28 June 2019
Export Restrictions Lifted on Eight Mainland Chinese Entities
Effective 27 June, the U.S. Department of Commerce’s Bureau of Industry and Security has removed the following eight persons in mainland China from the Unverified List because an end-use check verified their bona fides: Beijing Bayi Space LCD Materials Technology Co. Ltd., Hubei Flying Optical, Sunder Tools (Changxing) Technology, Wuhan Yifi Laser Equipment Co., Wuxi Hengling Technology Co. Ltd., Xiaman Sanan Optoelectronics, Zhejiang Xizi Aviation and Zolix Instruments Co. Additionally, the name of one person in mainland China has been corrected from Beijing Institute of Nanoenergy and Technology to Beijing Institute of Nanoenergy and Nanosystems.
This rule lifts the suspension of licence exceptions for exports, re-exports and transfers (in-country) involving these persons and eliminates the requirement for exporters, re-exporters and transferors of goods subject to the Export Administration Regulations but not requiring a licence to these persons to obtain (and keep a record of) a UVL statement from them before proceeding with the transaction.
The UVL contains the names and addresses of foreign persons who are or have been parties to a transaction involving the export, re-export or transfer (in-country) of items subject to the EAR whose bona fides (i.e., legitimacy and reliability relating to the end-use and end-user of items subject to the EAR) BIS has been unable to verify through an end-use check; e.g., the check could not be completed satisfactorily for reasons outside the U.S. government’s control, or during a check a recipient of items subject to the EAR was unable to produce them for visual inspection or provide sufficient documentation or other evidence to confirm their disposition. BIS may place persons on the UVL when there is insufficient evidence to place them on the Entity List. As of 27 June, the UVL included 41 entities in mainland China as well as 64 entities in Hong Kong.
Any person listed on the UVL may request that its listing be amended or removed, in accordance with the provisions of Section 744.15(d) of the Export Administration Regulations. All such requests, including reasons therefor and information that verifies the bona fides, must be sent in writing to BIS’s Office of Enforcement Analysis. The Deputy Assistant Secretary for Export Enforcement will review such requests and convey the decision on the request to the requester in writing based on an assessment of the listed person’s bona fides as a party to exports, re-exports and transfers (in-country) subject to the EAR. That decision will be the final agency action on the request.