BIS Amends Entity List for Certain Entities in Hong Kong, Egypt, and Israel
The Bureau of Industry and Security has issued a final rule, effective May 28, 2010, which amends the Entity List1 to remove and amend certain information for entities in Hong Kong, Egypt, and Israel, pursuant to the End-User Review Committee 2009 annual review.
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(The changes from the annual review will be implemented in two rules. This first rule implements the results of the review for eleven destinations, of which three are being amended. The second rule will implement the results of the annual review for entities listed under the remaining seven destinations that were included the review.)
Removal of HK Entity, Amendment of Egypt and Israel Entities
BIS’ final rule implements the following changes to three entities on the Entity List:
Removal of Hong Kong entity. The rule removes Speedy Electronics, Ltd. in Hong Kong from the Entity List, which eliminates the existing license requirement for exports, reexports and transfers (in-country) to this entity.
(BIS notes that the removal of Speedy Electronics Ltd. from the Entity List does not relieve persons of other obligations under 15 CFR Part 744 or other parts of the Export Administration Regulations.)
Amended Egypt entity address. The rule amends one Egyptian entry currently on the Entity List by adding an additional address for the entity listed, as follows:
H Logic, Behind 14 Mahmoud Sedky St., El Ekbal, Alexandria, Egypt; and 11 Abd El-Hamid Shoman St., Nasser City, Cairo.
Amended Israel entity license req. The final rule also amends one Israeli entry currently on the Entity List, Ben Gurion University, by revising the license requirement for the entity listed that was based on a section of the EAR that was removed in April 2006 (i.e., 15 CFR 742.12 (High Performance Computers)).
This license requirement is therefore revised to state that a BIS license is required for the export, reexport or transfer (in-country) of any computers subject to the EAR above the Tier 3 level described in 15 CFR 740.7(d) (License APP (Computers)) to Ben Gurion University, including any transaction in which this listed entity will act as purchaser, intermediate consignee, ultimate consignee, or end-user of the items.
Savings Clause
Shipments of items removed from eligibility for a License Exception or export or reexport without a license (NLR) as a result of this regulatory action that were on dock for loading, on lighter, laden aboard an exporting or reexporting carrier, or en route aboard a carrier to a port of export or reexport, on May 28, 2010, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export or reexport without a license (NLR) so long as they are exported or reexported before June 28, 2010. Any such items not actually exported or reexported before midnight, on June 28, 2010, require a license in accordance with this rule.
1The Entity List (Supplement No. 4 to 15 CFR Part 744) provides notice to the public that certain exports, reexports, and transfers (in-country) to entities identified on the list require a BIS license and that availability of license exceptions in such transactions is limited.
BIS contact -- Susan Kramer (202) 482-0117