Final Rule Adding 164 Parties to BIS Entity List Will Take Effect on October 9, 2012
The final rule mentioned in our previous post adding 164 parties to the Bureau of Industry and Security's Entity List will be published in the Federal Register on Tuesday, October 9, 2012 and will become effective on that date. The Federal Register notice is available below.
The parties being added to Entity List are the 164 foreign persons and companies who were identified during a U.S. Government investigation as assisting a network of companies and individuals (namely Arc Electronics in Houston) involved in the procurement and delivery of electronic products subject to the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) to Russia in violation of the EAR and ITAR (a list of the part numbers of the products allegedly shipped to Russia can be found on pages 20-23 of the indictment. It is interesting to note that the indictment only mentions one part number subject to the ITAR).
The practical impact of the publication of this final rule is that effective October 9, 2012 nothing "subject to the EAR" can be exported, reexported or transferred to any of the named parties starting on October 9, 2012 unless the items were already "en route aboard a carrier to a port of export or reexport." This is because the Entity List imposes a licensing policy of “presumption of denial” on all 164 parties.
While the U.S. Government's Consolidated Restricted Party List was updated late last week to add all 164 names some commercial restricted party screening providers will not update their lists until this notice is published on Tuesday.