BIS has reached a superseding settlement agreement with Zhongxing Telecommunications Equipment and ZTE Kangxun Telecommunications Ltd. (collectively, “ZTE”), which may lift the April 15, 2018 Denial Order that BIS issued against ZTE. A copy of the superseding agreement is here and on BIS’s E-FOIA page. A copy of the related superseding order is here and on BIS’s E-FOIA page. FAQs on the superseding agreement are here. Additional information is available on the Department of Commerce website.

 

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.

 

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

2018-06-12

CCL Categories 0-9

2018-04-26

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

2018-04-23

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

2018-05-17

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

2018-06-04

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

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).

   
© BIS 2016