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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations Issued in Des Moines, Washington, on October 28, 2021.
B.G. Chew, Acting Group Manager, Operations Support Group, Western Service Center.
FR Doc. 202123980 Filed 11321; 8:45 am BILLING CODE 491013P

DEPARTMENT OF COMMERCE
Bureau of Industry and Security 15 CFR Part 744
Docket No. 2110190210
RIN 0694AI64

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

ERC Entity List Decisions Additions to the Entity List
This final rule amends the Export Administration Regulations EAR by adding four entities to the Entity List. These four entities have been determined by the U.S.
Government to be acting contrary to the foreign policy and national security interests of the United States and will be listed on the Entity List under the destinations of Israel, Russia, and Singapore.

SUMMARY:

This rule is effective November 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Chair, End-User Review Committee, Office of the Assistant Secretary for Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: 202 4825991, Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
DATES:

Background
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Entity List The Entity List supplement no. 4 to part 744 of the EAR 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. The EAR
15 CFR parts 730774 impose additional license requirements on, and limit the availability of most license exceptions for, exports, reexports, and transfers in-country 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
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of license exceptions is described in the relevant Federal Register document adding entities to the Entity List. 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.

This rule implements the decision of the ERC to add four entities to the Entity 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 Israel, Russia, and Singapore.
The ERC determined that NSO Group and Candiru be added to the Entity List based on 744.11b of the EAR: Entities for which there is reasonable cause to believe, based on specific and articulated 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 and those acting on behalf of such entities.
Specifically, investigative information has shown that the Israeli companies NSO Group and Candiru developed and supplied spyware to foreign governments that used this tool to maliciously target government officials, journalists, businesspeople, activists, academics, and embassy workers.
The ERC determined that Positive Technologies, located in Russia, and Computer Security Initiative Consultancy PTE. LTD., located in Singapore, be added to the Entity List based on their engagement in activities counter to U.S. national security.
Specifically, these entities traffic in cyber exploits used to gain access to information systems, threatening the privacy and security of individuals and organizations worldwide.
Pursuant to 744.11b of the EAR, the ERC determined that the conduct of the above-described four entities raises
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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. In addition, the ERC also determined that no license exceptions should be available for exports, reexports, or transfers incountry to the persons being added to the Entity List in this rule. The ERC
imposed 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:
Israel Candiru; and NSO Group Russia Positive Technologies Singapore Computer Security Initiative Consultancy PTE. LTD.
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 November 4, 2021, 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.
Export Control Reform Act of 2018
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.

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