AGENCY:

Bureau of Industry and Security, Commerce.

ACTION:

Final rule.

SUMMARY:

In this rule the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove the People's Republic of China (PRC or China) Special Administrative Region of Hong Kong from the list of destinations in the EAR. The amendments implement Sections 2 and 3 of Executive Order 13936 of July 14, 2020, in response to new security measures imposed on Hong Kong by the government of China. These new measures fundamentally undermine Hong Kong's autonomy increasing the risk sensitive U.S. technology and items will be diverted to unauthorized end uses and end users in China.

DATES:

This rule is effective December 23, 2020.

FOR FURTHER INFORMATION CONTACT:

Tracy Patts, Foreign Policy Division, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Security, U.S. Department of Commerce, by email at Foreign.Policy@bis.doc.gov, or by phone at 202-482-4252.

SUPPLEMENTARY INFORMATION:

Background

This rule represents the culmination of a rapid escalation of tensions over several months between the United States and China over the Hong Kong Special Administrative Region (Hong Kong or HKSAR). A brief timeline follows below.

On May 21, a spokesperson for the PRC's National People's Congress (NPC) announced the body would consider a resolution authorizing the adoption of national security legislation for the HKSAR.

On May 27, the Secretary of State submitted the 2020 Hong Kong Policy Act Report to Congress, certifying that the HKSAR “does not continue to warrant treatment under U.S. laws in the same manner as U.S. laws were applied to Hong Kong before July 1997.” The Secretary's certification was issued pursuant to sections 205 and 301 of the United States-Hong Kong Policy Act of 1992 (HKPA).

On May 29, the President announced the Administration would “begin the process” of revoking the HKSAR's separate treatment from mainland China under U.S. laws, a status afforded to the HKSAR under the HKPA.

In June 2020, China followed through on imposing national security legislation on Hong Kong, and on further denying Hong Kong's autonomy and freedoms promised by China to the people of Hong Kong under the 1984 Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong (Joint Declaration). This national security legislation fundamentally undermined autonomy in Hong Kong, thereby increasing the risk that sensitive U.S. technology and items will be diverted to unauthorized end uses and end users in China or elsewhere. BIS announced on its website on June 30, 2020, and subsequently published in the Federal Register on July 31 at 85 FR 45998, a notice suspending the availability of all license exceptions for Hong Kong that provide differential treatment as compared to those available to the PRC. A license exception is an authorization allowing exports, reexports, or transfers (in-country) under stated conditions of items subject to the EAR that would otherwise require a license.

On July 14, the President signed Executive Order (E.O.) 13936 (85 FR 43413, 7/17/2020).

The amendments in this rule relative to Hong Kong implement E.O. 13936 with regard to its effect on the Export Control Reform Act of 2018 (ECRA) and the EAR. Section 2 of E.O. 13936 suspends the application of section 201(a) of the HKPA, to a variety of statutes, including ECRA. Section 3 of E.O. 13936 directs the heads of relevant agencies to “commence all appropriate actions [within 15 days] to further the purposes” of E.O. 13936, including by amending any regulations implementing statutes specified in section 2 that provide different treatment for Hong Kong as compared to China.

Summary of the Changes Proposed and Their Impact

Pursuant to E.O. 13936, BIS amends the EAR to remove provisions that provide differential and preferential treatment for exports to Hong Kong, reexports to Hong Kong and transfers (in-country) within Hong Kong of all items subject to the EAR when compared to the treatment for such transactions to or within China. As a result of this rule, Hong Kong will be treated the same as China under the EAR except in certain circumstances that do not provide preferential treatment. The references to Hong Kong that remain in the EAR support U.S. national security and foreign policy objectives, and recognize certain differences that remain in how trade is processed within and through Hong Kong. Specifically, in this rule, BIS amends:

PART 738—COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART

Supplement No. 1 to Part 738—Commerce Country Chart by removing the entry for Hong Kong from the Commerce Country Chart. License requirements for Hong Kong will now be governed by the Commerce Country Chart entry for China.

