U.S. revisions to “unverified list”; activities and criteria that may lead to additions to EAR entity list

Final rule amending the Export Administration Regulations (EAR)

Activities and criteria that may lead to additions to EAR entity list

The Bureau of Industry and Security (BIS) of the U.S. Commerce Department today released for publication in the Federal Register a final rule amending the Export Administration Regulations (EAR) by adding 31 persons to the unverified list (UVL) on the basis that BIS was unable to verify their “bona fides” because an end-use check could not be completed satisfactorily. All 31 persons are being added under the destination of China.

The final rule [PDF 325 KB] also removes nine persons, all under the destination of China, from the UVL because BIS was able to verify their bona fides.

BIS has also clarified the activities and criteria that may lead to the addition of an entity to the entity list, including a sustained lack of cooperation by the host government (e.g., the government of the country in which an end-use check is to be conducted) that effectively prevents BIS from determining compliance with the EAR.

The final rule is effective today, October 7, 2022.
 

For more information, contact a professional with KPMG’s Trade & Customs services:

Doug Zuvich
Partner and Global Practice Leader
E: dzuvich@kpmg.com

John L. McLoughlin
Principal and East Coast Leader
E: jlmcloughlin@kpmg.com

Andy Siciliano
Partner and National Practice Leader
E: asiciliano@kpmg.com

Steve Brotherton
Principal and Global Export and Sanctions Leader
E: sbrotherton@kpmg.com

Luis (Lou) Abad
Principal, Washington National Tax
E: labad@kpmg.com

Irina Vaysfeld
Principal
E: ivaysfeld@kpmg.com

Amie Ahanchian
Principal
E: aahanchian@kpmg.com

Christopher Young
Principal
E: christopheryoung@kpmg.com

Gisele Belotto
Principal
E: gbelotto@kpmg.com

George Zaharatos
Principal
E: gzaharatos@kpmg.com

Andy Doornaert
Managing Director
E: adoornaert@kpmg.com

Jessica Libby
Principal
E: jlibby@kpmg.com

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