As a result, a license from BIS must now be obtained if any of the nine companies are a party to a transaction involving any item subject to the EAR. Any Items subject to the EAR going to a military end use or end user (MEU) or a military intelligence end use or end user (MIEU), regardless of whether located in or outside Russia (note that slightly different due diligence standards apply for exports to end users outside Russia; please consult Section 744.21 of the EAR). 4601 et seq. | 2015 [FR Doc. The covered regions of Ukraine are Crimea and the so-called Donetsk Peoples Republic (DNR) and Luhansk Peoples Republic (LNR). This regulation involves collections previously approved by OMB under control number 0694-0088, Simplified Network Application Processing System, which includes, among other things, license applications, and carries a burden estimate of 43.8 minutes for a manual or electronic submission. If you think you know the whereabouts of any person, BEFORE TAKING ANY ACTION, please contact the law enforcement agency listed in the record, or We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. | 2000 FSUE Rosmorport Far Eastern Basin Branch. Section 746.5). Orders are published in full in the They are identified by a Schedule B number, the two-digit Schedule B chapter heading and a 10-digit commodity description. 19, OrhanliTuzla, Istanbul, Turkey; and. The US Department of Commerce Bureau of Industry and Security (BIS) added an additional 33 persons to the Unverified List (UVL), including Wuxi Biologics (Shanghai) Co., Ltd. and Wuxi Turbine Blade Co., Ltd. (jointly referred to as Wuxi) on February 8, 2022. 05/25/2017 at 8:45 am. U.S. persons, wherever located, are prohibited from approving, financing, facilitating or guaranteeing transactions by foreign persons that cannot be performed by U.S. persons as a result of the executive order. These entities are: The December designations demonstrate that BIS will not hesitate to add entities in countries other than Russia to the Entity List if they significantly contribute to Russias military and/or defense industrial base. This alert is a tool to help businesses, both U.S. and foreign, identify whether their business with Russia, Belarus or Ukraine may now be subject to U.S. export license requirements or involve newly sanctioned or blocked persons. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. The items added on May 19 include electronics, medical instruments and advanced fibers for the reinforcement of composite materials (including carbon fibers), which have the potential for Russian military application. Can a BIS monitor be used to determine NMB? ; 50 U.S.C. the material on FederalRegister.gov is accurately displayed, consistent with This document has been published in the Federal Register. | 2000 227, St. No. 227, St. No. Register documents. | 2009 This alert is not intended to be and is not a detailed summary of the export controls implemented as a result of the invasion of Ukraine. This cookie is set by GDPR Cookie Consent plugin. 553(b)(3)(B) to waive the provisions of the Administrative Procedure Act (APA) requiring prior notice and the opportunity for public comment for the two modifications included in this rule because, as described above, they are impracticable and are contrary to the public interest. For experienced attorneys looking to build their practice through challenging and innovative work in a leading firm Summer associates are welcome to attend all in-house training programs, which may include litigation luncheon series Because our lawyers, and in many cases our clients, rely on BakerHostetler staff members for support On May 19, the Bureau of Industry and Security (BIS) issued two final rules expanding the export controls in the Export Administration Regulations (EAR) against the Russian Federation (Russia) for its continued war with Ukraine. Sector-specific Items listed in Section 746.5 and Supplements 2, 4 and 6 to Part 746 of the EAR (noting that Section 746.5(a)(1)(i) and Supplement 2 apply only to use in Arctic offshore locations or shale formations in Belarus). As of Feb. 21, 2022, these requirements were extended to cover all items subject to the EAR (other than food and medicine designated as EAR99 and certain software and Internet-based personal communications) destined for the DNR and LNR regions of Ukraine. The export controls and related sanctions are complex, detailed and continuing to develop, and legal counsel should be sought for guidance on specific transactions. | 2005 32/37, 1st Floor, Behind NBP, Aslam Market, Wah Cantt, Pakistan. 