Industrial Policy & Trade Monitor· 2680 actions· ✨ 93 recent

The Bureau of Industry and Security amended the Export Administration Regulations by adding four entities under nine entries to the Entity List, effective November 21, 2023 (FR Doc. 2023-25684). Three entities — Aerofalcon S.L. (Spain), Novax Group S.A. (Costa Rica, Ecuador, Panama, Russia, Venezuela), and Zero Waste Global SA (Panama, Venezuela) — were listed for circumventing US sanctions by supplying Nicolás Maduro's government with US-origin aircraft parts using fraudulent export documentation. A fourth entity, Si2 Microsystems Private Limited (India), was listed for supplying Russian defense-sector consignees with US-origin integrated circuits in violation of Section 746.5(a)(1)(ii) Russia/Belarus export restrictions. All entities are subject to a license requirement for all EAR items with a presumption of denial.

BIS implements December 2022 Wassenaar Arrangement plenary decisions by amending Commerce Control List ECCNs 9A001, 9A003, 9E001, 9E002, and 9E003 via an interim final rule effective October 18, 2023. The rule moves technology for developing supersonic-capable aero gas turbine engine components from ECCN 9E001 to a new paragraph 9E003.k, preserving development-phase controls even after an engine obtains civil certification. BIS simultaneously extends to supersonic engines the civil-certification release from 9A001 to 9A991 already available for subsonic engines, and opens a 45-day public comment period (deadline December 4, 2023) on whether to restrict Strategic Trade Authorization eligibility for ECCN 9E003.k for certain Country Group A:5 partner-country destinations.

The Bureau of Industry and Security (BIS) added 71 entities to the Entity List effective May 19, 2023, as part of the continuing US export-control response to Russia's invasion of Ukraine. Of the 71 additions, 69 are Russian entities (aircraft repair plants, ammunition and gunpowder manufacturers, shipyards, tractor and automobile factories, and engineering centres), one is Armenian, and one is Kyrgyz — the latter two for facilitating diversion of controlled goods to Russia. The majority of Russian entities received "footnote 3" designations as Russian or Belarusian military end users, triggering the Russia/Belarus Military End-User FDP Rule and subjecting them to a license review policy of denial.

The Bureau of Industry and Security (BIS) established a new Iran Foreign Direct Product (FDP) rule and created Supplement No. 7 to Part 746 of the EAR, effective 24 February 2023, to address Iran's supply of UAVs to Russia for use against Ukraine. The rule adds twelve HTS-6 codes covering UAV-relevant components — aircraft engines, processors, capacitors, memories, and radio navigation equipment — many of which are EAR99 items outside existing ECCNs, requiring a new licence for exports and reexports to Iran. Simultaneously, the rule expands the existing Russia/Belarus FDP rule to cover these same items, closing a gap where foreign-produced items derived from US technology could transit to Russia via Iran without triggering EAR licence requirements.

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) by adding seven Iranian entities to the Entity List effective 31 January 2023, for contributing to Russia's military and defense industrial base through the production and transfer of Iranian unmanned aerial vehicles (UAVs) used by Russia in Ukraine. The entities — including Shahed Aviation Industries, Qods Aviation Industry, and arms of the Islamic Revolutionary Guard Corps — are subject to a license requirement with a presumption of denial for all EAR-jurisdiction items. The rule applies the Russia/Belarus Military End User Foreign Direct Product (FDP) rule to all seven entities, extending its reach to foreign-produced items destined for or routed through these Iranian UAV producers.