Export.gov Has Consolidated "Restricted" Parties Export Screening File to Download
At the December 9, 2010 meeting of the President’s Export Council, President Obama announced, among other things, the deployment of the Administration’s export control reform page on the Export.gov Web site (www.export.gov). Newly posted to the Web site is a downloadable file that consolidates export screening lists of the Departments of Commerce, State and the Treasury into one spreadsheet as an aide to industry in conducting electronic screens of potential parties to regulated transactions.
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(According to the White House, until today, exporters had to check different lists published in different formats maintained by different departments, or read the Federal Register every day for names that are not published on any list, to ensure they are not exporting to someone who is sanctioned or otherwise requires special scrutiny before receiving U.S. origin goods.)
Lists Consolidated into One Spreadsheet are Available for Downloading
The export.gov Web site contains a link to a downloadable file that consolidates export screening lists of the Departments of Commerce, State and the Treasury into one spreadsheet as an aide to industry in conducting electronic screens of potential parties to regulated transactions. In the event that a company, entity or person on the list appears to match a party potentially involved in an export transaction, additional due diligence should be conducted before proceeding. There may be a strict export prohibition, requirement for seeking a license application, evaluation of the end-use or user to ensure it does not result in an activity prohibited by any U.S. export regulations, or other restriction.
Requirements of Specific Lists Should be Consulted if Party to Transaction is Listed
If a party to an exporter’s transaction matches a party name on the consolidated list, the user must check the official publication of restricted parties in the Federal Register or the official lists of restricted parties maintained on the web sites of the Departments of Commerce, State and the Treasury to ensure full compliance with all of the terms and conditions of the restrictions placed on the parties on this list.
Web Site also Includes Links to Individual Agency Lists
The export.gov Web site contains links that connect to the specific webpage where additional information about how to use each specific list is contained. These links are also embedded into the file for each listed entity to direct the public to the proper website for information about how to resolve the issue. Links are provide for the following “restricted” party lists:
Department of Commerce -- Bureau of Industry and Security
Denied Persons List - Individuals and entities that have been denied export privileges. Any dealings with a party on this list that would violate the terms of its denial order are prohibited.
Unverified List - End-users who BIS has been unable to verify in prior transactions. The presence of a party on this list in a transaction is a “Red Flag” that should be resolved before proceeding with the transaction.
Entity List - Parties whose presence in a transaction can trigger a license requirement supplemental to those elsewhere in the Export Administration Regulations (EAR). The list specifies the license requirements and policy that apply to each listed party.
Department of State -- Bureau of International Security and Non-proliferation
Nonproliferation Sanctions - Parties that have been sanctioned under various statutes. The linked webpage is updated as appropriate, but the Federal Register is the only official and complete listing of nonproliferation sanctions determinations.
Department of State -- Directorate of Defense Trade Controls
AECA Debarred List -- Entities and individuals prohibited from participating directly or indirectly in the export of defense articles, including technical data and defense services. Pursuant to the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR), the AECA Debarred List includes persons convicted in court of violating or conspiring to violate the AECA and subject to “statutory debarment” or persons established to have violated the AECA in an administrative proceeding and subject to “administrative debarment.”
Department of the Treasury -- Office of Foreign Assets Control
Specially Designated Nationals List -- Parties who may be prohibited from export transactions based on OFAC’s regulations. The EAR require a license for exports or reexports to any party in any entry on this list that contains any of the suffixes "SDGT", "SDT", "FTO", "IRAQ2" or "NPWMD".
(See ITT’s Online Archives or 12/03/10 news, 10120312, for BP summary on Administration’s plans to soon debut its consolidated screening list.)
White House press release available here.