战略与国际研究中心-The-United-States-Blacklisted-28-Chinese-Entities-over-Repression-of-Muslim-Minorities-in-Xinjiang-What-Does-This-Mean-for-Human-Rights__21页_518kb

Summary of the Final Rule: Addition of Certain Entities to the Entity List

Core Content

This final rule amends the Export Administration Regulations (EAR) by adding twenty-eight entities to the Entity List. These entities are located in the People's Republic of China (China) and have been identified by the U.S. Government as engaging in activities contrary to the foreign policy interests of the United States. The addition of these entities is based on their involvement in human rights violations and abuses related to China's campaign of repression, mass arbitrary detention, and high-technology surveillance against Uighurs, Kazakhstans, and other members of Muslim minority groups in the Xinjiang Uighur Autonomous Region (XUAR).

Main Points

• Entities Added: The entities include:

  • 19 government agencies and institutions within the XUAR, primarily public security bureaus and one police college.
  • 9 private companies, including well-known firms such as Dahua Technology, Hikvision, and SenseTime.

• Reason for Addition: These entities are added due to their involvement in activities that are contrary to U.S. foreign policy interests, specifically those related to human rights abuses and surveillance in Xinjiang.

• License Requirements:

  • All exports, reexports, and transfers (in-country) to these entities require a license.
  • A case-by-case review is mandated for specific Export Control Classification Numbers (ECCNs): 1A004.c, 1A004.d, 1A995, 1A999.a, 1D003, 2A983, 2D983, and 2E983.
  • For EAR99 items described in the Note to ECCN 1A995, such as consumer goods and medical products, a case-by-case review also applies.
  • For all other items subject to the EAR, a presumption of denial is applied.

• No License Exceptions: No license exceptions are available for exports, reexports, or transfers (in-country) to the entities listed in this rule.

• Effective Date: The rule is effective on the date of publication in the Federal Register, which is to be inserted.

Key Information

• Decision-Making Body: The End-User Review Committee (ERC), composed of representatives from the Departments of Commerce (Chair), State, Defense, Energy, and, where appropriate, the Treasury, is responsible for all decisions regarding additions to the Entity List.

• Voting Requirements:

  • Addition of entities requires a majority vote.
  • Removal or modification of entities requires a unanimous vote.

• Legal Basis: The rule is issued under the authority of the Export Control Reform Act of 2018 (ECRA), which is part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

• Savings Clause: Shipments that were already in transit to a port of export or reexport on the date of publication in the Federal Register may proceed under the previous eligibility for a License Exception or export/reexport without a license (NLR).

• Regulatory Impact:

  • This rule does not impose policies with Federalism implications.
  • It is exempt from the Administrative Procedure Act requirements for public participation and notice of proposed rulemaking.
  • No Regulatory Flexibility Act analysis is required.

Entity List Amendments

The following entities are added to the Entity List under the destination of China:

• Xinjiang Uighur Autonomous Region (XUAR) People's Government Public Security Bureau and its subordinate municipal and county public security bureaus.
• Dahua Technology
• Hikvision
• IFLYTEK
• Megvii Technology
• Sense Time
• Xiamen Meiya Pico Information Co. Ltd.
• Yitu Technologies
• Yixin Science and Technology Co. Ltd.

Each entity is listed with appropriate aliases where applicable, to assist exporters, reexporters, and transferors in identifying them.

Additional Notes

• The rule includes a list of subjects for 15 CFR Part 744, which includes exports, reporting and recordkeeping requirements, and terrorism.
• The authority citation for 15 CFR Part 744 is updated to reflect the legal basis of the rule.
• The additions are made to Supplement No. 4 to Part 744 of the EAR.