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September 08, 2009 

BIS Publishes Final Rule Regarding In-Country Transfers to Parties on Entity List

The Bureau of Industry (BIS) published a final rule (PDF) in today's Federal Register amending several sections of Part 744 of the Export Administration Regulations (EAR) to specify that in-country transfers of items subject to the EAR to parties on the Entity List are now subject to the Entity's List's licensing requirements.

BIS stated that the rationale for making these changes was as follows:

Regardless of the form of the transaction (export, reexport, or transfer (incountry)), the United States Government believes it is important to review all transactions involving persons listed on the Entity List prior to the initiation of a transaction with a listed person and/or receipt by the listed person of an item in a transaction.
The Entity List (PDF), set forth in Supplement No. 4 to Part 744 of the EAR, provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of License Exceptions in such transactions is limited.

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