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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Rules and Regulations DEPARTMENT OF COMMERCE
Bureau of Industry and Security 15 CFR Part 744
Docket No. 2103030036
RIN 0694AI42

Addition of Entities to the Entity List Bureau of Industry and Security, Commerce.
ACTION: Final rule.
AGENCY:

In this final rule, the Bureau of Industry and Security BIS amends the Export Administration Regulations EAR to further implement U.S.
sanctions on selected Burmese government ministries and related enterprises. Specifically, BIS amends the EAR by adding four entities to the Entity List under the destination of Burma. These four entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. The actions in this rule support the United States Governments efforts to promote a return to democracy in Burma following the February 1, 2021
Burmese military coup. They also reflect the United States Governments goal of supporting the people of Burma by preventing Burma military and security services from obtaining items subject to the EAR.
DATES: This rule is effective March 8, 2021.
FOR FURTHER INFORMATION CONTACT:
Chair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: 202 4825991, Fax: 202 482
3911, Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

Entity List The Entity List 15 CFR, subchapter C, part 744, Supplement No. 4 identifies entities reasonably believed to be involved in, 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 Export Administration Regulations EAR 15
CFR parts 730774 impose additional license requirements on, and limit the availability of most license exceptions for exports, reexports, and transfers incountry to listed entities. 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
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Federal Register document adding entities to the Entity List. BIS places entities on the Entity List pursuant to part 744 Control Policy: End-User and End-Use Based and part 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 all decisions to remove or modify an entry by unanimous vote. The Departments represented on the ERC have approved these changes to the Entity List.
Additions to the Entity List Made in Response to the February 1, 2021
Military Coup in Burma BIS is making additions to the Entity List as part of a broader U.S.
Government response to the February 1, 2021 coup by the military in Burma, which overthrew Burmas democratically-elected government, and the militarys subsequent arrest and detention of government leaders, human rights defenders, and journalists. On February 10, 2021, President Biden signed Executive Order E.O. 14014, Blocking Property With Respect to the Situation in Burma E.O. 14104 in which he declared a national emergency to address the threat posed to the United States by the situation in, and in relation to, Burma following the coup.
See 86 FR 9429 Feb. 12, 2021.
Since February 10, 2021, BIS has taken action under the EAR to strengthen export controls on Burma and address the foreign policy and national security concerns that formed the basis for the issuance of E.O. 14104.
On February 18, 2021, BIS published a rule in the Federal Register adopting a more restrictive review policy of a presumption of denial for license applications involving items subject to the EAR that require a license for export and reexport and that are destined for Burmas Ministry of Defence, Ministry of Home Affairs, armed forces, or security services. The February 18, 2021
rule also suspended the availability in part or in full of four license exceptions in part 740 of the EAR for items destined for Burma. See 86 FR 10011
Feb. 18, 2021. As part of an additional final rule, BIS imposed additional restrictions on Burma, including by removing the country from Country Group B, and placing it in the more restrictive Country Group D:1, and by
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adding it to the list of countries subject to defined military end use and military end user restrictions. See supp. no. 1 to part 740 and 742.4 and 744.21 of the EAR.
In this rule, BIS is taking additional steps in response to the situation in Burma. BIS is adding four entities, including specifically identified aliases, to the Entity List under the destination of Burma: The Ministry of Defence, the Ministry of Home Affairs, Myanmar Economic Corporation, and Myanmar Economic Holdings Limited. The actions in this rule support the United States Governments efforts to promote a return to democracy in Burma. In particular, this rule enhances the U.S.
Governments efforts to ensure that items subject to the EAR are not available to Burmas Ministry of Defence and the Ministry of Home Affairs, the entities responsible for the coup, or the two commercial entities owned and operated by the Ministry of Defence, Myanmar Economic Corporation and Myanmar Economic Holdings Limited, which provide revenue for the Ministry of Defence.
The departments represented on the ERC reviewed and applied 744.11b Criteria for revising the Entity List in making the determination to add these four entities to the Entity List. Under paragraph b, persons for whom there is reasonable cause to believe, based on specific and articulable facts, that they have been involved, are involved, or pose 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, along with those acting on behalf of such persons, may be added to the Entity List. Paragraphs b1 through 5
of 744.11 provide an illustrative list of activities that could be contrary to the national security or foreign policy interests of the United States. For each of the four entities identified below, the ERC made the requisite determination based on the standard set forth in 744.11b. The four entities added to the Entity List in this rule are involved in activities that are contrary to the national security and foreign policy of the United States by being involved in, or supporting, the military coup in Burma.
For the four entities added to the Entity List in this final rule, BIS
imposes a license requirement for all items subject to the EAR and a license review policy of presumption of denial.
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 rule. The acronym a.k.a. also known
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