83 FR 12475

15 South Sudanese Entities Added to the Entity List

The Bureau of Industry and Security (BIS) of the U.S. Department of Commerce has amended the Export Administration Regulations (EAR) by adding 15 South Sudanese entities to the Entity List (Supplement No. 4 to part 744 of the EAR). The Entity List identifies entities, including corporations, private or government organizations, and natural persons, and other persons reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. BIS has taken this action as part of the U.S. effort to end the ongoing conflict and resolve the humanitarian crisis in South Sudan.

The U.S. Government assesses the 15 entities BIS has added to the Entity List as contributing to the ongoing crisis in South Sudan because they are a source of substantial revenue that, through public corruption, is used to fund the purchase of weapons and other material that undermine the peace, security, and stability of South Sudan rather than support the welfare of the South Sudanese people. Adding these entities to the Entity List is intended to ensure that items subject to the EAR are not used to generate revenue to finance the continuing violence in South Sudan.

The following 15 entities are the first South Sudanese entities added to the Entity List: Ascom Sudd Operating Company; Dar Petroleum Operating Company; DietsmannNile; Greater Pioneer Operating Co. Ltd; Juba Petrotech Technical Services Ltd; Nile Delta Petroleum Company; Nile Drilling and Services Company; Nile Petroleum Corporation; Nyakek and Sons; Oranto Petroleum; Safinat Group; SIPET Engineering and Consultancy Services; South Sudan Ministry of Mining; South Sudan Ministry of Petroleum; and Sudd Petroleum Operating Co.

These 15 entities are subject to a license requirement for all exports and reexports destined for any of the entities and transfers (in-country) to them of all items subject to the EAR with a licensing review policy of a presumption of denial. This license requirement also applies to any transaction involving any of these entities in which such entities act as a purchaser, intermediate consignee, ultimate consignee or end-user. Additionally, no license exceptions are available to these entities.

If any person participates in a transaction described above involving any of these 15 entities without first obtaining the required license from BIS, that person would be in violation of the EAR and could be subject to civil or criminal enforcement proceedings. Civil enforcement could result in the imposition of monetary penalties or the denial of the person’s export privileges. Additionally, a person’s supplying or procuring items subject to the EAR or engaging in other activity involving an entity on the Entity List could result in a determination to add that person to the Entity List consistent with the procedures set forth in the EAR.

The regulation can be viewed on the Federal Register at https://www.gpo.gov/fdsys/pkg/FR-2018-03-22/pdf/2018-05789.pdf.

 

As of December 15, 2016, BIS is implementing a change to the standard language on validated licenses to align with the change in requirements specific to destination control statements that was published in a rule on August 17, 2016 (81 FR 54721 ) and went into effect on November 17, 2016.  BIS is also implementing one other minor change to the standard license text.  Before December 15, the language read as follows:
“The Export Administration Regulations require you to take the following actions when exporting under the authority of this license.
A.    Record the Export Commodity Control Number in the block provided in the Automated Export System (AES).
B.    Record your validated license number in the block provided in AES.
C.    Place a Destination Control Statement on all bills of lading, airway bills and commercial invoices.”
As of December 15, this language has been changed to read (new text in italics):
“The Export Administration Regulations require you to take the following actions when exporting under the authority of this license.
A.    Record the Export Control Classification Number in the block provided in the Automated Export System (AES).
B.    Record your validated license number in the block provided in AES.
C.    Place a Destination Control Statement on all commercial invoices for shipments of items on the Commerce Control List.”
 
This new language will appear on all current validated licenses that are available for review or printing in BIS’ SNAP-R system.
If you have any questions about these changes, please call BIS’ export counselors at either 202-482-4811 (Washington, DC), 949-660-0144 (Irvine, CA) or 408-998-8806 (San Jose, CA).

These are the unofficial electronic EAR files created by BIS. The legally official text of the EAR is provided via the Federal Register publications. Incorporation of revisions pursuant to Federal Register regulatory publications are completed by BIS within 72 hours to the best of our abilities. While we strive for perfection, we do make mistakes from time to time. You may email any errors that you find to This email address is being protected from spambots. You need JavaScript enabled to view it..

If formatting/editorial changes have been made to a file, the modified date will reflect that the file has been updated, but the footer date will only be changed when a regulatory change has been made to the file.

