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Restrictions on Exports of EAR-Regulated Goods Added, Revised, Removed

Wednesday, August 14, 2019
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a final rule that, effective Aug. 14, adds 17 foreign entities under a total of 19 entries to the Entity List, which lists entities restricted from receiving U.S. exports of goods controlled under the Export Administration Regulations. This rule also modifies the listing for 23 entities in China, Hong Kong, and Russia and removes two entities in China and one entity in the United Arab Emirates.

The new additions consist of two entities in Armenia, two entities in Belgium (one of these entities is also being listed as an entry in the Netherlands and the UK), one entity in Canada, four entities in China, one entity in Georgia, one entity in Hong Kong, one entity in Malaysia, one entity in Russia, and four entities in the UAE.

For these entities, BIS is imposing a license requirement for exports of all items subject to the EAR and a license review policy of presumption of denial. This 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 license exception eligibility or for 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 Aug. 14 pursuant to actual orders for export or reexport to a foreign destination may proceed to that destination under the previous license exception eligibility or without a license.

The removal of the two entities in China and one entity in the UAE eliminates the existing license requirements in supplement no. 4 to part 744 for exports, reexports, and transfers (in-country) to these entities, though other applicable regulatory provisions remain in effect.

For more information on restrictions on exports to persons on the Entity List or other lists, please contact export attorney Kristine Pirnia at (202) 730-4964.

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