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Commerce Department Entity List

Commerce Department Entity List in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): During 2011 the Department of Commerce, Bureau of Industry and Security (“BIS”), amended the Export Administration Regulations (“EAR”) to add 60 persons, located in Afghanistan, China, Cyprus, France, Greece, Hong Kong, Iran, Lebanon, Pakistan, Singapore, Syria, Ukraine, the United Arab Emirates, and the United Kingdom, to the Entity List. 76 Fed. Reg. 37,632 (June 28, 2011); 76 Fed. Reg. 44,259 (July 25, 2011); 76 Fed. Reg. 50,407 (Aug. 15, 2011); 76 Fed. Reg. 63,184 (Oct. 12, 2011); 76 Fed. Reg. 67,059 (Oct. 31, 2011); 76 Fed. Reg. 71,867 (Nov.21, 2011). As BIS explained in the preambles to the final rules, “[t]he persons that are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.” Once a person is placed on the Entity List, BIS explained that “[a] BIS license is required for the export or reexport of any item subject to the EAR” to that person.

BIS also removed 6 persons, located in Hong Kong, New Zealand, Russia and the United Kingdom, from the Entity List. 76 Fed. Reg. 21,628 (Apr. 18, 2011); 76 Fed. Reg. 29,998 (May 24, 2011); 76 Fed. Reg. 63,184 (Oct. 21, 2011). Moreover, BIS amended 15 entries on the Entity List for persons in Canada, Iran, Russia, Syria, and the United Arab Emirates. 76 Fed. Reg. 21,628 (Apr. 18, 2011); 76 Fed. Reg. 29,998 (May 24, 2011); 76 Fed. Reg. 50,407 (Aug. 15, 2011); 76 Fed. Reg. 71,867 (Nov. 21, 2011).

In addition, effective January 25, 2011, BIS amended the EAR to implement several components of a bilateral understanding between India and the U.S. announced by President Obama and India's Prime Minister Singh on November 8, 2010. The amendments included removing India's defense and space-related entities (nine total) from the Entity List and removing India from three country groups in the EAR that are subject to end-use restrictions and adding it to one country group of members and adherents to the Missile Technology Control Regime (“MTCR”), as well as making conforming changes consistent with these steps. The notice of the final rule in the Federal Register explained that these changes “reflect India's nonproliferation record and commitment to abide by multilateral export control standards.” 76 Fed. Reg. 4228 (Jan. 25, 2011).