Are U.S. companies prohibited under the EAR from doing business with specific entities that are not included on the Entity List?
U.S. persons should be aware of the obligations of § 744.6 of the EAR which describe the general prohibitions placed by BIS on U.S. person activities specific to involvement in nuclear, missile and/or chemical and biological weapons programs and include but are not limited to exports, reexports and transfers (in-country) of items for use in such programs. Additionally, BIS recommends that exporters, reexporters or persons transferring (in-country) items review the Denied Persons List (DPL), as well as other U.S. Government lists of sanctioned persons to ensure that your proposed transaction does not violate other requirements. In summary, exporters, reexporters or persons transferring (in-country) items should exercise due diligence to ensure that any dealing they have with a listed entity complies with all relevant policies and laws, including compliance with relevant licensing requirements for any listed entity. The U.S. Government’s lists of sanctioned persons, including the DPL, is
As set forth in the answer to question 28, both BIS and other agencies in the U.S. Government maintain other lists of entities for which there are restrictions on doing business. In addition, the provisions of part 744 of the EAR, including § 744.6 of the EAR, apply to transactions regardless of whether the entity in question is listed on the Entity List or not. Additionally, BIS recommends that exporters, reexporters, or persons transferring (in-country) items subject to the EAR review the U.S. Government’s list of proscribed persons to ensure that a proposed transaction does not violate other U. S. Government requirements.
