News

The Entity List


October 1, 1997

Entities of proliferation concern listed in
Supplement No. 4 to part 744 of the
Export Administration Regulations.

Background

Since February of this year, the Federal Register has published several Commerce Department rules which added entities to the Entity List, a listing of foreign end users involved in proliferation activities. The Entity List is based on the Enhanced Proliferation Control Initiative (EPCI), which has been implemented in the Export Administration Regulations. General Prohibition Five of the EAR prohibits exports to certain end-users or end-uses without a license. BXA maintains, in the form of Supplement 4 to the Part 744, an "Entity List" to provide notice informing the public of certain entities subject to such licensing requirements.

These end users have been determined to present an unacceptable risk of diversion to developing weapons of mass destruction or the missiles used to deliver those weapons. Publishing this list puts exporters on notice that any products sold to these end users may present concerns and will require a license from the Bureau of Export Administration. While this list will assist exporters in determining whether an entity poses proliferation concerns, it is not comprehensive. It does not relieve exporters of the responsibility to determine the nature and activities of their potential customers using BXA's Know Your Customer and Red Flags guidance.

Interagency groups involved in the export control process reviewed the activities of the published entities of concern and determined that exports to these entities would create an unacceptable risk of use in or diversion to prohibited proliferation-related activities. Publishing this entities list allows the U.S. government to identify for U.S. businesses some of the organizations and companies that may be involved in proliferation activities.

The development of a list of entities of concern arises from the EPCI initiative begun in 1990 to stem the spread of missile technology as well as nuclear, chemical and biological weapons. Under EPCI the Commerce Department can impose licensing requirements on exports and reexports of normally uncontrolled goods and technology where there is an unacceptable risk of use in or diversion to activities related to nuclear, chemical or biological weapons or missile proliferation, even if the end user is not primarily weapons-related.

The Bureau of Export Administration requires an export license for otherwise uncontrolled items subject to the Export Administration Regulations before allowing shipments to these end users because of risk use in or diversion to prohibited proliferation activities.

The Regulatory Background:

The Export Administration Regulations (EAR) provide that the Bureau of Export Administration may inform exporters, individually or through amendment to the EAR, that a license is required for exports or reexports to certain entities. The EAR contains a list of such entities, known as the entities list.

ENTITY LIST
(Supplement No. 4, Part 744)
(October 1, 1997)

This Supplement lists certain entities subject to license requirements for specified items under this part 744 of the EAR. This list of entities is revised and updated on a periodic basis in this Supplement by adding new or amended notifications and deleting notifications no longer in effect.

  • All-Russian Scientific Research Institute of Technical Physics,(aka VNIITF, Chelyabinsk-70, All-Russian Research Institute of Technical Physics, ARITP, Russian Federal Nuclear Center), the All-Union Scientific Research Institute of Experimental Physics, (aka VNIIEF, Arzamas-16, Russian Federal Nuclear Center, All Russian Research Institute of Experimental Physics, ARIEP, Khariton Institute) and any other entities, institutes, or centers associated with the Ministry for Atomic Power of Russia located in either Snezhinsk or Kremlev, Russia, for all items subject to the EAR

  • Bhaba Atomic Research Center (BARC),Trombay, India, for all items subject to the EAR

  • Ben Gurion University, Israel for computers between 2,000 and 7,000 Mtops

  • Bharat Electronics Limited (BEL) in Bangalore, India; and Bharat Electronics Limited (BEL) in Hyderabad, India; for all items subject to the EAR having a classification other than EAR99. In addition, exporters are reminded to follow "BXA's Know Your Customer Guidance and Red Flags", see Supplement No. 3 to part 732 of the EAR, with regard to the specific end-use of any item subject tothe EAR destined to any Bharat Electronics Limited located in India.

  • Chinese Academy of Engineering Physics (aka Ninth Academy, including the Southwest Institutes of: Applied Electronics, Chemical Materials, Electronic Engineering, Explosives and Chemical Engineering, Environmental Testing, Fluid Physics, General Designing and Assembly, Machining Technology, Materials, Nuclear Physics and Chemistry, Structural Mechanics; Research and Applications of Special Materials Factory; Southwest Computing Center (all of preceding located in or near Mianyang, Sichuan Province); Institute of Applied Physics and Computational Mathematics,Beijing; and High Power Laser Laboratory, Shanghai, People's Republic of China), for all items subject to the EAR

  • Indian Rare Earths, Ltd., India, for all items subject to the EAR

  • Indira Gandhi Center for Atomic Research, Khalpakham, India, for all items subject to the EAR

  • Khan Research Laboratory, Kahuta, Pakistan, for all items subject to the EAR

  • National Development Centre, Pakistan, for all items subject to the EAR

  • Nuclear Research Center at Negev, Dimona, Israel, for all items subject to the EAR

  • Pakistan Institute for Nuclear Science and Technology, Rawalpindi, Pakistan, (including New Labs Rawalpindi) for all items subject to the EAR

    For questions about the list contact Cheryl Suggs 202-482-3298