4as of May 19, as all items in Chapters 84, 85 and 90 of the HTS system are now listed in Supplement No. The Export Administration Regulations (EAR) (15 CFR, subchapter C, parts 730-774) imposes additional license requirements on, and limits the availability of most license exceptions for, exports, reexports, and transfers (in-country) to those listed. Ltd. A Rule by the Industry and Security Bureau on 05/26/2017. That same day, the president issued anexecutive orderprohibiting U.S. persons from engaging in new investment in the DNR and LNR regions or engaging in trade, including export, import, reexport, sale or supply of goods, services or technology, with the DNR and LNR regions. This means that Items covered more generally by the HTS codes or Schedule B numbers in Supplement 4 are not subject to the Section 746.5(a)(1)(ii) license requirement unless described in the HTS Description column of Supplement 4. BIS places entities and other persons on the Entity List pursuant to part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR. The Denied Persons List is a list of people and companies whose export privileges have been denied by the Department of Commerces Bureau of Industry and Security (BIS). Xianfa Lin, a.k.a., the following alias: Alpha Lam. In that context, the compliance focus is typically on confirming that a customer and other parties involved in a sale and shipment are not restricted parties and that the transfer of a product is authorized under applicable export-control regulations. The license requirement is based on product description and CAS in distinct concentrations. License applications for items in Supplement Nos. US Trade Consolidated Screening List (CSL), Russian Unified State Register of Legal Entities (EGRUL), US OFAC Specially Designated Nationals (SDN) List, Legal Entity Identifier (LEI) Reference Data, National Settlement Depository (NSD Russia) ISIN Assignment, RuPEP Public Database of PEPs in Russia and Belarus (company part), UN Security Council Consolidated Sanctions, South African Targeted Financial Sanctions, Creative Commons 4.0 Attribution NonCommercial. Although many of the amendments to the EAR were the subject of prior detailedalerts, the following summary provides an overview of the key export controls currently in place, including controls implemented by the U.S. Department of States Directorate of Defense Trade Controls (DDTC). rendition of the daily Federal Register on FederalRegister.gov does not January 19, 2023 UPDATE December 2022 was another busy month for Entity List additions by BIS. BakerHostetler continues to closely monitor this rapidly changing situation. | 2019 About the Federal Register One of the Pakistani entities, Makkays Hi-Tech Systems, is being added to the Entity List, along with two persons under the destination of the UAE, Euromoto Middle East FZE and its owner, Talaat Mehmood. If a foreign-produced Item is subject to the EAR, it may be subject to the same export license requirements as if the Item was exported from the United States. | 2017 These moves were made pursuant to BISs new end-use check policy published in October. regulatory information on FederalRegister.gov with the objective of daily Federal Register on FederalRegister.gov will remain an unofficial All Items on the EARsCCL require a BIS license for export (direct and indirect), reexportation (one third country to another) or transfer (in country; any transfer within any third country) (15 C.F.R. Determine the export control jurisdiction and USML category or CCL classification number (ECCN) of any technology, commodity or software destined, directly or indirectly, for Russia or Belarus and determine license requirements and availability. A review of the regulations will be necessary to determine specific licensing requirements. Use this form to ask questions about the list and those who Deemed exports and reexports are not subject to these license requirements. Effective March 11, 2022,a BIS license was required for exports, reexports and transfers to or within Russia of certain luxury goods subject to the EAR as well as to designated Russian oligarchs or other persons, regardless of their location. Even when a license exception is available, the terms and conditions of its use are very restrictive. As of May 19, the BIS has added over 520 Russian and Belarusian entities and individuals to its Entity List, and more than 380 of those have been designated as MEUs. | 1996 By clicking Accept All, you consent to the use of ALL the cookies. 4) identifies entities and other persons reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. 