The Denied Persons List Standard Order

The Denied Persons List

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(a) Contents

(1) This table lists orders that currently deny export privileges in whole or in part. Orders are published in full in the Federal Register.

(2) Publication of orders. New or amended denial orders are published in the Federal Register as they are issued, and their issuance announced in Export Administration Bulletins. Although diligent efforts have been made to ensure the accuracy of the information in this table, the Federal Register is the authoritative source for denial orders.

(3) Table: This table is updated as new orders are promulgated and existing orders expire. The table does not appear in the Code of Federal Regulations.

(b) Effect of Denial Orders

The failure by any person to comply with any denial order is a violation of the Export Administration Regulations (EAR).

(c) Standard and Non-standard Orders

Denial Orders designated either "standard" or "non-standard" in the column headed "Type of Denial Order " in this table.

The March 1996 revision of the Export Administration Regulations (EAR) adopted "standard" text for denial orders. This text was similar to language that BXA had been using previously. All denial orders issued after March 1996 are either "standard" (conforming to the standard language in the EAR) or "non-standard." The EAR say that "...denial orders issued prior to March 25, 1996 shall be construed, in so far as possible, as having the same scope and effect as the standard denial order." [paragraph (a)(1) of Supp. No. 2 of part 764] In this table, all orders, both pre- and post-1996 are listed as either "standard" or "non-standard." If you want to consult the text of a pre-1996 order, go to the Export Administration Regulations Web site maintained by the Government Printing Office where you can find the Federal Register citation of the order itself.

Standard orders issued after August 27, 2002 to conform to the following language:

IT IS THEREFORE ORDERED:

FIRST, that [the denied person(s)] may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as "item") exported or to be exported from the United States that is subject to the Export Administration Regulations (EAR), or in any other activity subject to the EAR, including, but not limited to:

A. Applying for, obtaining, or using any license, License Exception, or export control document;

B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR;

or

C. Benefiting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR.

SECOND, that no person may, directly or indirectly, do any of the following:

A. Export or reexport to or on behalf of the denied person any item subject to the EAR;

B. Take any action that facilitates the acquisition or attempted acquisition by a denied person of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby a denied person acquires or attempts to acquire such ownership, possession or control;

C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the denied person of any item subject to the EAR that has been exported from the United States;

D. Obtain from the denied person in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or

E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by a denied person, or service any item, of whatever origin, that is owned, possessed or controlled by a denied person if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing.

THIRD, that, after notice and opportunity for comment as provided in section 766.23 of the EAR, any person, firm, corporation, or business organization related to the denied person by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this order.

FOURTH, that this order does not prohibit any export, reexport, or other transaction subject to the EAR where the only items involved that are subject to the EAR are the foreign-produced direct product of U.S.-origin technology.

This order, which constitutes the final agency action in this matter, is effective [DATE].

Standard denial orders issued between March 25, 1996 and August 26, 2002 were effective immediately upon the signature of the order.

The terms of "non-standard" orders are published in the Federal Register. The Federal Register for 1995 to present is available on the Government Printing Office Access Web site. Prior to 1995, you may need to consult the printed version or other on-line source of the Federal Register.

If you have questions about the scope of a particular denial order, you may contact the:

Office of Enforcement Analysis
U.S. Department of Commerce, Room 4065
14th Street and Constitution Ave., NW
Washington, DC 20230
Telephone (202) 482-4255,
Fax (202) 482-0971
Submit a DPL question to OEA