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July 21, 2009 

BIS Issues Final Rule Adding and Removing Parties on Entity List

The Bureau of Industry and Security (BIS) published a final rule in today's Federal Register amending the Entity List to add and remove certain entities. The modifications to the Entity List contained in today's rule were as follows:

  • Thirteen entities in Germany, Hong Kong and Ireland were added to the Entity List on grounds that that they were acting contrary to the national security or foreign policy interests of the United States. There will be a policy of denial of an export license to any products destined for these thirteen entities.
  • One entity in Pakistan and two entities in the UAE were removed from the Entity List.
  • The final rule also made a correction to the address of one party in the UAE listed on the Entity List.
The Entity List, established in 1997 and modified periodically, is found in Supplement No. 4 to Part 744 of the Export Administration Regulations. The Entity List includes non-U.S. businesses, research institutions, government and private organizations, individuals, and other types of entities whose activities are contrary to U.S. national security and/or foreign policy interests.

The inclusion of a party on the Entity List notifies exporters that certain exports and reexports to parties identified on the Entity List require an export license from BIS and that the availability of License Exceptions in such transactions is limited. The Entity List also includes the license review policy for each part listed. In some cases, there is a presumption that an export license will not be granted.

U.S. exporters should screen all of the customers and end-users in an export transaction against the Entity List prior to the products being exported from the U.S.

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