PART 740—LICENSE EXCEPTIONS

On July 31, 2020, BIS published a final rule amending the EAR to suspend the availability of all license exceptions to Hong Kong that provide differential and preferential treatment as compared to those available to China (See: 85 FR 45998). The changes implemented in this final rule are consistent with and in addition to the amendments of the July 31, 2020 final rule. License exceptions made unavailable to Hong Kong and listed by that rule in paragraph (23) of § 740.2(a) of the EAR remain unavailable. However, because Hong Kong is being removed as a separate destination on the Commerce Country Chart and in other places in the EAR, and will fall under the destination of China, this rule removes paragraph (23) of § 740.2(a) of the EAR, which is no longer necessary to bring license exception availability for Hong Kong in line with license exception availability for China.

In addition, in order to remove specific references to Hong Kong in Part 740, BIS amends:

Section 740.7—Computers (APP) by removing Hong Kong from the list of Computer Tier 1 destinations in paragraph (c). Hong Kong will now be considered a part of China, in Computer Tier 3.

Section 740.11—Governments, international organizations, international inspections under the Chemical Weapons Convention, and the International Space Station (GOV) by removing Hong Kong from the description of `Cooperating governments' in paragraph (c)(1). This paragraph of License Exception GOV is not available for China, and thus is not available for Hong Kong.

Section 740.16—Additional permissive reexports (APR) by removing Hong Kong from paragraphs (a) (formerly titled Reexports from Country Group A:1 and Hong Kong) and (b)—Reexports to and among specified countries. These paragraphs of License Exception APR are not available for reexports from China, and paragraph (b) is not available for reexports to China, and thus these paragraphs are not available for similar transactions to or from Hong Kong. However, as part of China in Country Group D:1, Hong Kong will now be an eligible destination for reexports consistent with the provisions of paragraph (a).

Supplement No. 1 to Part 740—Country Groups by removing the entry for Hong Kong from Country Group A:6, and from Country Group B. Hong Kong will no longer appear separately within the Country Groups but will instead be considered a part of China. China is currently in Country Groups D:1, D:3, D:4, and D:5, and limitations or authorizations that apply to transactions involving China as part of those country groups will now also apply to transactions involving Hong Kong. This includes any limitations that apply to China as a result of its placement in Country Group D:5, consistent with the State Department's determination that the arms embargo on China also applies to Hong Kong.

PART 742—CONTROL POLICY—CCL BASED CONTROLS

Section 742.6—Regional stability by removing and reserving paragraph (a)(6)—RS requirement that applies to Hong Kong—a license requirement. This license requirement, for Export Control Classification Number 6A003.b.4.b, already applies to China, so removal of this provision specific to Hong Kong will not change a license requirement in the EAR.

PART 744—CONTROL POLICY: END-USER AND END-USE BASED

Supplement No. 4 to Part 744—Entity List by removing the entries of entities under the separate entry for “Hong Kong” and merging, alphabetically, those entities under the entry for “China, the People's Republic of”.

Supplement No. 6 to Part 744—Unverified List by removing the entries of entities under the separate entry for “Hong Kong” and merging, alphabetically, those entities under the entry for “China, the People's Republic of”.

PART 745—CHEMICAL WEAPONS CONVENTION REQUIREMENTS

Supplement No. 2 to Part 745—States Parties to the Convention on the Prohibition of the Development, Production, Stockpiles, and Use of Chemical Weapons and on Their Destruction by amending the first sentence with an asterisk that refers to Hong Kong at the end of the Supplement. This provision previously stated that Hong Kong was considered a part of China for CWC purposes only, but now it is considered a part of China for purposes of the EAR more generally.

