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Rules and Regulations
Federal Register Vol. 86, No. 41
Thursday, March 4, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF COMMERCE
Bureau of Industry and Security 15 CFR Part 744
Docket No. 2012160348
RIN 0694AI36

Addition of Certain Entities to the Entity List; Correction of Existing Entries on the Entity List Bureau of Industry and Security, Commerce.
ACTION: Final rule.
AGENCY:

This final rule amends the Export Administration Regulations EAR by adding fourteen entities to the Entity List. These fourteen 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. These fourteen entities will be listed on the Entity List under the destinations of Germany, Russia, and Switzerland. This rule also corrects six existing entries to the Entity List, one under the destination of Germany and the other five under the destination of China.
DATES: This rule is effective March 4, 2021.
SUMMARY:

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, Email: ERC@
bis.doc.gov.
SUPPLEMENTARY INFORMATION:

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Background The Entity List 15 CFR, Subchapter C, part 744, Supplement No. 4 of the Export Administration Regulations EAR identifies entities 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
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interests of the United States. The EAR
impose license requirements on and limit the availability of most license exceptions for exports, reexports, and transfers in country involving 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 Federal Register notice adding entities to the Entity List. The Bureau of Industry and Security 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 makes all decisions to remove or modify an entry by unanimous vote.
ERC Entity List Decisions Additions to the Entity List This rule implements the decision of the ERC to add fourteen entities to the Entity List. The fourteen entities are located in Germany, Russia, and Switzerland.
The ERC reviewed and applied 744.11b Criteria for revising the Entity List in making the determination to add these fourteen entities to the Entity List. Under that paragraph, 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 b5 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 fourteen entities described below, the ERC made the requisite determination based on the standard set forth in 744.11b.

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The ERC determined to add the following thirteen entities: Chimmed Group; Chimconnect GmbH;
Chimconnect AG; Pharmkontract GmbH; Femteco; Interlab; LabInvest;
OOO Analit Products; OOO Intertech Instruments; Pharmcontract GC; Rau Farm; Regionsnab; and Riol-Chemie, to the Entity List based on their proliferation activities in support of Russias weapons of mass destruction programs. Nine of these entities are located in Russia, three are located in Germany, and one is located in Switzerland. Pursuant to 744.11 of the EAR, the ERC also determined to add the 27th Scientific Center of the Russian Ministry of Defense a.k.a., 27th NTs located in Russia to the Entity List. This entity is a Russian Government Ministry of Defense facility associated with Russias chemical weapons activities.
Pursuant to 744.11b of the EAR, the ERC determined that the conduct of these fourteen entities raises sufficient concern that prior review of exports, reexports, or transfers in-country of all items subject to the EAR involving these entities, and the possible imposition of license conditions or license denials on shipments involving the entities, will enhance BISs ability to prevent items subject to the EAR from being used in activities contrary to the national security and foreign policy interests of the United States.
For the fourteen entities added to the Entity List in this final rule, BIS
imposes a license requirement that applies to all items subject to the EAR.
For the 27th Scientific Center of the Russian Ministry of Defense, BIS will review license applications under 744.4d of the EAR, the review policy that applies to items subject to the EAR
that are destined for certain chemical and biological weapons end-uses. With respect to the other thirteen entities located in Russia, Germany, and Switzerland, BIS will review license applications under 744.4d of the EAR
as well as the policies set forth in 744.2d and 744.3d, which apply to items subject to the EAR that are destined for certain nuclear and missile technology end-uses, respectively.
With respect to all fourteen entities, the license requirements apply to any transaction in which items subject to the EAR are to be exported, reexported, or transferred in country involving any of the entities in which such entities act as
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