Background

The Bureau of Industry and Security has issued a final rule that, effective June 8, amended the Export Administration Regulations to reflect the formal termination by the United Arab Emirates of its participation in the Arab League boycott of Israel.

As a result, certain requests for information, action, or agreement from the UAE that were presumed to be boycott-related if made prior to Aug. 16, 2020, will not be presumed to be boycott-related if made following that date and thus will not be prohibited or reportable under the EAR. Examples include requests that an exporter certify that the vessel on which it is shipping its goods is eligible to enter UAE ports and requests to furnish the place of birth of employees a U.S. company is seeking to take to the UAE.

Nevertheless, requests that are boycott-related on their face or that are for action obviously in furtherance or support of an unsanctioned foreign boycott are subject to part 760 of the EAR irrespective of the country of origination. Examples include requests containing references to “blacklisted companies,” “Israel boycott list,” “non-Israeli goods,” or other phrases or words indicating a boycott purpose.

For more information on anti-boycott requirements, please contact attorney Kristine Pirnia via email.

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