PART 748—APPLICATIONS (CLASSIFICATION, ADVISORY, AND LICENSE) AND DOCUMENTATION

Section 748.10—People's Republic of China (PRC) End-User Statement by adding a NOTE 5 to paragraph (a) of the section to clarify for the public that a PRC-issued End User Statement is not required for license applications for exports or reexports to Hong Kong, even though Hong Kong is considered a part of China elsewhere in the EAR. As stated in Note 1 to paragraph (b) in § 748.9 of the EAR, BIS may still request end-user statements or other support documents for license applications involving Hong Kong on a case-by-case basis.

PART 758—EXPORT CLEARANCE REQUIREMENTS

BIS adds a note to paragraph (b)(10) of § 758.1 (The Electronic Export Information (EEI) Filing to the Automated Export System (AES)) stating that the EEI filing requirement for China described in paragraph (b)(10) applies to exports to Hong Kong for purposes of the EAR, even if the AES requirements state that the destination filed in EEI is to be listed as Hong Kong.

In removing Hong Kong as a separate destination for purposes of export controls under the EAR, it is treated as part of China for export control purposes and, thereby, is subject to the same license requirements, license exceptions and other applicable provisions under the EAR. Certain EAR provisions, however, retain references to Hong Kong because Hong Kong still operates a separate customs system and a separate export control system.

This rule implements a significant change for Hong Kong, which had previously been in different country groups, eligible for different license exceptions, and subject to different license requirements than China throughout the EAR. A notable change for those engaging in trade with or through Hong Kong will be that Hong Kong, as part of China, will now effectively fall in Country Group D, which will affect license exception availability. However, the impact of this change should be consistent with the impact of the July 31 rule suspending certain license exception eligibility for Hong Kong (see 85 FR 45998) and the earlier notice on the BIS website that accomplished the same purpose.

Certain licensing policies applicable specifically to China will now apply to license applications for transactions to Hong Kong, including policies described in §§ 742.3(b), 742.4(b), and 742.6(b).

In addition, treatment of Hong Kong as part of China, and thus in Country Group D:1, as a result of this rule will result in restrictions on the export, reexport, and transfer (in-country) of certain microprocessors to military end uses and end users in Hong Kong, pursuant to § 744.17, Restrictions on certain exports, reexports, and transfers (in-country) of microprocessors and associated “software” and “technology” for `military end uses' and to `military end users.' Similarly, as it is no longer distinguished as a separate destination from China under the EAR, exports to persons in Hong Kong are subject to the military end-use and end-user provisions of § 744.21—Restrictions on certain `military end use' or `military end user' in the People's Republic of China, Russia, or Venezuela.

For Hong Kong, as part of China, placement in Country Group D:1 will expand the licensing requirements for reexports of the foreign-produced direct product of U.S.-origin technology and software to Hong Kong pursuant to § 736.2(b)(3), General Prohibition Three.

As part of China, Hong Kong will also be subject to restrictions due to its placement in Country Group D:5—U.S. Arms Embargoed Countries, consistent with the State Department's interpretation that Hong Kong is now considered to be included in the entry for China for purposes of the International Traffic in Arms Regulations (ITAR) § 126.1.

End users in Hong Kong are now eligible to be added as validated end users in Supplement No. 7 to Part 748 of the EAR. The procedures for the addition of such end users is described more fully in § 748.15 of the EAR.

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. 4801-4852. ECRA provides the legal basis for BIS's principal authorities and serves as the authority under which BIS issues this rule.

Rulemaking Requirements

1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distribute impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This final rule has been designated a “significant regulatory action,” although not economically significant, under section 3(f) of Executive Order 12866.

2. Notwithstanding any other provision of law, no person may be required to respond to or 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. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This regulation involves a collection currently approved by OMB under control number 0694-0088, Simplified Network Application Processing System. This collection includes, among other things, license applications, and carries a burden estimate of 42.5 minutes for a manual or electronic submission for a total burden estimate of 31,878 hours. BIS expects the burden hours associated with this collection to increase slightly by 4 hours for an estimated cost increase of $120. This increase is not expected to exceed the existing estimates currently associated with OMB control number 0694-0088.

