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

Tuesday, January 10, 2017
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a final rule adding five entities in Turkey to the list of entities restricted from receiving U.S. exports of goods controlled under the Export Administration Regulations. This rule also removes one entity and revises five entries for another.

BIS has determined that two of the Turkish entities exported high-grade U.S.-origin carbon fiber to Iran and that the other three were involved in the procurement and/or retransfer of U.S.-origin items to Iran for use by the Iranian military. For these five entities there will be a license requirement for exports, reexports, or transfers (in-country) of 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.

This rule also:

- removes Veteran Avia LLC in India from the Entity List, which eliminates the associated licensing requirements for exports, reexports, and transfers (in-country) to this entity;

- revises four entries for one entity under the destinations of Armenia, Greece, Pakistan, and the United Kingdom to reflect the removal of the Indian entity (without changing the licensing requirements for these entities); and

- revises the license requirement for an entity in Russia to conform with a general license issued by the Office of Foreign Assets Control on Dec. 20, 2016.

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 Jan. 10 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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