Before you commence with your next export transaction, be sure that you are aware of the amendments that have been applied to three specific sections of the Export Administration Regulations (EAR) with regard to parties who appear on the Entity List. The sections of the EAR affected by these amendments are:

• 744.10 - Restrictions on Certain Entities in Russia


• 744.11 - License Requirements that Apply to Entities Acting Contrary to the National Security or Foreign Policy Interests of the United States


• 744.20 - License Requirements that Apply to Certain Sanctioned Entities

The Bureau of Industry and Security (BIS) has amended the above referenced sections of the EAR to incorporate license requirements for transfers (in country) to persons denoted on the Entity List, which the regulations had not required prior to this amendment. A transfer (in country) is defined as the shipment, transmission or release of items subject to the EAR from one person to another person that occurs outside the United States within a single foreign country.
The Entity List is maintained by the U.S. government and is meant to provide notice to the interested public that certain exports, re-exports or transfers (in country) to parties (i.e. individuals, corporations, research institutions, governmental and private organizations) denoted on the Entity List require a license from BIS. The license is required because these parties have been known to engage in activities that would give substantiated reasons to believe that exported, re-exported or transferred (in country) items could be diverted to weapons of mass destruction programs, along with other activities that have been sanctioned by the State Department, in addition to any other activity that would be considered contrary to the national security or foreign policy interests of the United States.
So exactly what has changed here? Quite simply, the federal government has amended the above mentioned sections of the EAR to provide an enhancement to end-user control by incorporating transfers (in country) to the license requirements.
These amendments became effective upon publication in the Federal Register on Tuesday, September 8, 2009. Now would be the perfect time to ensure that any pending transactions you have are not affected by this amendment, and if by chance they are, this is the time to make the necessary adjustments! In today’s ever dangerous world, we certainly do not want anything to fall into the wrong hands. ( linda )31 Jan,2012

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