To update our original post on May 29, 2020 BIS Adds 33 Chinese Companies to the Entity List, the new final rules are available for public inspection and expected to be published in the Federal Register on June 5, 2020. As mentioned in our prior blog post, the Department of Commerce announced the addition of 33 Chinese companies to the Entity List through two separate press releases. The Entity List had not yet been, however, to reflect the new additions, nor the corresponding federal register notices published, as required.

On Wednesday, June 3, BIS published for public inspection the new final rules adding the 33 Chinese companies to the Entity List. As previewed in the press releases, BIS will add the companies in two tranches: first, twenty-four entities that BIS determined to either be involved in, or “pose a significant risk” of becoming involved in, procuring items and technology for military end use in China; and second, nine entities determined to have been implicated in human rights violations of minority groups in the Xinjiang Uighur Autonomous Region (XUAR).

Additionally, BIS clarified the licensing policy for the newly listed entities. For all of the entities, a license is required for all items subject to the EAR with a presumption of denial and no license exceptions are available. For the nine entities determined to be involved in human rights violations, however, BIS will review license applications on a case-by-case basis for the export, reexport, or transfer of (1) items controlled in ECCNs 1A004.c, 1A004.d, 1A995, 1A999.a, 1D003, 2A983, and 2E983, as well items designated as EAR described in the Note to 1A995; and (2) that will be used for personal protection against chemical or biological agents, or medical products.

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Photo of Jana del-Cerro Jana del-Cerro

Maria Alejandra (Jana) del-Cerro is a partner in Crowell & Moring’s Washington, D.C. office and a member of the firm’s International Trade and Government Contracts groups. She advises clients with respect to the U.S. regulation of outbound trade, including U.S. export controls. Jana

Maria Alejandra (Jana) del-Cerro is a partner in Crowell & Moring’s Washington, D.C. office and a member of the firm’s International Trade and Government Contracts groups. She advises clients with respect to the U.S. regulation of outbound trade, including U.S. export controls. Jana works with clients across a broad range of industries, from traditional aerospace and defense manufacturers and multi-national software companies, to start-ups in the technology sector, and she regularly represents them before the Departments of State, Commerce, and Treasury in responding to government inquiries, conducting internal reviews, and in compliance investigations and voluntary disclosures.

Photo of Chandler Leonard Chandler Leonard

Chandler S. Leonard is an associate in Crowell & Moring’s Washington, D.C. office and a member of the firm’s International Trade Group. Chandler’s practice focuses on export controls and economic sanctions issues, including voluntary disclosures and enforcement matters before the Departments of Commerce…

Chandler S. Leonard is an associate in Crowell & Moring’s Washington, D.C. office and a member of the firm’s International Trade Group. Chandler’s practice focuses on export controls and economic sanctions issues, including voluntary disclosures and enforcement matters before the Departments of Commerce, State, and Treasury. Chandler has experience analyzing and advising U.S. and non-U.S. companies with respect to proposed transfers of U.S. origin technology, software, hardware, and services. She has performed jurisdictional and classification analyses under the ITAR and EAR, including drafting Commodity Jurisdiction requests and CJ Reconsideration requests. She assists in developing and/or reviewing U.S. export and sanctions compliance programs, including risk assessments. Chandler also has experience training a wide variety of audiences, both U.S. and foreign, on compliance with U.S. export control and sanctions requirements.