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Export Restrictions on EAR-Regulated Goods Added, Revised, Removed

Wednesday, November 13, 2019
Sandler, Travis & Rosenberg Trade Report

The Bureau of Industry and Security has issued a final rule that, effective Nov. 13, adds 22 foreign entities under a total of 32 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 one entity in Pakistan and removes one entity each from Pakistan, Singapore, and the United Arab Emirates.

The new additions consist of two entities in Bahrain, one entity in France, one entity in Iran, one entity in Jordan, four entities in Lebanon, one entity in Oman, seven entities in Pakistan, one entity in Saudi Arabia, one entity in Senegal, four entities in Syria, two entities in Turkey, six entities in the UAE, and one entity in the United Kingdom. Several of these entities are listed in multiple countries. Reasons for these additions include transshipment of U.S.-origin items to sanctioned destinations and entities without the required authorizations, involvement in the proliferation of unsafeguarded nuclear activities, knowing diversion of U.S.-origin items to Iran, and involvement in providing material support to chemical and biological weapons activity in Syria.

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 Nov. 13 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 three entities 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.

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