BIS Entity List Correction: Huawei FDP Rule Citation Errors (§736.2→§734.9(e))

Mechanism

This document is a narrow CFR technical correction, not a new substantive rulemaking. It amends Supplement No. 4 to 15 CFR Part 744 (the BIS Entity List) to fix three errors introduced in the February 14, 2022 final rule (87 FR 8180), which expanded and revised Huawei entity listings under the EAR.

Three errors corrected:

1. Huawei Cloud Brazil (São Paulo, Brazil): The "License requirement" column incorrectly cited §736.2(b)(3)(vi) of the EAR as the applicable Foreign Direct Product (FDP) rule. The correct citation is §734.9(e) — the Huawei-specific FDP rule that imposes license requirements on foreign-produced items (including chips and software) meeting specified technology thresholds when destined for Huawei or its affiliates.

2. Huawei Technologies Co., Ltd. (China, People's Republic of): Same §736.2(b)(3)(vi) → §734.9(e) citation error across entries covering Bantian Huawei Base (Shenzhen), Xi Yuan Road (Chengdu), and locations in Shanghai, Wuhan, Hong Kong, and 22 additional affiliated entities across Chinese cities.

3. Typographical error (Huawei Technologies entry): The phrase "except for" was corrected to "EXCEPT\\2\\ for" to properly invoke Entity List footnote 2 — the footnote that limits the scope of the FDP rule application for certain consumer-device items.

Applicable date: Although published April 11, 2022, the correction is retroactively applicable as of the original rule's effective date of February 14, 2022. Exporters who had been relying on §736.2(b)(3)(vi) citations during the intervening period are now on notice of the correct authority.

FDP rule context: 15 CFR §734.9(e) is the Huawei FDP rule established by the May 2020 "Entity List FDP" rulemaking (85 FR 29849). It extends US export jurisdiction to foreign-produced items when Huawei or its affiliates is a direct customer, end-user, or will incorporate the items. The mistaken citation to §736.2(b)(3)(vi) (General Prohibitions) rather than §734.9(e) (scope of EAR/FDP rules) had implications for how exporters assessed their license obligation triggers.

Downstream implications

• No new export restrictions are imposed; all substantive Huawei entity list controls remain

in force exactly as intended under the May 2019 (84 FR 22961) and May 2020 (85 FR 29849) rulemakings.

• Compliance teams reviewing license requirement analysis for transactions involving Huawei

Cloud Brazil or Huawei Technologies affiliates should update their internal checklists to reference §734.9(e) rather than §736.2(b)(3)(vi).

• The footnote 2 typographical correction matters for entities seeking to assess whether

their specific product category falls within the footnote 2 consumer-device carve-out.

Open questions

• No open questions; this is a resolved CFR technical correction with no substantive policy

dimension. The underlying Huawei FDP restrictions remain in full force.