Background

The Bureau of Industry and Security has issued a final rule that, effective Oct. 16, adds eight foreign persons to the Unverified List, including three in China, two in Germany, two in Türkiye, and one in Pakistan. BIS is also removing from the UVL one person from China and one from Saudi Arabia.

This rule suspends the use of license exceptions for exports, reexports, and transfers (in-country) involving listed persons. In addition, exporters, reexporters, and transferors of goods subject to the Export Administration Regulations but not requiring a license to these persons must obtain (and keep a record of) a UVL statement from them before proceeding with the transaction. Finally, electronic export information must be filed in the Automated Export System for all exports of tangible items subject to the EAR when listed persons are party to the transaction.

The UVL contains the names and addresses of foreign persons who are or have been parties to a transaction involving the export, reexport, or transfer of items subject to the EAR whose bona fides (i.e., legitimacy and reliability relating to the end-use and end-user of items subject to the EAR) BIS has been unable to verify through an end-use check; e.g., the foreign party cannot be located at the address indicated on export documents, or during a check a recipient of items subject to the EAR is unable to produce them for visual inspection or provide sufficient documentation or other evidence to confirm their disposition. BIS may also place persons on the UVL when there is insufficient evidence to place them on the Entity List.

Shipments (1) removed from license exception eligibility or that are now subject to requirements in §744.15 of the EAR as a result of this rule, (2) eligible for export, reexport, or transfer without a license before this rule, and (3) on dock for loading, on lighter, laden aboard an exporting carrier, or en route aboard a carrier to a port of export on Oct. 16, pursuant to actual orders, may proceed to that UVL-listed person under the previous license exception eligibility or without a license so long as the items have been exported from the U.S., reexported, or transferred before Nov. 15. Any such items not actually exported, reexported. or transferred before midnight on Nov. 15 will be subject to the requirements in §744.15 of the EAR in accordance with this rule.

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