The Entity List restrictions apply only to the export, reexport, or transfer of items to designated Huawei entities, but do not preclude the entry into contracts or other commercial dealings with those entities. 11/18/2022, 197 The complexity of the new rule will no doubt generate yet another round of transaction analysis and interpretive questions, as well as new compliance challenges for those doing business with Huawei, particularly for those supplying captured semiconductor and telecommunications items. A Rule by the Industry and Security Bureau on 05/21/2019. As set forth in the Superseding Indictment filed in the Eastern District of New York, Huawei participated along with certain affiliates in the alleged criminal violations of U.S. law, including one or more non-U.S. affiliates. should verify the contents of the documents against a final, official 1 to Part 740 of the EAR. 3201 et seq. This site displays a prototype of a Web 2.0 version of the daily HiSilicon Tech (Suzhou) Co., Ltd., Suzhou, Jiangsu, China. Information about this document as published in the Federal Register. It is published by the BIS at Supplement No. Huawei do Brasil Telecomunicaces Ltda, Sao Paulo, Brazil. edition of the Federal Register. Entity List - Wikipedia More Huawei Affiliates Added To Entity List - Benzinga The U.S. Commerce Department, Bureau of Industry and Security (" BIS ") published a final rule on May 21, 2019, adding the largest telecommunications-equipment manufacturer in the world, Huawei Technologies Co., Ltd., and 68 of its non-US affiliates (collectively, " Huawei "), to BIS's Entity List. 2 0 obj The OFR/GPO partnership is committed to presenting accurate and reliable Register documents. 1 to part 774 of the EAR. Further, Huawei's affiliates present a significant risk of acting on Huawei's behalf to engage in such activities. Under 744.11(b) (Criteria for revising the Entity List) of the EAR, persons for whom there is reasonable cause to believe, based on specific and articulable facts, that the person 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 persons may be added to the Entity List. Due to aggressive automated scraping of FederalRegister.gov and eCFR.gov, programmatic access to these sites is limited to access to our extensive developer APIs. BIS Extends Huawei TGL While Also Restricting Supply of Foreign U.S. Commerce Department Authorizes the Release of Technology to Huawei Pub. Huawei Device (Dongguan) Co., Ltd., Dongguan, Guangdong, China. are not part of the published document itself. of the issuing agency. These most recent rules changes : (i) provide a 90-day extension to BIS's existing Temporary General License for certain Huawei transactions, and (ii) expand BIS's existing "foreign-produced direct product rule" in order to prohibit the use of U.S. origin software and technology in producing certain items for the Huawei Entity List designees. This action now brings the total number of Entity List-designated Huawei affiliates to one hundred and fifty-two (152). March 2022. rendition of the daily Federal Register on FederalRegister.gov does not Chinese Telecom Companies Under Fire: Commerce Moves to Cut Off Huawei L. 115-232, Title XVII, Subtitle B (132 Stat. documents in the last year, 881 ; 50 U.S.C. BIS Expands the Huawei Foreign Direct Product Rule to Capture a Wide Huawei Entity List Action Update - Orrick, Herrington & Sutcliffe L. 115-232 (132 Stat. President Trump's administration has warned that Huawei could be a vehicle for Chinese espionage and put the company on a so-called "entity list," meaning that U.S. corporations that conduct business with the telecoms giant now require special licenses to do so. While only a few Huawei sub-entities were added in 2012 during the Obama administration, the Trump administration has added 152 Huawei sub-entities since May 2019. Suzhou Huawei Investment Co., Ltd., Suzhou, Jiangsu, China. Federal Register issue. The Bureau of Industry and Security (BIS) released to the public an interim final rule effective May 15, 2020 requiring foreign manufacturers to obtain an export license before supplying. Feds begin approving some export licenses for Huawei (emphasis added). documents in the last year, 37 Huawei International Pte. g. Under China, People's Republic of, by adding in alphabetical order, thirty-six Chinese entities: Beijing Huawei Digital Technologies Co., Ltd., Chengdu Huawei High-Tech Investment Co., Ltd., Chengdu Huawei Technologies Co., Ltd., Dongguan Huawei Service Co., Ltd., Dongguan Lvyuan Industry Investment Co., Ltd., Gui'an New District Huawei Investment Co., Ltd., Hangzhou Huawei Digital Technology Co., Ltd., HiSilicon Optoelectronics Co., Ltd., HiSilicon Technologies Co., Ltd (HiSilicon), HiSilicon Tech (Suzhou) Co., Ltd., Huawei Device Co., Ltd., Huawei Device (Dongguan) Co., Ltd., Huawei Device (Shenzhen) Co., Ltd., Huawei Digital Technologies (Suzhou) Co., Ltd., Huawei Machine Co., Ltd., Huawei Software Technologies Co., Ltd., Huawei