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Entity List FAQs, coinciding with publication of “India Rule”
- What is the consequence of the removal of these nine entities from the Entity List?
- Do I still need a license to export, reexport, or transfer (in-country) items subject to the EAR to the entities that were removed from the Entity List pursuant to the January 25, 2011 rule?
- Are there any Indian entities still on the Entity List following publication of the January 25, 2011 rule?
- I understand that a license is still required to export, reexport, or transfer (in-country) to certain Department of Atomic Energy (DAE) entities in India. How can I find which DAE reactors, fuel reprocessing and enrichment facilities, and heavy water production and collocated ammonia plants are subject to Entity List license requirements?
- Where can I get more information on the Entity List?
1. What is the consequence of the removal of these nine entities from the Entity List?
The removal of these nine entities from the Entity List eliminates the additional license review requirements specified in the Entity List for exports, reexports, and transfers (in-country) to the following entities:
- Bharat Dynamics Limited;
- All subordinates of India’s Defense Research and Development Organization (DRDO) listed on the Entity List immediately prior to the rule’s January 25, 2011 effective date, namely:
--Armament Research and Development Establishment (ARDE);
--Defense Research and Development Lab (DRDL), Hyderabad;
--Missile Research and Development Complex; and
--Solid State Physics Laboratory);
- All Indian Space and Research Organization (ISRO) subordinate entities listed on the Entity List immediately prior to the rule’s January 25, 2011 effective date, namely:
--Liquid Propulsion Systems Center;
--Solid Propellant Space Booster Plant (SPROB);
--Sriharikota Space Center (SHAR); and
--Vikram Sarabhai Space Venter (VSSC), Thiruvananthapuram.
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2. Do I still need a license to export, reexport, or transfer (in-country) items subject to the EAR to the entities that were removed from the Entity List pursuant to the January 25, 2011 rule?
Yes, if the item proposed for export, reexport, or transfer (in-country) is subject to license requirements pursuant to other parts of the EAR. As noted in FAQ #2, the removal of an entity from the Entity List only eliminates the license requirements previously imposed pursuant to the listing of the entity on the Entity List. It does not modify the license requirements that may be applicable under the EAR because of an item’s classification on the Commerce Control List (CCL) or the item’s end-use. Additionally, if you know or have been informed that the item proposed for export, reexport or transfer (in-country) will be used in a weapons of mass destruction or missile delivery system program, or in certain nuclear activities, you must seek a license pursuant to the requirements found in part 744 of the EAR. You should also consult the other part 744 end-use and end-user prohibitions, as well as the other lists maintained by BIS and other U.S. Government agencies to determine whether other license requirements or sanctions apply. In summary, you should conduct the same due diligence as you would for any other export, reexport or transfer (in-country) of items subject to the EAR.
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3. Are there any Indian entities still on the Entity List following publication of the January 25, 2011 rule?
Yes, the January 25, 2011 rule only removed India’s defense and space-related entities from the Entity List (See FAQ #1). Certain entities of the Department of Atomic Energy remain listed, namely:
- Bhabha Atomic Research Center (BARC),
- Indira Gandhi Atomic Research Center (IGCAR),
- Indian Rare Earths, and
- nuclear reactors (including power plants) not under International Atomic Energy Agency (IAEA) safeguards (excluding Kundankulam 1 and 2), fuel reprocessing and enrichment facilities, heavy water production facilities, and their collocated ammonia plants).
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4. I understand that a license is still required to export, reexport, or transfer (in-country) to certain Department of Atomic Energy (DAE) entities in India. How can I find which DAE reactors, fuel reprocessing and enrichment facilities, and heavy water production and collocated ammonia plants are subject to Entity List license requirements?
Indian nuclear reactors (including power plants) that are placed under the International Atomic Energy Agency’s (IAEA) safeguards are not subject to Entity List license requirements. However, all Indian fuel reprocessing and enrichment facilities as well as all Indian heavy water production and collocated ammonia plants continue to be subject to Entity List license requirements. BIS recommends that you review the materials on the IAEA’s website that outline which facilities are safeguarded.
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5. Where can I get more information on the Entity List?
Please see the Entity List (Supplement No. 4 to part 744 of the Export Administration Regulations) in PDF or ASCII text format, on the Government Printing Office EAR Web site. BIS has also published a fact sheet on the Entity List here and corresponding Frequently Asked Questions. We recommend that you also monitor the Federal Register and the Consolidated Screening List for updates to the Entity List.
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