United States amends EAR reflecting UAE termination of boycott of Israel

Prohibitions and reporting requirements contained in EAR’s antiboycott provisions do not apply to requests from the UAE made after August 16, 2020.

Prohibitions and reporting requirements contained in EAR’s antiboycott provisions

The Bureau of Industry and Security (BIS) of the U.S. Commerce Department released for publication in the Federal Register a final rule amending the Export Administration Regulations (EAR) to reflect the formal termination by the United Arab Emirates (UAE) of its participation in a boycott of Israel.

In recognition of the UAE’s August 16, 2020 issuance of Federal Decree-Law No. 4 of 2020, certain requests for information, action or agreement from the UAE that were presumed to be boycott-related if made prior to August 16, 2020, would not be presumed to be boycott-related if made following that date, and thus would not be prohibited or reportable under the EAR.

Accordingly, BIS added an interpretation to the “Restrictive Trade Practices or Boycotts” regulations of the EAR expressing a view that the prohibitions and reporting requirements contained in the EAR’s antiboycott provisions do not apply to such requests from the UAE made after August 16, 2020.

The final rule [PDF 221 KB]—effective today, June 8, 2021—reflects the UAE’s formal termination (through the issuance of the August 16, 2020 decree) of its participation in the boycott of Israel.

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Amie Ahanchian
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