Yes; this process was articulated in BIS’s August 2008 revision of the EAR titled “Authorization to Impose License Requirements for Exports or Reexports to Entities Acting Contrary to the National Security or Foreign Policy Interests of the United States.” As a result of the August 2008 rule, §744.16 of the EAR defines the procedures that allow a person listed on the Entity List to submit a written request to the End-User Review Committee (ERC) that its entry be removed or modified. The request must be made in English and the party must provide a basis for the removal or modification.

No, not all sections of Part 744 of the EAR (which defines the criteria for possible inclusion on the Entity List) require that a person’s alleged activity involve items subject to the EAR. Section 744.11, for example, requires that the person’s activities be contrary to U.S. national security and/or foreign policy interests but does not require that the activities involve items subject to the EAR.

Persons on the Entity List are subject to the licensing policy and requirements defined in their specific entries on the Entity List regardless of their location. BIS works to revise and correct the entries on the Entity List on a regular basis, in order to ensure that each entry reflects the most accurate and recent information for the person named in that entry.

As this is a "red flag", BIS recommends that detailed due diligence be undertaken. You should conduct due diligence by examining other factors to determine if the company you want to export to is the same as the listed entity. Such factors may include, but are not limited to, the company’s name, address, corporate officers, business activities, contact information, etc. You may be able to locate this information via the company’s website or through internet search results.

This is a "red flag" and the exporter must undertake sufficient due diligence to verify that the company co-located with the listed entity is not, in fact, the listed entity and does not intend to transfer (in-country) the requested items to the listed entity.

Yes. However, BIS considers that transactions of any nature with listed entities carry a "red flag" and recommends that U.S. companies proceed with caution with respect to such transactions. Note that the Entity List describes license requirements and policies for the export, reexport, and/or transfer (in-country) of items subject to the EAR only.

BIS first published the Entity List in February 1997 as part of its efforts to inform the public of entities that have engaged in activities that could result in an increased risk of the diversion of exported, reexported or transferred (in-country) items to weapons of mass destruction (WMD) programs. Since its initial publication, grounds for inclusion on the Entity List have expanded to activities sanctioned by the State Department and activities contrary to U.S. national security and/or foreign policy interests.

Section 744.1(c) of the EAR generally prohibits the use of license exceptions for almost all exports and reexports to listed entities. However, if one or more license exceptions are available to a listed entity, the availability will be noted in the licensing requirements information specific to that entity.

BIS reviews license applications that include listed entities according to the entity’s role in the proposed transaction and the specific license review policy(ies) set forth for the entity(ies) on the Entity List. Note that while transactions outside of the scope of the license review policy for a listed entity are not prohibited, BIS considers that such transactions carry a "red flag."

The removal of an entity from the Entity List removes only the additional license requirements imposed by its listing on the Entity List and does not modify the other license requirements that may be applicable under the EAR (i.e., as a result of an item’s classification on the CCL or the proposed country of destination for the export, reexport, or transfer (in-country)).