BILLING CODE 3510-33-P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 240614-0163]
RIN 0694-AJ73
Additions to the Entity List
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends the Export
Administration Regulations (EAR) by adding 3 entries to the Entity List, under the destinations
of Russia (2), and the United Kingdom (1). These 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.
DATES: This rule is effective [INSERT DATE OF PUBLICATION IN THE FEDERAL
REGISTER].
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) 482-5991, Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Entity List
The Entity List (supplement no. 4 to part 744 of the EAR (15 CFR parts 730-774))
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, pursuant to § 744.11(b). The EAR imposes additional license requirements on,
and limits the availability of, most license exceptions for exports, reexports, and transfers (incountry) when a listed entity is a party to the transaction. The license review policy for each
listing 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 document that
added the listing to the Entity List. BIS amends the Entity List pursuant to parts 744 (Control
Policy: End-User and End-Use Based) and 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.
Entity List Decisions
Additions to the Entity List
The ERC determined to add AO Kaspersky Lab and OOO Kaspersky Group, under the
destination of Russia, and Kaspersky Labs Limited, under the destination of United Kingdom, to
the Entity List. These entities are being added for their cooperation with Russian military and
intelligence authorities in support of the Russian government’s cyber intelligence objectives.
This activity is contrary to U.S. national security and foreign policy interests under § 744.11 of
the EAR. A license for these entities will be required for all items subject to the EAR; the
licenses will be reviewed under a presumption of denial.
For the reasons described above, this final rule adds the following 3 entities including
aliases where appropriate, to the Entity List:
Russia
•

AO Kaspersky Lab; and

•

OOO Kaspersky Group.

United Kingdom
• Kaspersky Labs Limited.
Savings Clause
For the changes being made in this final rule, 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 [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER],
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) before [INSERT
DATE 30 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER]. Any such items
not actually exported, reexported or transferred (in-country) before midnight, on [INSERT
DATE 30 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER], require a license in
accordance with this final rule.
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.

This rule has been determined to be not significant for purposes of Executive Order

12866.
2.

Notwithstanding any other provision of law, no person is 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 an information collection approved by OMB
under control number 0694-0088, Simplified Network Application Processing System. BIS does
not anticipate a change to the burden hours associated with this collection as a result of this rule.
Information regarding the collection, including all supporting materials, can be accessed at
https://www.reginfo.gov/public/do/PRAMain.
3.

This rule does not contain policies with federalism implications as that term is defined in

Executive Order 13132.
4.

Pursuant to section 1762 of the Export Control Reform Act of 2018, 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.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, part 744 of the Export Administration Regulations (15 CFR parts 730-774) is
amended as follows:
PART 744 – END-USE AND END-USER CONTROLS
1. 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 7, 2023, 88 FR 62439 (September 11, 2023); Notice of November 1, 2023,
88 FR 75475 (November 3, 2023).
2. Supplement no. 4 is amended by:
a. Under RUSSIA, adding, in alphabetical order, entries for “AO Kaspersky Lab;” and “OOO
Kaspersky Group;” and
b. Under UNITED KINGDOM, adding an entry in alphabetical order for “Kaspersky Labs
Limited.”
The additions read as follows:
Supplement No. 4 to Part 744 – Entity List
*

*

*

*

*

COUNTRY

*******
RUSSIA

ENTITY

LICENSE
REVIEW
POLICY

FEDERAL
REGISTER
CITATION

For all items subject
to the EAR (See
§744.11 of the
EAR).

Presumption
of denial.

89 FR [INSERT
FR PAGE
NUMBER AND
DATE OF
PUBLICATION
IN THE
FEDERAL
REGISTER].

*******
AO Kaspersky Lab, a.k.a., the
following twelve aliases:
-Aktsionernoe Obshchestvo
Laboratoriya Kasperskogo;
-AO Kaspersky Laboratory;
-AO Laboratoriya Kasperskogo;
-Joint Stock Company Kaspersky
Lab;
-JSC Kaspersky Lab;
-Kaspersky;
-Kaspersky Lab CJSC;
-Kaspersky Lab ZAO;
-Kaspersky Lab;
-Kaspersky Laboratory;
-Kaspersky Labs; and
-Kaspersky’s Laboratory.
39A Leningradskoe Highway,
Business Center Olimpiya Park,
Building 2, Moscow, 125212,
Russia.

*******

LICENSE
REQUIREMENT

OOO Kaspersky Group, a.k.a., the
following eight aliases:
-Kaspersky Group;
-Kaspersky Group Limited;
-Kaspersky Group Limited
Liability Company;
-Kaspersky Group LLC;
-Kaspersky Group Ltd;
-Obshchestvo S Ogranichennoi
Otvetstvennostyu Gruppa
Kompanii Kasperskogo;
-OOO Gruppa Kompanii
Kasperskogo; and
-OOO Kaspersky Group of
Companies.

For all items subject
to the EAR (See
§744.11 of the
EAR).

Presumption
of denial.

89 FR [INSERT
FR PAGE
NUMBER AND
DATE OF
PUBLICATION
IN THE
FEDERAL
REGISTER].

For all items subject
to the EAR (See
§744.11 of the
EAR).

Presumption
of denial.

89 FR [INSERT
FR PAGE
NUMBER AND
DATE OF
PUBLICATION
IN THE
FEDERAL
REGISTER].

39A Leningradskoe Highway,
Business Center Olimpiya Park,
Building 2, Moscow, 125212,
Russia.

*******
UNITED
KINGDOM

*******
Kaspersky Labs Limited, a.k.a.,
the following two aliases:
-Kaspersky Labs; and
-Kaspersky Labs Ltd.
2 Kingdom Street, Paddington
Basin, London, England, W2 6BD,
United Kingdom.

*******

*

*

*

*

*

Eric Longnecker,
Deputy Assistant Secretary for Technology Security.

[FR Doc. 2024-13695 Filed: 6/20/2024 4:15 pm; Publication Date: 6/24/2024]