Eintrag auf der US Entity List gelöscht

Die Entity List der USA ist als Anhang 4 zu § 744 EAR enthalten und beinhaltet juristische und natürliche Personen bei denen aus Sicht der USA empfängerbezogene Genehmigungspflichten bei Exporten und Re-Exporten (z.B. bei Re-Exporten von US-Gütern aus Deutschland, Österreich und der Schweiz) bestehen.

The Export Administration Regulations (EAR) contain a list of names of certain foreign persons – including businesses, research institutions, government and private organizations, individuals, and other types of legal persons – that are subject to specific license requirements for the export, reexport and/or transfer (in-country) of specified items. These persons comprise the Entity List, which is found in Supplement No. 4 to Part 744 of the EAR. On an individual basis, the persons on the Entity List are subject to licensing requirements and policies supplemental to those found elsewhere in the EAR.

 

This rule amends the Export

Administration Regulations (EAR) by

removing one person from the Entity

List (Supplement No. 4 to Part 744).

This person is being removed from the

Entity List because the End-User Review

Committee (ERC) decided to approve

this person’s request for removal from

the Entity List. The Entity List provides

notice to the public that certain exports,

reexports, and transfers (in-country) to

parties identified on the Entity List

require a license from the Bureau of

Industry and Security (BIS) and that

availability of License Exceptions in

such transactions is limited.

 

The Entity List provides notice to the

public that certain exports, reexports,

and transfers (in-country) to parties

identified on the Entity List require a

license from the Bureau of Industry and

Security (BIS) and that availability of

license exceptions in such transactions

is limited. Persons are placed on the

Entity List on the basis of certain

sections of part 744 (Control Policy:

End-User and End-Use Based) of the

EAR. BIS first published the Entity List

in February 1997 as part of its efforts to

inform the public of entities that have

engaged in activities that could result in

an increased risk of diversion of

exported and reexported items to

weapons of mass destruction (WMD)

programs. Since its initial publication,

grounds for identification on the Entity

List have expanded to include activities

sanctioned by the Department of State

and activities contrary to U.S. national

security and/or foreign policy interests.

 

Removal From the Entity List

One person is being removed under

this rule as a result of the submission of

a formal request for removal based upon

the procedures outlined in § 744.16 of

the EAR. This entity is located in the

United Arab Emirates:

 

United Arab Emirates

(1) Neda Kargar, No. 308, 3rd Floor,

Rafi Center, Al Nakheel, Deira, Dubai,

U.A.E.

 

The removal of Neda Kargar from the

Entity List (from the U.A.E., as

described above) eliminates the existing

license requirement in Supplement No.

4 to part 744 for exports, reexports and

transfers (in-country) to this person.

However, the removal of Neda Kargar

from the Entity List does not relieve

persons of other obligations under part

744 of the EAR or under other parts of

the EAR. Neither the removal of a

person from the Entity List nor the

removal of Entity List-based license

requirements relieves persons of their

obligations under General Prohibition 5

in § 736.2(b)(5) of the EAR which

provides that, ‘‘you may not, without a

license, knowingly export or reexport

any item subject to the EAR to an enduser

or end-use that is prohibited by

part 744 of the EAR.’’ Nor do such

removals relieve persons of their

obligation to apply for export, reexport

or in-country transfer licenses required

by other provisions of the EAR. BIS

strongly urges the use of Supplement

No. 3 to part 732 of the EAR, ‘‘BIS’s

‘Know Your Customer’ Guidance and

Red Flags,’’ when persons are involved

in transactions that are subject to the

EAR.

 

Quelle: 68146 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Rules and Regulations