2, 4 and 6 submitted by companies not headquartered in Country Groups D:1, D:5, E:1 or E:2 and intending to curtail or close all operations in Russia will be reviewed on a case-by-case basis to determine whether the disposition of the item will benefit the Russian government or military. While every effort has been made to ensure that to the courts under 44 U.S.C. DATA LIMITATIONS: This database is a subset of all persons reported as missing by law enforcement in the State of California. | 2005 |2019 The ERC determined that for one entity, KMA International Import and Export Co., information is available indicating that the company is acting and procuring items on behalf of Abdul Qader Khan Research Laboratories (AQKRL). BIS | 1999 Analytical cookies are used to understand how visitors interact with the website. In addition to these designations, in a separate action on Dec. 13, 2022, BIS issued a temporary denial order (TDO) against three individuals and two entities for engaging in an export sanctions evasion scheme to procure EAR-controlled items, including signal generators, for Russian companies. Learn more here. | 2002 Usually, this is due to reasons outside of the US Governments control. Entity List - Bureau of Industry and Security A BIS license is required for the export, reexport or transfer (in country) to or within Russia of items subject to the ECCNs listed in Section 746.5(a)(1)(i) or any of the items listed in Section 746.5, Supplement No. 7, Sector I-9/2, Industrial Area, Near Dry Port, Islamabad, Pakistan; and 70-East Start Printed Page 24244A.A. What are some examples of how providers can receive incentives? How is a BIS monitor connected to a sensor? Given this policy, adopted in October 2022, U.S. exporters and foreign reexporters should pay particular attention to the UVL given the high risk that parties on this list may be added to the Entity List. 19, G-9/3, Islamabad, Pakistan; 40-C, Block-6, P.E.C.H.S., Shahrah-e-Faisal, Karachi, Singh, Pakistan; Office No. 553) requiring notice of proposed rulemaking, the opportunity for public participation and a 30-day delay in effective date are inapplicable, because this regulation involves a military or foreign affairs function of the United States (5 U.S.C. and services, go to And as discussed above, license applications for disposition of items subject to the EAR under certain conditions will also be reviewed on a case-by-case basis. | 1998 Parts 730-774. Copyright 2023 Sanctions & Export Controls Update, Commerce Department Revises the Securing the Information and Communications Technology and Services Supply Chain Regulations, OFAC Announces First SDN Designations under Sudan Executive Order 14098 and Issues General Licenses, Canada Imposes Additional Sanctions Against Haitian Elites: 4 Individuals Targeted, Blog Series: Sanctions Enforcement Around the World, the Belgian Perspective, OFAC Issues Updated Guidance Relating to the Provision of Humanitarian Assistance to Combat COVID-19 and Extends Certain Related General Licenses, Canada Amends Iranian Sanctions Regulations: 7 Individuals Targeted, Commerce Department Terminates ZTE Denial Order Issued April 15, 2018, Commerce Department Reaches New Settlement with Chinas ZTE to Suspend Denial Order. 2. This final rule is also modifying two existing entries in the Entity List under the destinations of China and Hong Kong. Use of License Exceptions Has Been Severely Limited. | 2012 | 1995, State of California Department of Justice, Consumer Protection and Economic Opportunity, California Justice Information Services (CJIS). Triethylamine (CAS 121-44-8), trimethylamine (CAS 75-50-3), lithium chloride (CAS 7447-41-8), lithium chloride hydrate (CAS 85144-11-2), (44) lithium chloride monohydrate (CAS 16712-20-2) and lithium carbonate (CAS 554-13-2). The terms military end use and military end user as well as military intelligence end use and military intelligence end user are broadly defined in the EAR. This alert is not intended to be and is not a detailed summary of the export controls implemented in response to the invasion of Ukraine. 5 How do you know if something is export controlled? | 2017 For a summary of the license requirements and availability of license exceptions relating to Belarus, please see the above discussion of controls applicable to Russia. Conduct sanctioned-person screening at the time of the order and prior to the export, reexport or transfer (in country) to verify that no party to a transaction is covered by any applicable sanctioned persons list, including the BISs UVL, Denied Persons List or Entity List and OFACs List of Specially Designated Nationals and Blocked Persons. Federal Register provide legal notice to the public and judicial notice This alert is a tool to help businesses, both U.S. and foreign, identify whether their business with Russia, Belarus or Ukraine may now be subject to U.S. export license requirements or involve newly sanctioned or blocked persons. | 1997 7210; E.O. KMA International Import and Export Co., Sector I-8/4, House No. BakerHostetler continues to closely monitor this rapidly changing situation. Alexandre Lamy published an article, Supply Chain Risks Related to US Sanctions and Export Control Issues, in the February 2019 issue of Baker McKenzies Aerospace & Defense Compliance Bulletin. The text of that article is provided below. The