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BIS Makes EAR Changes to AES Requirements Regarding the Unverified List

The Commerce Department’s Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR), effective Jan. 21. The specific amendments are the following:

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  • requiring exporters to file an Automated Export System (AES) record for all exports subject to the EAR involving a party or parties to the transaction who are listed on the Unverified List (UVL)
  • suspending the availability of license exceptions for exports, reexports, and transfers (in-country) involving a party or parties to the transaction who are listed on the UVL
  • requiring exporters, reexporters, and transferors to obtain a UVL statement from a party or parties to the transaction who are listed on the UVL before proceeding with exports, reexports, and transfers (in-country) involving items subject to the EAR, but where the item does not require a license, i.e., No License Required
  • publishing the UVL in the EAR
  • adding to the EAR the procedures to request removal or modification of a UVL entry

The changes enhance the ability to verify the bona fides of parties to exports, reexports, or transfers (in-country) of items subject to the EAR and provide the U.S. government increased visibility into such exports, reexports, and transfers involving persons whose bona fides could not be verified, said BIS. International Trade Today will publish more on this final rule in a future edition.

(Federal Register 12/19/13)