3. This rule does not contain policies with federalism implications as that term is defined under Executive Order 13132.

4. Pursuant to section 1762 of the Export Control Reform Act of 2018 (50 U.S.C. 4801-4852), which was included in the John S. McCain National Defense Authorization Act for Fiscal Year 2019, this action is exempt from the Administrative Procedure Act (5 U.S.C. 553) requirements for notice of proposed rulemaking, opportunity for public participation, and delay in effective date.

5. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required, and none has been prepared.

6. This final rule is not subject to the requirements of Executive Order 13771 (82 FR 9339, February 3, 2017) because it is issued with respect to a national security function of the United States. Hong Kong's current lack of autonomy increases the risk sensitive U.S. technology and items will be illegally diverted to unauthorized end uses and end users in the PRC or to unauthorized destinations such as Iran or North Korea. As the U.S. Government finds it can no longer distinguish between the export of controlled items to Hong Kong and the PRC, Executive Order 13936 and this subsequent rulemaking are meant to counteract actions taken by the PRC. The PRC's actions pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States and its allies. Based on the current situation, Hong Kong no longer warrants treatment under certain United States laws, including export control laws, in the same manner as United States laws were applied to Hong Kong before July 1, 1997.

Therefore, the cost-benefit analysis required pursuant to Executive Orders 12866 and 13563 indicates this rule is intended to improve national security as its primary direct benefit. Accordingly, this rule meets the requirements set forth in the April 5, 2017 OMB guidance implementing Executive Order 13771 (82 FR 9339, February 3, 2017) regarding what constitutes a regulation issued “with respect to a national security function of the United States,” and is, therefore, exempt from the requirements of Executive Order 13771.

Savings Clause

Shipments of items that may no longer be made under No License Required (NLR) as a result of this action and were on dock for loading, on lighter, laden aboard an exporting or transferring carrier, or en route aboard a carrier to a port of export or reexport on December 23, 2020, pursuant to actual orders for export to Hong Kong, reexport to Hong Kong, or transfer within Hong Kong may proceed to their destination under NLR January 22, 2021.

List of Subjects

15 CFR Parts 738

• Exports

15 CFR Parts 740, 748, and 758

• Administrative practice and procedure
• Exports
• Reporting and recordkeeping requirements

15 CFR Part 742

• Exports
• Terrorism

15 CFR Part 744

• Exports
• Reporting and recordkeeping requirements
• Terrorism

15 CFR Part 745

• Administrative practice and procedure
• Chemicals
• Exports
• Foreign trade
• Reporting and recordkeeping requirements

Accordingly, parts 738, 740, 742, 744, 745, 748, and 758 of the Export Administration Regulations (15 CFR parts 730 -774) are amended as follows:

PART 738—COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART

1. The authority citation for part 738 continues to read as follows:

Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.

Supplement No. 1 to Part 738—[Amended]

2. The table in supplement no. 1 to part 738 is amended by removing the entry for “Hong Kong”.

PART 740—LICENSE EXCEPTIONS

3. The authority citation for part 740 continues to read as follows:

Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.

4. Section 740.2 is amended by removing paragraph (a)(23).

5. Section 740.7 is amended by removing “Hong Kong” from paragraph (c)(1).

6. Section 740.11 is amended by revising paragraph (c)(1) introductory text to read as follows:

7. Section 740.16 is amended by revising paragraphs (a) and (b) to read as follows:

Supplement No. 1 to Part 740 [Amended]

8. Supplement no. 1 to part 740 is amended in the Country Group A and B tables by removing the entries for “Hong Kong”.

PART 742—CONTROL POLICY—CCL BASED CONTROLS

9. The authority citation for part 742 continues to read as follows:

Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; Notice of November 12, 2019, 84 FR 61817 (November 13, 2019).

