In a Federal Register notice, the Department of Commerce’s Bureau of Industry and Security (BIS) has announced that effective September 22, 2020, it is adding 47 entities to its Entity List after determining these companies and persons to be acting contrary to the national security or foreign policy interests of the United States. The entities are located under the destinations of Canada, China, Hong Kong, Iran, Malaysia, Oman, Pakistan, Thailand, Turkey, United Arab Emirates (UAE), and the United Kingdom.
Numerous Chinese entities and the Hong Kong entities are being listed due to involvement in the diversion of U.S.-origin unmanned aerial vehicle parts to Iran. Certain entities in Iran, Turkey and the UAE are being listed due to activities and support for nuclear-related activities, some involving violations of the Iranian Transactions and Sanctions Regulations. The Pakistan and other UAE entities are being listed due to activities and contributions to unsafeguarded nuclear activities. Other entities from several countries are being listed due to their involvement in a scheme to illicitly procure Bell 412 helicopters on behalf of FARSCO Aviation MRO, an entity in Iran.
The Entity List is used by BIS to restrict the export, reexport and transfer (in-country) of items subject to the Export Administration Regulations (EAR) to persons (individuals, organizations, companies) reasonably believed to be involved, or to pose a significant risk of becoming involved, in activities contrary to the national security or foreign policy interests of the United States. When placed on the list, additional license requirements apply to any business transactions involving such entities, and the licensing policy of BIS is often a policy of denial. The list of all companies is available in a Federal Register notice to be published on, and effective as of, September 22, 2020.
Shipments of items to any of these listed entities that were en route aboard a carrier to a port of export or reexport as of September 22, 2020 pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export or reexport without a license (NLR).