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List of Entities Restricted from Receiving Exports of Dual-Use Goods Amended

Thursday, March 28, 2013
By Shawn McCausland
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a final rule that, effective March 28, adds to the Entity List two entities in China, one entity in Germany, four entities in Hong Kong, one entity in Ukraine and 11 entities in the United Arab Emirates. This rule also revises one entry under Germany to provide two additional alternate addresses for the listed person and removes one entry under Canada as the result of a successful removal request. BIS is also notifying the public that the annual reviews of Afghanistan, Greece, India, Russia and Ukraine have been completed and that no changes are being made to the Entity List as a result of these reviews.

Certain exports, reexports and transfers (in-country) of items subject to the Export Administration Regulations to entities identified on the Entity List require licenses from BIS but are usually subject to a policy of denial because BIS considers such entities to present significant risks of diversion to weapons of mass destruction programs, terrorism or other activities that are contrary to U.S. national security or foreign policy interests. This license requirement applies to any transaction in which items are to be exported, reexported or transferred (in country) to such persons or in which such persons act as purchaser, intermediate consignee, ultimate consignee or end-user. In addition, license exceptions are unavailable for such transactions in most instances.

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 March 28 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.

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