Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 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.

On 18 October 2023 the Governor in Council registered Regulations Amending the Special Economic Measures (Iran) Regulations (SOR/2023-220) under the Special Economic Measures Act, citing Iran's proliferation- sensitive nuclear activities and weapons-of-mass-destruction-related programme as a grave breach of international peace and security. The amendment prohibits Canadians and Canadian entities from exporting, selling or supplying to Iran dual-use goods and technology, conventional arms (battle tanks, armoured combat vehicles, large-calibre artillery, combat aircraft, attack helicopters, warships), Missile Technology Control Regime-listed equipment, and technical data related to ballistic missiles and nuclear-weapon delivery systems; it also bars importing arms and related material from Iran. The same instrument adds 156 entities and 18 individuals to Canada's Iran sanctions list (asset freeze / dealings prohibition).

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.

Switzerland's Federal Council amended the Ordinance on measures related to the situation in Ukraine (SR 946.231.176.72) to align with the EU's ninth sanctions package, effective 6pm on 25 January 2023. The amendment bans new Swiss investment, equity provision, and participation (including joint ventures) in Russian mining-sector entities, with a carve-out for critical raw materials (aluminium/bauxite, chromium, cobalt, copper, iron ore, mineral fertilisers, molybdenum, nickel, palladium, rhodium, scandium, titanium, vanadium). It also extends export bans on aerospace goods to aircraft and drone engines, adds new controls on dual-use and military/security-enhancement goods, bans product testing/advertising/market-research services to Russia, and designates roughly 200 additional individuals and entities, including the Russian Regional Development Bank, to frozen-asset lists.