Export Compliance Daily is providing readers with the top stories for Jan. 11-15 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
BIS Entity List
The Entity List is a BIS trade restriction list consisting of entities deemed a national security concern and therefore subject to license requirements for exporting specified items, such as some U.S. technologies. Inclusion on the Entity List is more severe than being placed on the Unverified List.
The Bureau of Industry and Security removed three entities from its Unverified List after completing successful end-use checks, the agency said in a notice released Jan. 8. The notice removes Germany-based DMA Logistics GmbH and Halm Elektronik GmbH and Mexico-based Integrated Production and Test Engineering from the list after BIS verified their bona fides. The changes take effect Jan. 11.
Industry should expect the Bureau of Industry and Security's increased activity around export controls to continue, including more additions to the Entity List and the “refinement” of export controls for Hong Kong, said Tim Mooney, a BIS senior export policy analyst.
The Bureau of Industry and Security on Aug. 17 added 38 Huawei affiliates to the Entity List and refined a May amendment to its foreign direct product rule, further restricting Huawei’s access to U.S. technology, the agency said in an Aug. 17 final rule. BIS also modified four existing Huawei entries on the Entity List, amended language in the Export Administration Regulations and said it will continue one cybersecurity-related authorization under its temporary general license for Huawei. The remainder of the license expired Aug. 13.
The Commerce Department Bureau of Industry and Security will submit a proposal for collection of information to the Office of Management and Budget relating to procedures for parties to request removal from the Entity List or Unverified List, according to a notice published in the Federal Register. Comments are due to the Office of Information and Regulatory Affairs at OIRA_Submission@omb.eop.gov by March 26.
The Commerce Department Bureau of Industry and Security is seeking comments on procedures under which parties can request to be removed from Commerce’s Entity List and Unverified List, according to a Dec. 10 notice in the Federal Register. The information collection also includes procedures for requesting a “modification” to an entry on either list, BIS said. Comments are due Feb. 10, 2020.
U.S. export controls are confusing, burdensome and often place U.S. companies at a disadvantage compared with foreign competitors, the American Chamber of Commerce in Shanghai said in an Aug. 29 report.
Commerce’s Bureau of Industry and Security corrected one entry and removed eight others from the Unverified List after verifying and conducting an end-use check, BIS said in a notice. The correction changes the name of Beijing Institute of Nanoenergy and Technology to Beijing Institute of Nanoenergy and Nanosystems, BIS said. The eight removals from the list, all China-based, are: Beijing Bayi Space LCD Materials Technology Co., Hubei Flying Optical, Sunder Tools (Changxing) Technology, Wuhan Yifi Laser Equipment Co., Wuxi Hengling Technology Co., Xiamen Sanan Optoelectronics, Zhejiang Xizi Aviation and Zolix Instruments Co. The changes are scheduled to take effect June 27.
Applied Materials ordered staff to suddenly stop doing business with customer Xiamen Sanan Optoelectronics, a day after the Chinese LED chip maker appeared on a U.S. government “unverified list” of foreign entities (see 1904100017), according to a Nikkei Asian Review report. California-based Applied supplies semiconductor production equipment and large-area deposition systems for LCD and OLED display manufacturing. Xiamen Sanan describes itself as China’s “largest LED epitaxial wafer and chip manufacturer, endeavoring to become top 1 in the global LED industry.” Applied didn't comment. Efforts to reach Xiamen Sanan, whose shares are listed on the Shanghai stock exchange, were unsuccessful.
The Commerce Department's Bureau of Industry and Security is amending the Export Administration Regulations (EAR) to add to the Unverified List 50 entities with addresses in China, Hong Kong, Indonesia, Malaysia and the United Arab Emirates (UAE). Thirty-seven of the 50 additions are located in China. The agency's final rule also removes 10 entities and adds one address for a person currently on the list. The Unverified List includes entities for which the U.S. government failed to complete satisfactory end-use checks, and therefore could not verify the entities' bona fides. Additions to the list are as follows: