Background

The Bureau of Industry and Security has added Hoshine Silicon Industry (Shanshan) Co. Ltd., Xinjiang Daqo New Energy Co. Ltd., Xinjiang East Hope Nonferrous Metals Co. Ltd., Xinjiang GCL New Energy Material Technology Co. Ltd., and Xinjiang Production and Construction Corps (XPCC) to the Entity List for accepting or utilizing forced labor in the implementation of China’s “ongoing campaign of repression against Muslim minority groups in the XUAR.”

For these five entities, BIS is imposing a license requirement for all items subject to the Export Administration Regulations and a license review policy of case-by-case review for Export Control Classification Numbers 1A004.c, 1A004.d, 1A995, 1A999.a, 1D003, 2A983, 2D983, and 2E983. A policy of case-by-case review also applies to items designated as EAR99 that are described in the Note to ECCN 1A995, specifically items for protection against chemical or biological agents that are consumer goods, packaged for retail sale or personal use, or medical products.

Additionally, in light of the current global pandemic BIS is adopting a policy of case-by-case review for items subject to the EAR that are necessary to detect, identify, and treat infectious disease. A license review policy of presumption of denial is being adopted for all other items subject to the EAR. Moreover, no license exceptions are available for exports, reexports or transfers (in-country) to the five entities added to the Entity List.

Shipments of items removed from eligibility for a license exception or for export, reexport, or transfer (in-country) without a license (NLR) as a result of this rule that were en route aboard a carrier to a port of export, reexport, or transfer on June 24 pursuant to actual orders for export, reexport, or transfer to or within a foreign destination may proceed to that destination under the previous eligibility.

For more information on restrictions on exports to persons on the Entity List or other lists, please contact Kristine Pirnia.

Copyright © 2021 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.

ST&R: International Trade Law & Policy

Since 1977, we have set the standard for international trade lawyers and consultants, providing comprehensive and effective customs, import and export services to clients worldwide.

View Our Services 

Close

Cookie Consent

We use cookies on our website. By continuing to use our website, you agree to the Privacy Policy and Terms of Use.