Effective June 24, 2021, the Bureau of Industry and Security (BIS) will place five Chinese companies on the Entity List for human rights violations and abuses in the implementation of China’s campaign of repression, mass arbitrary detention, forced labor and high-technology surveillance against Uyghurs, Kazakhs, and other members of Muslim minority groups in the Xinjiang Uyghur Autonomous Region. Specifically, BIS has listed (i) Xinjiang GCL New Energy Material Technology, Co. Ltd; (ii) Xinjiang Daqo New Energy, Co. Ltd; (iii) Xinjiang East Hope Nonferrous Metals Co. Ltd.; (iv) Hoshine Silicon Industry (Shanshan) Co., Ltd.; and (v) Xinjiang Production and Construction Corps “for engaging in activities contrary to the foreign policy interests of the United States through participating in the practice of, accepting, or utilizing forced labor.”
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. For exports to these five companies, BIS will now impose a license requirement for all items subject to the Export Administration Regulations (EAR) and a license review policy of case-by-case review for Export Control Classification Numbers (ECCNs) 1A004.c, 1A004.d, 1A995, 1A999.a, 1D003, 2A983, 2D983, and 2E983. A policy of case-by-case review will also apply to items designated as EAR99 that are described in the Note to ECCN 1A995, specifically, items for protection against chemical or biological agents that are consumer goods, packaged for retail sale or personal use, or medical products. In light of the ongoing COVID-19 global pandemic, BIS has adopted a policy of case-by-case review for items subject to the EAR that are necessary to detect, identify and treat infectious disease. For all other items subject to the EAR and not referenced above, BIS has adopted a license review policy of presumption of denial. In addition, no license exceptions are available for exports, reexports, or transfers (in-country) to these newly listed Chinese companies.
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 June 24, 2021 pursuant to actual orders for export or reexport to a foreign destination may proceed to that destination without a BIS export license.