U.S. Department of Commerces Bureau of Industry and Security (BIS) administers U.S. laws, regulations and policies governing the export and reexport of commodities, software, and technology (collectively items) falling under the jurisdiction of the Export Administration Regulations (EAR). These complex rules are summarized below; the applicable regulations should be consulted to determine whether the rules may apply to a specific foreign-produced Item. Aktepe Sanayi Sitesi, Kinalikar Sokak, Orta Mahalle No. Businesses must acquire a data license to use the dataset. | 2020 The EAR changes that became effective May 19 can be summarized as follows: In its press release, the BIS stated that the new controls are the result of coordination with its international partners and are intended to better align U.S. export controls against Russia/Belarus with those enacted by key international partners. The availability of license exceptions has been severely limited for transactions involving Russia. Of the eleven entries that are being added to the Entity List under the destination of Pakistan, the ERC determined that nine of the entitiesMSN International, Creative Dynamics Engineering, FACO Trading, Interscan, Micado, Premier International, Sumico Technologies, Oriental Engineers and Imam Groupare government, parastatal and private entities involved in activities that are contrary to the national security and/or foreign policy interests of the United States. Foreign-produced Items that are subject to the EAR under the foreign-direct product rules (FDPRs), including the specific Russia/Belarus rules in Sections 746.8 and 734.9(f) and (g) of the EAR. | 2020 A copy of this disclaimer can also be found on our Disclaimer page. 7907 SPRUCEMILL DRIVE, MORRISVILLE, PA, 19067 Citations: 83 F.R. Conducting due diligence to verify whether an entity qualifies as an MEU or MIEU remains essential, but the Russian and Belarusian MEUs and MIEUs that are located outside Russia or Belarus are on the BIS Entity List in Supplement No. The entities and individuals named are: In tandem with BISs TDO, the U.S. Department of Justice indicted the individuals, among others, for export violations and other criminal violations, including conspiracy related to a global procurement and money laundering network on behalf of the Russian government. 8 What should you do if your BIS value increases? | 2010 19, Orhanli-Tuzla, Istanbul, Turkey. It does not store any personal data. With the addition of these 21 entities, BIS has now included over 410 entities on the Entity List for reasons related to Russias invasion of Ukraine. 5 to Part 746 of the EARas of May 19; they include household and department store items such as kitchen appliances, fans, radio/TV products, certain spirits, tobacco products, clothing items, jewelry, leather items, plastic items, vehicles, antiques, sporting goods and other goods. For a summary of the license requirements and availability of license exceptions relating to Belarus, please see the above discussion of controls applicable to Russia. | 2019 EAR99 Luxury Goods Require a BIS License (15 C.F.R. edition of the Federal Register. | 2001 WebThe Denied Persons List consists of individuals and companies that have been denied export and re-export privileges by BIS. Missing Person Search | State of California - Department of 4. | 1996-2000, 2022 The most recent example of this is the May 16 temporary denial order issued against several Russian entities, including a Russian airline, and several individuals for unauthorized exports of controlled civil aviation parts and components to Russia via other airlines that have been designated on the BIS Denied Persons List. Baker & Hostetler LLP publications are intended to inform our clients and other friends of the firm about current legal developments of general interest. | 2012 460, Street No. Sector-specific items listed in Section 746.5 and Supplement Nos. Deemed exports and reexports are not subject to these license requirements. For a detailed summary of each of these requirements, see Part IV below. WebDenied Persons List; Entity List; Unverified List; Military End User (MEU) List; Consolidated Screening List; Country Guidance. | 2015 | 2016 How do you know if something is export controlled? Specially Designated Nationals And Blocked Persons List (SDN) The ERC determined that Makkays Hi-Tech Systems directed Euromoto Middle East FZE and Talaat Mehmood to supply U.S.-origin items, without obtaining the necessary licenses, to Pakistan's Advanced Engineering Research Organization (AERO). | 2015 It is important to review each specific control carefully, as the availability and scope of license exceptions differ among the various controls. BIS maintains a list of individuals and firms with whom U.S. parties may not do business.
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