Title

Date Last Modified

Table of Contents for the EAR

2017-04-24

Commerce Control List Index

2018-04-05

CCL Categories 0-9

2017-08-15

Category 0 - Nuclear Materials Facilities & Equipment [and Miscellaneous Items]

2018-01-08

Category 1 - Materials Chemicals Microorganisms and Toxins

2018-04-05

Category 2 - Materials Processing

2018-04-02

Category 3 - Electronics Design Development and Production

2017-08-15

Category 4 - Computers

2017-08-25

Category 5 Part 1 - Telecommunications

2017-08-15

Category 5 Part 2 - Information Security

2017-08-15

Category 6 - Sensors and Lasers

2017-08-15

Category 7 - Navigation and Avionics

2017-08-15

Category 8 - Marine

2018-01-08

Category 9 - Aerospace and Propulsion

2017-12-27

Legal Authority for the Export Administration Regulations

2017-06-26

Part 730 - General Information

2017-01-04

Part 732 - Steps for Using the EAR

2017-12-27

Part 734 - Scope of the Export Administration Regulations

2017-12-27

Part 736 - General Prohibitions

2016-03-16

Part 738 - Commerce Control List Overview and the Country Chart

2017-12-27

Supplement No. 1 to Part 738 - Commerce Country Chart

2018-04-02

Part 740 - License Exceptions

2017-12-27

Supplement No. 1 to Part 740 - Country Groups

2018-04-02

Part 742 - Control Policy -- CCL Based Controls

2017-07-07

Part 743 - Special Reporting Requirements

2016-09-20

Part 744 - Control Policy: End-User and End-Use Based

2017-07-07

Supplement No. 4 to Part 744 - Entity List

2018-03-22

Part 745 - Chemical Weapons Convention Requirements

2018-04-02

 

Part 746 - Embargoes and Other Special Controls

2017-12-27

Part 747 - [RESERVED]

2004-07-30

Part 748 - Application Classification Advisory and License

2017-04-19

Supplement No. 7 to Part 748 - VEU List

2017-10-23

Part 750 - Application Processing Issuance and/or Denial

2017-01-15

Part 752 - [RESERVED]

2015-09-25

Part 754 - Short Supply Controls

2016-05-12

Part 756 - Appeals

2014-01-21

Part 758 - Export Clearance Requirements

2016-11-15

Part 760 - Restrictive Trade Practices or Boycotts

2016-10-14

Part 762 - Recordkeeping

2017-04-19

Part 764 - Enforcement and Protective Measures

2013-10-15

Part 766 - Administrative Enforcement Proceedings

2016-07-22

Part 768 - Foreign Availability Determination Procedures and Criteria

2012-03-12

Part 770 - Interpretations

2016-12-31

Part 772 - Definitions of Terms

2017-08-15

Part 774 - The Commerce Control List

2018-04-05

December 10, 2012
BIS publishes final rule on Editorial Corrections to the Commerce Control List of the Export Administration Regulations.
icon Final Rule

November 29, 2012
BIS publishes final rule on Addition of Certain Persons to the Entity List.
icon Final Rule

November 29, 2012
BIS publishes proposed rule on Revisions to the Export Administration Regulations (EAR) To Make the Commerce Control List (CCL) Clearer. Comments must be received by BIS no later than January 28, 2013.
icon Proposed Rule

November 28, 2012
BIS publishes proposed rule on Control of Military Electronic Equipment and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List. State Department publishes a related proposed rule on Revision of U.S. Munitions List Category XI and Definition for “Equipment.” Both proposed rules are part of the President’s Export Control Reform Initiative. Comments on both rules are due on January 28, 2013.
icon BIS Proposed Rule | icon State Proposed Rule

November 7, 2012
BIS publishes proposed rule on deadline for completing voluntary self-disclosures of EAR violations.
icon Proposed Rule

October 9, 2012
BIS publishes a final rule Addition of Certain Persons to the Entity List.
icon Final Rule

September 20, 2012
BIS publishes final rule Addition of Certain Persons to the Entity List; Removal of Person From the Entity List Based on Removal Request; and Implementation of Entity List Annual Review Changes
icon Final Rule

July 23, 2012
BIS publishes final rule that updates export and reexport controls for Rwanda and United Nations Security Council arms embargoed countries under the EAR.
icon Final Rule

