Where Industry and Security Intersect
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The Commerce Department's Bureau of Industry and Security (BIS) today published a notice advising U.S. exporters of the identities of eleven foreign companies for which the United States has been unable to conduct requested pre-license checks or post-shipment verifications.
Such verifications are a common condition on many licenses issued for exports of highly sensitive goods or technology controlled by BIS. Last year, Commerce Department agents performed more than 1,000 end use checks in 86 countries.
"End use visits are a normal part of U.S. high-technology trade and are conducted regularly with our trading partners. The inability to conduct such a visit with respect to a licensed U.S. export naturally raises concerns regarding the ultimate end user of that export," said Kenneth I. Juster, Commerce Under Secretary for Industry and Security. "The notice we are publishing today is designed to share with exporters information in our possession about such end-users, thereby helping exporters meet their obligations under our regulations."
The list initially contains nine entities located in the People's Republic of China, one entity located in Malaysia, and one entity located in the United Arab Emirates. Other entities may be added in the future.
In accordance with BIS's long-standing "Red Flag" guidance, the notice advises U.S. exporters to perform enhanced due diligence before exporting any items to the listed entities. The notice does not impose a new licensing requirement for exports to these entities. Exporters are required to seek a license only if, upon completion of their due diligence, they believe that the transaction involves a proliferation activity or is in violation of the Export Administration Regulations.
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