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What is the BIS Entity List?

From a recent Federal Register notice:

The Entity List (Supplement No. 4 to part 744) 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. The EAR imposes additional license requirements on, and limits the availability, of most license exceptions for, exports, reexports, and transfers (in-country) to those listed. The ‘‘license review policy’’ for each listed entity or other person is identified in the License Review Policy column on the Entity List and the impact on the availability of license exceptions is described in the Federal Register notice adding entities or other persons to the Entity List. BIS places entities and other persons on the Entity List pursuant to sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR.

The ERC, composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List. The ERC makes all decisions to add an entry to the Entity List by majority vote and all decisions to remove or modify an entry by unanimous vote. 

Categories: Bureau of Industry and Security (BIS) Updates Entity List Export Control General Information


4 replies

  1. does BIS entity list applies to wire transfer? are there any restriction for wire transfer to entity or individual in the BIS list?

    1. Export control lists are generally required only for exporters to ensure they don’t do business with, or have the proper licensing or due diligence in place, parties on the list. As far as I am aware, there are no requirements for financial services firms. It’s probably good practice to screen against the Denied Persons List, which prohibits exports. If a firm is on the other two BIS lists, there is a real documentary burden on the exporter, but exports are not comprehensively barred. This being said, I am not an expert on the Commerce Department’s Export Administration Regulations (EAR) – I just know that use of any of the BIS lists is far from universal.

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