10. Section 742.6 is amended by removing and reserving paragraph (a)(6).

PART 744—CONTROL POLICY: END-USER AND END-USE BASED

11. The authority citation for part 744 is revised to read as follows:

Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of September 18, 2020, 85 FR 59641 (September 22, 2020); Notice of November 12, 2020, 85 FR 72897 (November 13, 2020).

Supplement No. 4 to Part 744 [Amended]

11. Supplement no. 4 to part 744 is amended:

a. Under CHINA, PEOPLE'S REPUBLIC OF:

i. By adding in alphabetical order entries for “32Group China Ltd.,” “ACTeam Logistics Ltd.,” “Action Global,” “Amaze International,” “Anvik Technologies Sdn. Bhd.,” “Babak Jafarpour,” “Bako Cheung,” “Bing Lu,” “Biznest, LTD,” “Calvin Law,” “Caprice Group Ltd.,” “Centre Bright Electronics Company Limited,” “Channel Rich Electronics Company Limited,” “Cho-Man Wong,” “CLC Holdings Limited,” “Cloudminds (Hong Kong) Limited,” “Corad Technology Limited,” “Dick Kuo, Ltd.,” “Dick Leung,” “Exodus Microelectronics Company Limited,” “FOC (HK) Technology Co., Ltd.,” “Fortune Source Electronics Co. Ltd.,” “Giant Base Asia Limited,” “Giovan Ltd.,” “Hang Tat Electronics Enterprises Co.,” “Hansen Technologies Limited,” “Hong Chun Tai,” “Hong Kong Fung Tak Enterprise,” “Hua Ying Management Co. Limited,” “Huawei Cloud Hong Kong,” “Huawei Device (Hong Kong) Co., Limited,” “Huawei International Co., Limited,” ” Huawei Tech. Investment Co., Limited,” “Huawei Technologies Co. Ltd.,” “Infinity Wise Technology Limited,” “Jadeshine Engineering (HK) Co.,” “Jason Shuai,” “JLD Technology, Hong Kong Co., Ltd.,” “Joe Shih,” “Joinus Freight Systems (H.K.) Limited,” “K Logistics (China) Limited,” “Kitronix Display,” “Kong Fat Electronic Trading Limited,” “LHI Technology (H.K.) Company Limited,” “Lim Kow Seng,” “OEM Hub Co Ltd,” “OnTime Electronics Technology Company,” “Panda Semiconductor,” “Pinky Trading Co., Ltd.,” “Ray Hui,” “Reekay Technology Ltd.,” “Sau Luen Chan,” “Sergey Koynov,” “Serko Limited,” “Signet Express Co., Ltd.,” “Sik Yin Ngai,” “Sinovac Technology Limited,” “Siu Ching Ngai,” “Skylinks FZC,” “Smartcom (Hong Kong) Co., Limited,” “SMIC Hong Kong International Company Limited,” “Synergy Express Ltd.,” “Sysdynamic Limited,” “Tam Shue Ngai,” “Tam Wai Tak,” “Technopole Ltd.,” “Tex-Co Logistics Ltd.,” “Victory Wave Holdings Limited,” “Well Smart (HK) Technology,” “Wise Smart (HK) Electronics Limited,” “Wong Wai Chung,” “Wong Yung Fai,” “Y-Sing Components Limited,” “Yeraz, LTD,” and “ZM International Company Ltd.,” and

