The Export Administration Regulations (EAR) contain a list of names of certain foreign persons – including businesses, research institutions, government and private organizations, individuals, and other types of legal persons – that are subject to specific license requirements for the export, reexport and/or transfer (in-country) of specified items. These persons comprise the Entity List, which is found in Supplement No. 4 to Part 744 of the EAR. On an individual basis, the persons on the Entity List are subject to licensing requirements and policies supplemental to those found elsewhere in the EAR.
This rule amends the Export
Administration Regulations (EAR) by
removing one person from the Entity
List (Supplement No. 4 to Part 744).
This person is being removed from the
Entity List because the End-User Review
Committee (ERC) decided to approve
this person’s request for removal from
the Entity List. The Entity List provides
notice to the public that certain exports,
reexports, and transfers (in-country) to
parties identified on the Entity List
require a license from the Bureau of
Industry and Security (BIS) and that
availability of License Exceptions in
such transactions is limited.
The Entity List provides notice to the
public that certain exports, reexports,
and transfers (in-country) to parties
identified on the Entity List require a
license from the Bureau of Industry and
Security (BIS) and that availability of
license exceptions in such transactions
is limited. Persons are placed on the
Entity List on the basis of certain
sections of part 744 (Control Policy:
End-User and End-Use Based) of the
EAR. BIS first published the Entity List
in February 1997 as part of its efforts to
inform the public of entities that have
engaged in activities that could result in
an increased risk of diversion of
exported and reexported items to
weapons of mass destruction (WMD)
programs. Since its initial publication,
grounds for identification on the Entity
List have expanded to include activities
sanctioned by the Department of State
and activities contrary to U.S. national
security and/or foreign policy interests.
Removal From the Entity List
One person is being removed under
this rule as a result of the submission of
a formal request for removal based upon
the procedures outlined in § 744.16 of
the EAR. This entity is located in the
United Arab Emirates:
United Arab Emirates
(1) Neda Kargar, No. 308, 3rd Floor,
Rafi Center, Al Nakheel, Deira, Dubai,
U.A.E.
The removal of Neda Kargar from the
Entity List (from the U.A.E., as
described above) eliminates the existing
license requirement in Supplement No.
4 to part 744 for exports, reexports and
transfers (in-country) to this person.
However, the removal of Neda Kargar
from the Entity List does not relieve
persons of other obligations under part
744 of the EAR or under other parts of
the EAR. Neither the removal of a
person from the Entity List nor the
removal of Entity List-based license
requirements relieves persons of their
obligations under General Prohibition 5
in § 736.2(b)(5) of the EAR which
provides that, ‘‘you may not, without a
license, knowingly export or reexport
any item subject to the EAR to an enduser
or end-use that is prohibited by
part 744 of the EAR.’’ Nor do such
removals relieve persons of their
obligation to apply for export, reexport
or in-country transfer licenses required
by other provisions of the EAR. BIS
strongly urges the use of Supplement
No. 3 to part 732 of the EAR, ‘‘BIS’s
‘Know Your Customer’ Guidance and
Red Flags,’’ when persons are involved
in transactions that are subject to the
EAR.
Quelle: 68146 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Rules and Regulations