July 9, 2012
BIS publishes a final rule amending three existing validated end-user authorizations in the People's Republic of China.
icon Final Rule

July 2, 2012
BIS publishes final rule to implement Wassenaar Arrangement 2011 agreements.
icon Final Rule

July 2, 2012
BIS publishes final rule to implement Australia Group 2011 agreements.
icon Final Rule

June 22, 2012
BIS posts public comments received on proposed rule to add to the Commerce Control List energetic materials and related articles that the President determines no longer warrant control under the United States Munitions List.
icon Public Comments

June 21, 2012
BIS publishes proposed revisions to the Export Administration Regulations: Implementation of Export Control Reform; Revisions to License Exceptions after Retrospective Review.
icon Proposed Rule

June 19, 2012
BIS and State Department publish proposed rules for "Specially Designed" Definition
icon BIS Proposed Rule  icon State Proposed Rule

June 19, 2012
BIS publishes advanced notice of proposed rulemaking on Feasibility of Enumerating "Specially Designed" Components 
icon BIS Proposed Rule

June 7, 2012
BIS and State Department Publish Proposed Rules Addressing Personal Protective Equipment, Shelters, and Related Items that the President Determines no Longer Warrant Control on the United States Munitions List
icon BIS Proposed Rule  icon State Proposed Rule

May 18, 2012
BIS publishes proposed rule Revisions to the Export Administration Regulations: Auxiliary and Miscellaneous Items that No Longer Warrant Control Under the United States Munitions List and Items on the Wassenaar Arrangement Munitions List.
icon Proposed Rule

May 2, 2012
BIS and State Department publish proposed rules addressing energetic materials and related articles that the President determines no longer warrant control on the United States Munitions List. The comment period for both rules closes on June 18, 2012.
icon BIS Proposed Rule  icon State Proposed Rule

April 26, 2012
BIS publishes final rule Addition of Certain Persons to the Entity List; and Implementation of Entity List Annual Review Changes.
icon Final Rule

April 18, 2012
BIS publishes final rule Addition of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States.
icon Final Rule

April 18, 2012
BIS publishes a proposed rule for revisions to Authorization Validated End-User Provisions: Requirement for Notice of Export, Reexport, or Transfer (In-Country) and Clarification Regarding Termination of Conditions on VEU Authorizations.
icon Proposed Rule

April 17, 2012
BIS publishes final rule Revisions to the Export Administration Regulations (EAR): Export Control Classification Number 0Y521 Series, Items Not Elsewhere Listed on the Commerce Control List (CCL).
icon Final Rule

March 2, 2012
On February 24, 2012, the Federal Register published a BIS rule entitled, "Amendment to Existing Validated End-User Authorizations for Applied Materials (China), Inc., Boeing Tianjin Composites Co. Ltd., CSMC Technologies Corporation, Lam Research Corporation, and Semiconductor Manufacturing International Corporation in the People’s Republic of China, and for GE India Industrial Pvt. Ltd. in India".
icon Final Rule

February 24, 2012
BIS publishes rule updating legal authority citations for parts 730 and 744 of the EAR. This is a purely administrative rule to keep authority citation paragraphs in the Code of Federal Regulations current. It does not alter any of the text of the EAR nor does it affect any rights, obligations or prohibitions that apply to any person under the EAR.
icon Final Rule

February 13, 2012
BIS posts public comments received on proposed rule to add to the Commerce Control List surface vessels of war and related articles that the President determines no longer warrant control under the United States Munitions List.
icon Public Comments

February 13, 2012
BIS posts public comments received on proposed rule to add to the Commerce Control List submersible vessels, oceanographic equipment and related articles that the President determines no longer warrant control under the United States Munitions List.
icon Public Comments

February 13, 2012
BIS posts public comments concerning its retrospective regulatory review being conducted pursuant to Executive Order 13653.
icon Public Comments

January 27, 2012
BIS posts public comments on proposed rule to add to the Commerce Control List certain gas turbine engines and related items that the President determines no longer warrant control under the United Munitions List.
icon Public Comments

January 23, 2012
BIS posts public comments on proposed rule to add to the Commerce Control List certain military vehicles and related items that the President determines no longer warrant control under the United States Munitions List.
icon Public Comments

January 9, 2012
BIS publishes rule imposing a license requirement on certain microwave and millimeter wave electronic components.
icon Final Rule

   
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