ii. By revising the entries for “Avin Electronics Technology Co., Ltd. (AETC),” “Beijing Lion Heart International Trading Company,” “BVI Electronics,” “Chitron Electronics Company Ltd,” “Comsum Technologies (Group) Ltd.,” “Corezing International,” “Foang Tech Inc.,” “HWA Create,” “Jadeshine Engineering HK Co.,” “JCN (HK) Technology Co., Ltd.,” “Kinglead Electronics Co., Ltd.,” “Luo Jie,” “Multi-Mart Electronics Technology Co, Ltd.,” “Oriental Logistics Group LTD,” “Peaceful Vision (Lianyungang) Electronic Co., Ltd.,” “PRC Lode Technology Company,” “Sky Rise Technology Ltd.,” “Su Bin,” “Taihe Electric (Hong Kong) Limited,” “Tenco Technology Company Ltd.,” “TiMi Technologies Co., Ltd.” “Wang Wei,” “Xian Semi Electronic Co., Ltd.,” “Xianfa Lin,” “Yutron Technology Co. Ltd.,” and “Zhou Zhenyong”;

b. By removing the entry for HONG KONG and all of the Hong Kong entities;

c. Under INDIA, by revising the entries for “Giovan Ltd.” and “Technopole Ltd.”;

d. Under IRAN, by revising the entries for “Anvik Technologies Sdn. Bhd.” and “Babak Jafarpour”;

e. Under MALAYSIA, by revising the entries for “Anvik Technologies Sdn. Bhd.” and “Babak Jafarpour”;

f. Under RUSSIA, by revising the entry for “Sergey Koynov”;

g. Under SINGAPORE, by revising the entries for “Action Global,” “Amaze International,” “Corezing International,” and “Lim Kow Seng”;

h. Under TAIWAN, by revising the entry for “Infinity Wise Technology Limited”; and

i. Under UNITED ARAB EMIRATES, by revising the entry for “Skylinks FZC”.

The additions and revisions read as follows:

Supplement No. 4 to Part 744—Entity List

13. Supplement no. 6 to part 744 is amended:

a. Under CHINA:

i. By adding in alphabetical order entries for “Able Supply Chain Limited”, “AW Industrial Ltd.”, “Boqur International Ltd.”, “Boson Technology Co., Limited.”, “Brilliance Technology Ltd”, “Carry Goldstar Ltd.”, “Central Right Investments Ltd.”, “CST Source Industrial Co., Ltd.”, “Daystar Electric (HK) Ltd.”, “E-Chips Technology”, “Emax Technology Co. Ltd.”, “Fortune International Trading”, “Fussion Electronics Co., Ltd.”, “Globe Communication (HK) Ltd.”, “Haofeng Industrial Co., Ltd.”, “HK Hengyu Storage Logistics Limited”, “Hong Kong Engy Technology Co.”, “Hong Kong Haimao Info-Tec Development Co Ltd”, “Hongbo Industrial Technology”, “Jin Yan Technology & Development Co., Ltd.”, “Kenwoo International Trade Company”, “KingV Ltd.”, “Lianqi (HK) Electronics Co Ltd”, “Ling Ao Electronic Technology Co. Ltd”, “Lion Chip Electronics Ltd”, “Maipu Communication Technology Co Ltd”, “Master-Uni Industry Co.”, “Nano Tech International Co Ltd”, “Narpel Technology Co., Limited”, “Phonai Electronics Ltd.”, “Powersun Electronics”, “Rising Logistics Company Limited”, “Scitech International Express Co. Limited”, “Selective Components Ltd.”, “Suke Logistics Ltd.”, “Sun Wing Ltd.”, “Sur-Link Technology (HK) Ltd.”, “Swelatel Technology Limited”, “Toptech Electronics Ltd.”, “Universe Market Limited”, “Winthought Company Ltd.”, “Xiang Cheng Gao Trading (HK) Ltd.”, “Yashen (HK) Electronics”, “Yield Best International”, “Yogone Electronics Co.”, “ZDAS (HK) Company”, “ZhongJie Electronics”

b. By removing the entry for HONG KONG and all of the Hong Kong entities

The additions read as follows:

Supplement No. 6 to Part 744—Unverified List

PART 745—CHEMICAL WEAPONS CONVENTION REQUIREMENTS

14. The authority citation for part 745 continues to read as follows:

Authority: 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950); Notice of November 12, 2019, 84 FR 61817 (November 13, 2019).