Technical Service Co., Ltd., Huawei Technologies Co., Ltd., Huawei Technologies Service Co., Ltd., Huawei Training (Dongguan) Co., Ltd., Huayi internet Information Service Co., Ltd., North Huawei Communication Technology Co., Ltd., Shanghai Haisi Technology Co., Ltd., Shanghai Huawei Technologies Co. Ltd., Shanghai Mossel Trade Co., Ltd., Shenzhen Huawei Technical Services Co., Ltd., Shenzhen Huawei Terminal Commercial Co., Ltd., Shenzhen Huawei Training School Co., Ltd., Shenzhen Huayi Loan Small Loan Co., Ltd., Shenzhen Legrit Technology Co., Ltd., Shenzhen Smartcom Business Co., Ltd., Suzhou Huawei Investment Co., Ltd., Wuhan Huawei Investment Co., Ltd., Xi'an Huawei Technologies Co., Ltd., Xi'an Ruixin Investment Co., Ltd., and Zhejiang Huawei Communications Technology Co., Ltd.. BIS's Final Rule added 38 additional non-US affiliates of Huawei to the Entity List because, like the other 115 Huawei entities on the Entity List, they pose "a significant risk of. The Federal Register notice provides this example regarding an interpretation of (a): "For example, if an entity with a footnote 1 designation on the Entity List produces or develops an integrated circuit design utilizing specified Category 3, 4 or 5 'technology' or 'software' such as Electronic Design Automation software, whether the 'technology' or 'software' is U.S.-origin or foreign-produced and made subject to the EAR pursuant to the de minimis or foreign-produced direct product rule, that foreign-produced integrated circuit design is subject to the EAR." With federal authorities failing on security, states like Florida and Georgia stepped in. Part 744 (the Entity List), hereinafter "Huawei.". the Federal Register. US Adds Huawei and Affiliates to the Department of Commerce Entity List Commerce Department Adds 77 Companies and Individuals to the Entity List, Many in China, and Issues Huawei FAQs December 21, 2020, Covington Alert On December 18, the U.S. Department of Commerce's Bureau of Industry and Security ("BIS") released a Final Rule ("the Rule"), effective immediately, adding 77 entities to the BIS Entity List. By placing Huawei on the Entity List, BIS prohibited exports, reexports, and transfers of U.S. goods, software, and technology, including common, off-the-shelf electronic components and commercial software as well as basic, low-level EAR99 technology, to Huawei. Huawei's Future on the Entity List - Barnes Richardson Accordingly, part 744 of the Export Administration Regulations (15 CFR parts 730-774) is amended as follows: 1. 3501 et seq.) stream About the Federal Register documents in the last year, 112 Huawei Technologies (Yangon) Co., Ltd., Yangon, Burma. 2022 Steptoe & Johnson LLP. The Rule provides for changes in the way standards organizations make available nonpublic technical information to Huawei and its foreign affiliates, and potentially to additional companies listed on the U.S. Entity List | U.S. Department of Commerce In addition, footnote 1 to the Entity List (FN1) was added to the License Requirement section of the Entity List. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. OFAC Sanctions One Individual, Nine Companies over Congo Gold Trade. Huawei Technologies Paraguay S.A., Asuncion, Paraguay. Investment Co., Limited, Huawei Technologies Co. Ltd., Hua Ying Management Co. Limited, and Smartcom (Hong Kong) Co., Limited. HiSilicon Optoelectronics Co., Ltd., Wuhan, Hubei, China. Shenzhen Huawei Terminal Commercial Co., Ltd., Shenzhen, Guangdong, China. documents in the last year, 820 If you are human user receiving this message, we can add your IP address to a set of IPs that can access FederalRegister.gov & eCFR.gov; complete the CAPTCHA (bot test) below and click "Request Access". The Drama Around Huawei: Can U.S. Companies Do Business with the }zQoS|{>|IU[|?T/~(dE@7Sn8QgPt~WxVVYE|qDx|dtl@2uV_W\7eWM=g:Ls!0LNO1fR*B/5{HG>=BWV54H@gnK%gT7+_{M}jjuvr^ujjUY)h_{EKoT~J^\Q~mTAW5:y4we[gs[6E'f"?|jh_?f8,|Hx0=EOd^@+z]N?gS9jnu^2Vn?x/zi|PlCXQy _;O)){;I{O~.~AiR117[9bu;PoX'hU@k&L$tz1Ogy}^gnfC2J%bgG~i =/4*KIYeF#&Gk6R/bUK'S> I!Tu0lTNZIRUMi*KgwAz^ZfjtUy-R$8in.xql%h%R -% B}Zg?Z%t/XZvf. documents in the last year, 523 Huawei and 38 subsidiaries' access to US technology restricted More Huawei Affiliates Added To Entity List - finance.yahoo.com Each document posted on the site includes a link to the documents in the last year, 22 by the Export-Import Bank The FCC must do its job to protect Americans from Chinese government x. On August 17, 2020, the US Commerce Department's Bureau of Industry and Security ("BIS") issued a final rule ("Final Rule") (i) expanding the Export Administration Regulations ("EAR") General Prohibition Three (the foreign-produced direct product rule, or the "FPDP Rule") to further restrict Huawei Technologies Co. Ltd. and its affiliates designated on the BIS Entity List . Only official editions of the on U.S. and Foreign Business Affected by Addition of Huawei to the BIS headings within the legal text of Federal Register documents. (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. 4601 et seq.) better and aid in comparing the online edition to the print edition. As set forth in sec. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of August 8, 2018, 83 FR 39871 (August 13, 2018); Notice of September 19, 2018, 83 FR 47799 (September 20, 2018). By adding in alphabetical order a heading for Vietnam and two Vietnamese entities, Huawei Technologies (Vietnam) Company Limited and Huawei Technology Co. Ltd.. 5. 84 FR [INSERT FR PAGE NUMBER] May 21, 2019. y. m. By adding in alphabetical order a heading for Jordan and one Jordanian entity, Huawei Technologies Investment Co. Ltd.. 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) (Title XVII, Subtitle B of Pub. Entity List, Technology Sector, Huawei | JD Supra The first rule has three parts: (1) the addition of 38 new Huawei affiliates to the Entity List; (2) the removal of the Temporary General License (TGL) and replacement with a more limited permanent general license; and, (3) amendments to the direct product rule (DPR). documents in the last year, by the Environmental Protection Agency The Public Inspection page may also Huawei Technologies (Vietnam) Company Limited, Hanoi, Vietnam. 4 to 15 C.F.R. Huawei Technologies Research & Development Belgium NV, Belgium. Effective Date: This rule is effective May 16, 2019. This table of contents is a navigational tool, processed from the A Mere Two Years After Adding Huawei to Entity List, BIS Announces In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding Huawei Technologies Co., Ltd. (Huawei) to the Entity List. This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. Leadership Alan F. Estevez Under Secretary of Commerce for Industry and Security Thea D. Rozman Kendler Accordingly, no regulatory flexibility analysis is required and none has been prepared. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 2210); 50 U.S.C. Interim Final Rule Changes How Standards Organizations Make for better understanding how a document is structured but All Rights Reserved. ; 22 U.S.C. On May 16, 2019, the US Department of Commerce's Bureau of Industry and Security ("BIS") issued a final rule amending the Export Administration Regulations ("EAR") by adding to the Entity List Huawei Technologies Co., Ltd. and 68 of its non-US affiliates (collectively "Huawei"). The Bureau of Industry and Security (BIS) of the U.S. Department of Commerce (Commerce) has added Huawei Technologies Co. Ltd. and 68 of its Chinese and global non-US affiliates (the Huawei Group) to the BIS Entity List.Additions to the BIS Entity List are decided by a multiagency End-User Review Committee (ERC), which is comprised of officials from the Departments of Commerce, Defense, State . Shanghai Mossel Trade Co., Ltd., Shanghai, China. Huawei Technologies Lanka Company (Private) Limited, Colombo, Sri Lanka. Exports do not need to be tangible items and do not need . 1 the designation imposes an export license requirement on all exports, reexports, and transfers of items subject to the BIS is also adding non-U.S. affiliates of Huawei to the Entity List because those affiliates pose a significant risk of involvement in activities contrary to the national security or foreign policy interests of the United States. Attorney AdvertisingPrior results do not guarantee a similar outcome. The documents posted on this site are XML renditions of published Federal Consequently, the EAR now applies to and controls (i.e., requires a license for) a broader array of foreign-produced items when destined to Huawei. Currently, only Huawei and its named affiliates are included in FN1 (FN1 Entity) and are subject to the restrictions based upon the expanded jurisdictional scope of the EAR set out in this new rule. The Public Inspection page 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. Huawei and the two subsidiaries (among other affiliates) had been added to the Entity List in May 2019. 3. The Chinese telecommunications company Huawei and 68 affiliated organizations across 26 countries have been listed on this denied party list since May 16, 2019. US - BIS adds Chinese multinationals to the Entity List and publishes While not published until the 21st, the entity list had an effective date of 5/16/2019. 11/18/2022, 242 (See 744.11 of the EAR). Under United Kingdom, by adding in alphabetical order, three British entities, Huawei Global Finance (UK) Limited, Proven Glory, and Proven Honour. i. Bureau of Industry and Security | U.S. Department of Commerce For complete information about, and access to, our official publications (1) Huawei Technologies Paraguay S.A., Asuncion, Paraguay. Shenzhen Huawei Technical Services Co., Ltd., Shenzhen, Guangdong, China. Addition of Huawei Non-U.S. Affiliates to the Entity List, the Removal 601, et seq., are not applicable. On December 18, 2020 Semiconductor Manufacturing International Corp. ("SMIC") was officially added to the Bureau of Industry and Security ("BIS") Entity List. BIS also imposed licensing requirements on any transaction involving items subject to the export control . % 2210); 50 U.S.C. Chengdu Huawei Technologies Co., Ltd., Chengdu, Sichuan, China. Director, Office of Exporter Services, Bureau of Industry and Security, Department of Commerce, Phone: (949) 660-0144 or (408) 998-8806 or email your inquiry to: ECDOEXS@bis.doc.gov. 7201 et seq. Bureau of Industry and Security 15 CFR Part 744 [Docket No. 4 to Part 744 of the EAR. Similarly, no license exceptions are available for exports, reexports, or transfers (in-country) to the persons being added to the Entity List in this rule except as allowed in the Savings Clause in this final rule. You may send comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by email to Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395-7285. US Commerce Department Expands Huawei- and Entity List-Related Rules legal research should verify their results against an official edition of (1) Huawei Technologies Madagascar Sarl, Antananarivo, Madagascar. BIS added 38 other Huawei affiliates to the entity list, imposing a licensing requirement for all items subject to the Export Administration Regulations (EAR) and modified four existing entries in the list of entities. Shenzhen Huayi Loan Small Loan Co., Ltd., Shenzhen, Guangdong, China. HiSilicon Technologies Co., Ltd (HiSilicon), Bantian Longgang District, Shenzhen, 518129, China. Such awareness is inferred from evidence of the conscious disregard of facts known to a person and is also inferred from a person's willful avoidance of facts" (emphasis added). A group of Republican Senators want to shut down a chip center to snub Huawei but have failed at every turn to keep the telecom giant down. On May 21, 2019, the Federal Register published the Bureau of Industry and Security (BIS) "Addition of Entities to the Entity List". Under Germany, by adding in alphabetical order, one German entity, Huawei Technologies Deutschland GmbH. The item is produced or developed by a FN1 Entity and is a direct product of "technology" or "software" subject to the EAR and specified in the Export Control Classification Numbers (ECCNs) listed below: 3E001, 3E002, 3E003, 4E001, 5E001, 3D001, 4D001, or 5D001; 3E991, 4E992, 4E993, or 5E991; or ECCN 3D991, 4D993, 4D994, or 5D991;[3]. BIS Publishes Final "Direct Product" Rule for Huawei and Entity List documents in the last year, 42 documents in the last year, 81 BIS will be accepting comments regarding the interim final rule until July 14. (1) Xunwei Technologies Co., Ltd., Taipei, Taiwan. Notwithstanding any other provision of law, no person is required to respond to nor be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. The Superseding Indictment also alleges that Huawei and an Iranian-based affiliate, working with others, knowingly and willfully conspired to impair, impede, obstruct, and defeat, through deceitful and dishonest means, the lawful government operations of OFAC. w. Under Switzerland, by adding in alphabetical order, one Swiss entity, Huawei Technologies Switzerland AG. documents in the last year, 1473 The BIS Entity List covers any export, re-export, or in-country transfer (i.e. Document page views are updated periodically throughout the day and are cumulative counts for this document. Were exported from the territorial jurisdiction of the United States or otherwise released to foreign persons in the United States; Were (a) located outside of the United States; (b) classified under an ECCN on the Commerce Control List for which National Security (NS) controls applied; (c) the "direct product" of (i) US-origin "software" or "technology" that requires either a written assurance as a supporting document for a specific license or as a pre-condition for use of License Exception Technology and Software, Restricted (TSR) or (ii) of a foreign-located "plant or major component of a plant" that itself was the direct product of such US origin technology; and (d) being reexported to a destination in Country Group D:1 through D:5 and E:1 and E:2 of Supplement No. Open for Comment, Application for Final Commitment for a Long-Term Loan or Financial Guarantee in Excess of $100 Million, Economic Sanctions & Foreign Assets Control, Restoring Protective Human Health Criteria in Washington, Notice is Given of the Names of Members of the Performance Review Board for the Department of the Air Force, Advanced Methods To Target and Eliminate Unlawful Robocalls; Call Authentication Trust Anchor, Decrease of Assessment Rate for Texas Oranges and Grapefruit, Expansion of FSIS Shiga Toxin-Producing Escherichia coli (STEC) Testing to Additional Raw Beef Products, Taking Additional Steps To Address the National Emergency With Respect to the Situation in Nicaragua, Lowering Prescription Drug Costs for Americans, https://www.federalregister.gov/d/2019-10616, MODS: Government Publishing Office metadata, *******. 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