DOC Imposes New Requirements for Exports Involving Parties on Unverified List

February 19, 2014

DOC Imposes New Requirements for Exports Involving Parties on Unverified List

On December 19, 2013, the Department of Commerce (DOC) issued a final rule revising the Export Administration Regulation (EAR). The final rule requires exporters to file an Automated Export System record for all exports subject to the EAR when a party to the transaction is on the “unverified list,” which is a list of individuals who were parties to past export transactions but for whom pre-license checks or post-shipment verifications could not be conducted for reasons outside the U.S. government’s control. Additionally, the rule suspends the availability of license exceptions for exports, re-exports, or in-country transfers where the transaction involves a party on the unverified list. The rule also requires exporters, re-exporters, and transferors to obtain an unverified list statement from a party on the unverified list for items subject to the EAR, but which do not require a license, prior to completing any transactions. Finally, the rule requires the publication of the unverified list in the EAR, and adds procedures to the EAR for the removal or modification of an unverified list entry. This rule became effective December 19, 2013. (78 Fed. Reg. 76741, 12/19/2013.)






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