items that are located in the US, even temporarily; and
non-US-origin items that contain more than a de minimis level of controlled US-origin content (for non-embargoed countries, this is 25% US origin content by value).
The ban applies only to the named affiliates and does not extend automatically to subsidiaries of listed entities. At the same time, transfer of goods, software or technologies to affiliates of named entities risk violating the sanctions if there is reason to know that a named entity could receive or have access to the items.
Parties desiring to export prohibited items to entities on the Entity List may apply to BIS for a license.
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The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) has issued a final rule amending the Export Administration Regulations (“EAR”) to add 77 entities to the Entity List. This rule took effect on Friday, December 18, 2020 when BIS made a copy available for public inspection on the
Federal Register website.
As a result of these Entity List designations, the EAR will now require BIS licensing for any exports, reexports or in-country transfers of items “subject to the EAR” to these entities. The designated entities include 60 Chinese companies and additional entities from the countries of Bulgaria, France, Germany, Italy, Malta, Pakistan, Russia and the United Arab Emirates. The designated entities include (but are not limited to):