, the Department of State State and the Treasury Treasury, have taken action under their respective authorities to address such concerns. In November 2021, State and Treasury designated two
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Licensing Policy This rule adds Cambodia to the list of countries subject to the licensing policy in 742.4b7 NS-controlled items of the EAR. The license review policy for NS-controlled items in 742.4b7
applies to transactions with the countries listed in 744.21, and now applies to Cambodia as well. This rule removes the reference to Cambodia in the policy described in 742.4b6, which is superseded in this rule by the
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