Update: October 9, 2020 - Today BIS posted a final rule in the Federal Register listing out some changes to their UVL list. 40 persons have been removed from the UVL on the basis that BIS was able to verify their bona fides (i.e., legitimacy and reliability relating to the end-use and end-user of items subject to the EAR) on the basis of a successful end-use check or because the companies are no longer registered to do business in the country of listing and are no longer involved in U.S. exports. In addition to the removal of 30 persons, they have added 26 new persons to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government’s control.
When it comes to managing your international shipments, it is imperative that you have full transparency surrounding all parties involved with the transaction. At BDP, it is a regulatory compliance requirement that all parties involved with our orders need to be “screened” against the lists provided by the US government. Some lists are direct “red” lights, for which all orders must be stopped; while some lists are “yellow”, indicating to proceed with caution.
When you encounter a “yellow” list, it is important to take certain steps that are required under US regulations. Following this guide will help to ensure due diligence with party management to move the order properly and efficiently.
So, what is the Unverified List(UVL)?
The UVL lists names of companies that the Bureau of Industry Security (BIS) could not verify as bona fide because an end-user check could not be completed to a satisfactory level. Usually, this is due to reasons outside of the US Government’s control.
Parties listed on the UVL are ineligible to receive items subject to the Export Administration Regulations (EAR) by means of a license exception.
In addition, exporters must file an Automated Export System record for all exports to parties listed on the UVL, and obtain a statement from such parties prior to exporting, re-exporting, or transferring to such parties any item subject to the EAR which is not subject to a license requirement. Restrictions on exports, re-exports, and transfers (in-country) to persons listed on the UVL are set forth in Section 744.15 of the EAR. The Unverified List is set forth in Supplement No. 6 to Part 744 of the EAR.
So, what are the steps to properly manage these exports?
- Screen all parties for all transactions against the “Restricted Parties List”
- Evaluate and investigate the potential transaction to determine whether the customer will proceed with the transaction. In some cases, the customer may decide to refuse the business.
- License Exceptions are NOT available. If the commodity is eligible for a license exception to the country where the UVL is located, you cannot use the license exception, you would have to apply for a validated license.
- UVL statement is a MUST. Before exporting, re-exporting, or transferring any product or technology to a UVL, you must acquire the statement from the UVL with the following information:
(i) Name of UVL party; complete physical address, to include shipping, corporate, and end user addresses, if different (simply listing a post office box is insufficient); telephone number; fax number; email address; website (if available); and name and title of individual signing the UVL statement.
(ii) Agrees not to use the item(s) for any use prohibited by the United States Export Administration Regulations (EAR), 15 CFR Parts 730-772, and agrees not to re-export or transfer (in-country) the item(s) to any destination, use or user prohibited by the EAR.
(iii) Declares that the end use, end user, and country of ultimate destination of the item(s) subject to the EAR are as follows: [INSERT END USE, END USER, AND COUNTRY OF ULTIMATE DESTINATION].
(iv) Agrees to cooperate with end-use checks, including a Post-Shipment Verification, conducted by or on behalf of the Bureau of Industry and Security, U.S. Department of Commerce, for any item subject to the EAR in transactions to which they were a party in the last five years. This cooperation includes facilitating the timely conduct of the check and providing full and accurate information concerning the disposition of items subject to the EAR.
(v) Agrees to provide copies of this document and all other export, re-export or transfer (in-country) records required to be retained in part 762 of the EAR.
(vi) Certifies that the individual signing the UVL statement has sufficient authority to legally bind the party
(excerpted from https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/unverified-list)
- AES filing is mandatory. Requiring exporters to file an Automated Export System (AES) record for all exports subject to the EAR involving a party to the transaction who is listed on the UV, regardless of value, (meaning the $2500.00 per classification number does not apply)
- See something, say something! If the transaction appears to be suspicious, consider notifying the local Office of Export Enforcement (OEE) in order to partner with the agency.
In order to avoid any potential risk or license violations, it is imperative to know what parties are involved with your customers' shipments. Should you have any questions or concerns, please reach out to me directly.