How exactly does an entity find itself on this list? The Entity List identifies foreign parties - including individuals, businesses, institutions, or government organizations - that the US government believes to be engaging in activities contrary to national security and foreign policy*. Once added to the Entity List, these foreign parties are prohibited from receiving items subject to the Export Administration Regulations (EAR), unless the exporter secures a license.
As an exporter, it is your responsibility to perform due diligence and screen your orders for all listed parties. So what are some signals you should look out for?
Similar to driving on the road, the screening process uses Red, Green and Yellow “lights” to signal how you should respond. A “green light,” means there were no matches between the entity list and parties involved in the transaction, and you can proceed with the order. A “red light” means there is an exact match to the Entity List. In this case, you should stop the order until an export license is acquired to proceed.
But if you see a “yellow light”, do you hit the brakes and stop the order in its tracks? Or do you merely proceed with caution?
Over the years, many shippers have turned to automation to simplify the screening process. While automation is very useful, it cannot always give you the full picture. It is important to keep an eye out for these different indicators and perform your due diligence when red (or yellow) flags come up. Should you have any questions or concerns, please feel free to reach out to me directly.