15. Supplement no. 2 to part 745 is revised to read as follows:

Supplement No. 2 To Part 745—States Parties to the Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction

List of States Parties as of June 1, 2016

Afghanistan

Albania

Algeria

Andorra

Angola

Antigua and Barbuda

Argentina

Armenia

Australia

Austria

Azerbaijan

Bahamas

Bahrain

Bangladesh

Barbados

Belarus

Belgium

Belize

Benin

Bhutan

Bolivia

Bosnia-Herzegovina

Botswana

Brazil

Brunei Darussalam

Bulgaria

Burkina Faso

Burma

Burundi

Cambodia

Cameroon

Canada

Cape Verde

Central African Republic

Chad

Chile

China *

Colombia

Comoros

Congo (Democratic Republic of the)

Congo (Republic of the)

Cook Islands

Costa Rica

Cote d'Ivoire (Ivory Coast)

Croatia

Cuba

Cyprus

Czech Republic

Denmark

Djibouti

Dominica

Dominican Republic

Ecuador

El Salvador

Equatorial Guinea

Eritrea

Estonia

Ethiopia

Fiji

Finland

France

Gabon

Gambia

Georgia

Germany

Ghana

Greece

Grenada

Guatemala

Guinea

Guinea-Bissau

Guyana

Haiti

Holy See

Honduras

Hungary

Iceland

India

Indonesia

Iran

Iraq

Ireland

Italy

Jamaica

Japan

Jordan

Kazakhstan

Kenya

Kiribati

Korea (Republic of)

Kuwait

Kyrgyzstan

Laos (P.D.R.)

Latvia

Lebanon

Lesotho

Liberia

Libya

Liechtenstein

Lithuania

Luxembourg

Macedonia

Madagascar

Malawi

Malaysia

Maldives

Mali

Malta

Marshall Islands

Mauritius

Mauritania

Mexico

Micronesia

Moldova (Republic of)

Monaco

Mongolia

Montenegro

Morocco

Mozambique

Namibia

Nauru

Nepal

Netherlands (Kingdom of the) ***

New Zealand

Nicaragua

Niger

Nigeria

Niue

Norway

Oman

Pakistan

Palau

Panama

Papua New Guinea

Paraguay

Peru

Philippines

Poland

Portugal

Qatar

Romania

Russian Federation

Rwanda

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Samoa

San Marino

Sao Tome and Principe

Saudi Arabia

Senegal

Serbia

Seychelles

Sierra Leone

Singapore

Slovak Republic

Slovenia

Solomon Islands

Somalia

South Africa

Spain

Sri Lanka

Sudan

Suriname

Swaziland

Sweden

Switzerland

Syria

Tajikistan

Tanzania

Thailand

Timor-Leste

Togo

Tonga

Trinidad and Tobago

Tunisia

Turkey

Turkmenistan

Tuvalu

Uganda

Ukraine

United Arab Emirates

United Kingdom

United States

Uruguay

Uzbekistan

Vanuatu

Venezuela

Vietnam

Yemen

Zambia

Zimbabwe

* For CWC purposes only, China includes Macau.

*** For CWC purposes only, the Netherlands (Kingdom of) includes: Aruba, Curaçao, and Saint Maarten (the Dutch two-fifths of the island of Saint Martin).

PART 748—APPLICATIONS (CLASSIFICATION, ADVISORY, AND LICENSE AND DOCUMENTATION)

16. The authority citation for part 748 continues to read as follows:

Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp. (A), p. 783.

17. Section 748.10 is amended by adding note 5 to paragraph (a) to read as follows:

PART 758—EXPORT CLEARANCE

18. The authority citation for part 758 continues to read as follows:

Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.

19. Section 758.1 is amended by adding note 1 to paragraph (b)(10) to read as follows: