In-Country Transfers of Items Subject to EAR Require Licenses

On September 8, 2009, the Department of Commerce's Bureau of Industry and Security (BIS) published a final rule in the Federal Register amending three sections of 15 C.F.R. Part 744 of the Export Administration Regulations (EAR) used by the U.S. Government as the regulatory basis for placing persons on the Entity List. 

Effective immediately, the new rule specifies that licenses are required for in-country transfers of any items subject to the EAR as they pertain to Certain Entities in Russia (§744.10), Entities Acting Contrary to the National Security or Foreign Policy Interests of the U.S. (§744.11), and Certain Sanctioned Entities (§744.20). 

Prior to this amendment, the three sections specified that licenses are required for exports and re-exports to persons listed on the Entity List however, they were silent regarding licenses pertaining to in-country transfers of items subject to the EAR. 

As a result of this amendment, all end-use and end-user controls that are used as a regulatory basis for placing persons on the Entity List (15 C.F.R. §§ 744.2-744.4, 744.10-744.11, and 744.20) now include in-country transfers in addition to exports and re-exports.