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BIS Adds 16 Persons to Entity List from Afghanistan, Pakistan, UAE

The Bureau of Industry and Security issued a final rule, effective April 27, 2012, which amends the Export Administration Regulations by adding to the Entity List1, 16 persons under 18 entries for the countries of Afghanistan, Pakistan, and the United Arab Emirates.

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Export License Required, Application Review Policy of Denial for Listed Persons

BIS' final rule implements the decision of the End-User Review Committee (ERC) to add three entities to the Entity List. Once on the Entity List, a BIS license is required to export, reexport or transfer (in-country) any item subject to the EAR to any of the listed persons, including any transaction in which any of the listed persons will act as purchaser, intermediate consignee, ultimate consignee, or end- user of the items; and applications for all such licenses are subject to a presumption of denial. In addition, no license exceptions are available for shipments to those persons being added to the Entity List.

(BIS says that these 16 persons are being added to the Entity List because of their provision of support to persons engaged against U.S. and Coalition forces in Afghanistan. According to BIS, all 16 of the persons are involved in supply networks that provide components used to make improvised explosive devices (IEDs) used against U.S. and Coalition troops in Afghanistan.

Sixteen Persons in Three Countries Added

BIS' final rule adds the following 16 persons to the Entity List under 18 entries, to the following 13 destination countries:

Afghanistan

Afghan-German Construction Company

Haji Khalil Construction Company

Khalil Zadran (aka Samar Gul Khalil aka Khalil Samar Gul aka Samer Khalil aka Samer Gul Khalil aka Khlil Khalil aka Kalil Khalil aka Khalil Khualil aka Haji Khalil)

Heim German Afghan Khalil Company

Ibrahim Haqqani (aka Hajji Sahib aka Maulawi Haji Ibrahim Haqqani)

Khalil Zadran Company (aka Khalil Construction)

Onyx Construction Company

Triangle Technologies

Zurmat Construction Company offices

Zurmat Foundation

Zurmat Group of Companies

Zurmat Material Testing Laboratory

Pakistan

Khalil Zadran (aka Samar Gul Khalil aka Khalil Samar Gul aka Samer Khalil aka Samer Gul Khalil aka Khlil Khalil aka Kalil Khalil aka Khalil Khualil aka Haji Khalil)

Jalaluddin Haqqani (aka General Jalaluddin aka Haqqani Sahib aka Maulama Jalaluddin aka Maulawi Haqqani aka Molvi Sahib aka Mulawi Jalaluddin aka Mullah Jalaluddin)

Khalil Zadran Company (aka Khalil Construction)

United Arab Emirates

Al Maskah Used Car and Spare Parts

Feroz Khan aka Haaje Khan aka Haaji Khan aka Firoz

Zurmat General Trading

Savings Clause

Shipments of items removed from eligibility for a license exception or export or reexport without a license (NLR) as a result of this regulatory action that were on dock for loading, on lighter, laden aboard an exporting or reexporting carrier, or en route aboard a carrier to a port of export or reexport, on April 18, 2012, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previous eligibility for a license exception or export or reexport without a license (NLR).

1The Entity List (Supplement No. 4 to 15 CFR Part 744) provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the Entity List require a license from BIS and that availability of license exceptions in such transactions is limited. A license application review policy of a presumption of denial is also established.

(BIS controls exports and reexports of dual-use commodities, technology, and software for reasons of national security, missile technology, nuclear non-proliferation, chemical and biological weapons non-proliferation, crime control, regional stability, foreign policy and anti-terrorism.)

BIS Contact -- Karen Nies-Vogel (202) 482-5991