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Practice Areas

New Restrictions on Exports of EAR-Regulated Goods to Foreign Entities

Tuesday, June 21, 2016
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a final rule adding 28 persons under 31 entries in Afghanistan, Austria, China, Hong Kong, Iran, Israel, Panama, Taiwan and the United Arab Emirates to the list of entities restricted from receiving U.S. exports of goods controlled under the Export Administration Regulations. BIS has determined that 20 of these entities were involved in unlawfully shipping U.S.-origin parts and components to Iran through other countries and that the other eight were involved in procuring and/or re-transferring U.S.-origin items to Israel and Iran without the required licenses.

For these 28 entities there will be a license requirement for all items subject to the EAR and a license review policy of presumption of denial. The license requirement applies to any transaction in which items are to be exported, reexported or transferred (in-country) to any of these entities or in which they act as purchaser, intermediate consignee, ultimate consignee or end-user. In addition, no license exceptions are available for exports, reexports or transfers (in-country) to these entities.

Shipments of items removed from eligibility for a license exception or export or reexport without a license (NLR) as a result of this rule that were en route aboard a carrier to a port of export or reexport on June 21 pursuant to actual orders for export or reexport to a foreign destination may proceed to that destination under the previous eligibility for a license exception or NLR.

This rule also removes three entities in Finland, Pakistan and Turkey from the Entity List, which eliminates the existing license requirements in Supplement No. 4 to Part 744 of the EAR for exports, reexports and transfers (in-country) to these entities.

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