Alerts and Updates

Revisions to the Export Administration Regulations (EAR) May Impact Exporters

December 23, 2013

Notwithstanding the administration's efforts to simplify the export process, while protecting United States national security and foreign policy objectives, the burden on U.S. exporters seems to continue to increase.

Notwithstanding the administration's efforts to simplify the export process, while protecting United States national security and foreign policy objectives, the burden on U.S. exporters seems to continue to increase. On Thursday, December 19, 2013, the Bureau of Industry and Security (BIS) published revisions to its regulations effective January 21, 2014, that will require exporters to file an Automatic Export System (AES) record for all exports subject to the EAR that involve a party or parties to the transaction who are listed on the Unverified List (UVL), one of the many lists that exporters must check with respect to export transactions, re-export transactions and in-country transfers.

The revisions to the EAR also require exporters, re-exporters and in-country transfers, involving a party or parties to the transaction that are identified on the UVL, to obtain a UVL statement from those listed parties before proceeding with the transaction involving items that are subject to the EAR, notwithstanding the fact that the item(s) does not require an export license.

The regulations call for BIS to publish the UVL in the EAR and specifically adding to the EAR the procedures to be followed in requesting removal or modification of a UVL designation. The amended regulations can be found in the Federal Register, Volume 78, Number 244 (Thursday, December 19, 2013, pages 766741-766748).

For Further Information

If you would like further information about this Alert, please contact Brian S. Goldstein, any member of the International Practice Group or the attorney in the firm with whom you are regularly in contact.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.