Where Industry and Security Intersect
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| The Entity list, in PDF or ASCII text format, is available on the Government Printing Office EAR Web site. While the files sizes may vary over time, the PDF file can be as large as 300K and the TXT file is about 70K. |
The Export Administration Regulations (EAR) contain an Entity List that imposes license requirements for transactions involving certain "listed" entities. The Entity List is in Supplement No. 4 to Part 744 to the EAR (15 C.F.R. Part 744, Supp. No. 4).
The Entity List specifies the license requirements that it imposes on each listed entity. Those license requirements are independent of and in addition to any license requirements imposed elsewhere in the EAR. For example if you want to export or reexport an EAR99 item to a listed entity and the license requirements for that entity as specified in the "License Requirement" column of the Entity List state "all items that are subject to the EAR", you would have to obtain a license before exporting or reexporting the item.. You would have to obtain this license even if EAR99 items could otherwise be sent to the country of destination without a license and the end use would not trigger another license requirement under part 744 of the EAR. Similarly, if you are sending an item to a party who is not listed and some other provision of the EAR such as the Commerce Control List, the end use requirements in part 744, or the embargo and special destination requirements in part 746 impose a license requirement, you would have to apply for a license.
BIS evaluates license applications to any listed entity according to the policy stated in the "License Review Policy" column for that entity. If there is more than one license requirement for a particular transaction, you would submit only one license application, but BIS would evaluate it according to the licensing policies of all applicable license requirements. If any applicable policy required denial, BIS would deny the application, even if the others provided for approval. For example, if your planned transaction requires a license because the Commerce Control List and Country Chart impose a license requirement for that combination of item and destination and your proposed consignee is on the Entity List , BIS will evaluate your application based on the Commerce Control List licensing policy in Part 742 of the EAR and the policy for the consignee stated on the Entity List . If either policy required denial, your application would be denied.
Section 744.1(c) of the EAR prohibits use of License Exceptions for almost all exports and reexports to listed entities. If the citation "§744.20 of the EAR", appears in the "Entity" column of the list for particular entity, the License Requirement column for that entity will indicate whether or not any license exceptions are available for exports or reexports to that entity. For entities where the citation "§744.20 of the EAR" does not appear in the "Entity" column, the License Exceptions listed in §740.2(a)(5) of the EAR are permitted only if the item is destined to a listed entity in India or Pakistan and intended to ensure safety of civil aviation and safe operation of commercial passenger aircraft. No other License Exceptions are available for exports or reexports to listed entities.
The Entity List was established in February 1997 to inform the public of entities whose activities imposed a risk of diverting exported and reexported items into programs related to weapons of mass destruction. Since then, the grounds for listing an entity on Entity List have expanded to include entities sanctioned by the State Department for which United States foreign policy goals are served by imposing additional license requirements on exports and reexports to those entities.
This page was last updated on May 3, 2005.