Industrial Policy & Trade Monitor· 2666 actions· ✨ 90 recent

The Bureau of Industry and Security added 57 entities under 57 entries to the Entity List, effective September 30, 2022, in direct response to Russia's ongoing invasion of Ukraine and its illegal annexation of Ukrainian regions. Of the 57 entities, 56 are listed under Russia and one (Subsidiary Sevastopol Naval Plant of Zvezdochka Shipyard) under the Crimea Region of Ukraine. The additions span aviation repair and overhaul facilities, aerospace R&D institutes, naval propulsion, ballistic-missile producers, advanced-materials and quantum science institutes, and the federal metrology agency; 50 of the 57 receive footnote 3 designations as Russian military end users, subjecting them to the Russia/Belarus-Military End User Foreign Direct Product Rule. All are added with a license review policy of denial for all EAR-subject items except food and medicine designated EAR99.

The Bureau of Industry and Security (BIS) amended the Commerce Control List (CCL) under the Export Administration Regulations (EAR) to implement four emerging and foundational technology decisions agreed at the December 2021 Wassenaar Arrangement Plenary meeting, pursuant to ECRA Section 1758. The rule adds new export controls on ultra-wide bandgap semiconductor substrates (gallium oxide Ga₂O₃ and diamond), ECAD software for Gate-All- Around Field-Effect Transistor (GAAFET) integrated circuit development, and Pressure Gain Combustion (PGC) technology for advanced gas turbine engines. Controls require a licence for items destined to countries listed in the NS:1 and AT:1 columns of the Commerce Country Chart; ECAD software controls (ECCN 3D006) have a delayed compliance date of October 14, 2022.

Canada amended the Special Economic Measures (Belarus) Regulations via SOR/2022-167, registered and in force 25 June 2022, adding four new schedules targeting Belarus over its support for Russia's invasion of Ukraine. Schedule 3 bans export of advanced technologies (quantum computers, advanced manufacturing and cryogenic equipment); Schedule 4 bans export of luxury goods (Part 1) and import of luxury goods from Belarus (Part 2); Schedule 5 bans export of goods usable in weapons manufacturing, including raw materials such as tungsten, aluminium and titanium, engines, industrial machinery, vehicles, aircraft and maritime vessels. The same instrument added 13 Belarusian officials and 2 state entities to the asset-freeze list.

Canada amended the Special Economic Measures (Russia) Regulations via SOR/2022-102, registered 18 May 2022, adding Schedule 6 (luxury goods) and Schedule 7 (goods usable in weapons production/manufacturing) to the list of items prohibited for export to, and in Schedule 6's case also import from, Russia. Both schedules took effect 60 days after registration (17 July 2022). Schedule 6 covers luxury alcohol, tobacco, textiles, footwear, clothing, jewellery, kitchenware, art, and some machinery; Schedule 7 covers raw materials (including tungsten and aluminium), pumps, vehicle parts, construction equipment, watercraft, and medical/dental/surgical equipment. The regulation also added 14 individuals to the Schedule 1 asset-freeze list.

SARS amended South Africa's Prohibited and Restricted Imports and Exports list on 2022-03-23 to add both import and export licensing requirements — administered with the Department of Mineral Resources and Energy — covering uranium ores and concentrates (HS 2612.10), molybdenum ores and concentrates (HS 2613.10), depleted-uranium transport containers and isotope projectors (HS 2844.10/20/30/40, 9022.19), nuclear-grade graphite, graphite blocks and graphite electrodes (HS 8545.11/19). Both directions of trade in these items now require a permit rather than moving freely across South African borders.

The U.S. Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) by adding seven entities under seven entries to the Entity List, effective February 14, 2022, on nuclear nonproliferation and national security grounds. Five Pakistani engineering and chemical companies, one Chinese metal-powder manufacturer (Jiangsu Tianyuan Metal Powder Co. Ltd.), and one UAE-based trading company (Odyssey General Trading FZC) were determined to be acting contrary to US foreign policy or national security interests. All seven entries impose a license requirement covering all EAR-jurisdiction items, with no license exceptions available; the license review policy is presumption of denial for the Chinese entity and per 15 CFR § 744.2(d) for the Pakistani and UAE entities.