The Bureau of Industry and Security ("BIS") of the U.S. Department of Commerce maintains separate lists for the purposes of the programs that it administers (including the Denied Persons List and the Entity List). Please visit the links below for more information about each list. Information on "Standard" denials. The OFAC SDN List is a list of over 6,000 persons and entities that have been blocked pursuant to any number of U.S. economic sanctions programs. A list of the Recent Changes to the DPL that have occurred within the last 90 days and. In a similar vein, BIS is taking action “to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine.” OFAC announced the following additions to the SDN List: Human Rights Abuse (Magnitsky Act) Narcotics Trafficking. OFAC administers a number of different sanctions programs. The Only Comprehensive Resource on U.S. Economic Sanctions. The Military End User List (Supplement No. Each order affecting export privileges is published in the Federal Register. For example, the BIS Entity List imposes upon foreign persons license requirements supplemental to those found elsewhere in the Export Administration Regulations (EAR). The Department of Commerce's Bureau of Industry and Security (BIS) announced the impending addition of the People’s Republic of China’s Ministry of Public Security’s Institute of Forensic Science and eight Chinese companies to the Entity List, which will result in these parties facing new restrictions on access to U.S. technology. Where is OFAC's country list? Despite BIS’s important role, many compliance professionals are not even aware of what the EAR stands for, let alone what it prohibits. The BIS Denied Persons List differs even from the Entity List because it can target both U.S. and foreign persons, and imposes strict licensing requirements which typically come with a presumption of denial. As part of its enforcement efforts, OFAC publishes a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. On October 14, 2016, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce’s Bureau of Industry and Security (BIS) announced further amendments to ease U.S. sanctions and export control restrictions applicable to Cuba. Unverified List - End-users who BIS has been unable to verify in prior transactions. Cyber-related Crimes. With over 12 years of experience in national security law, exports control, and U.S. economic sanctions, he counsels across industry sectors representing parties in a wide range of matters from ensuring compliance to defending against federal prosecutions and pursuing federal appeals. The following should offer some insight into the differences between these lists and why you need to know about all of them if you are planning to import or export internationally. The Office of Foreign Assets Control (OFAC) is a department of the U.S. Treasury that administers and enforces economic and trade sanctions. United States Department of the Treasury’s Office of Foreign Assets Control. Any questions regarding the OFAC Russian sanctions program should be directed to OFAC. BIS places entities on the Entity List based on certain sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR. Conviasa: Is OFAC Closing the Cabin Door? The Denied Persons List consists of individuals and companies that have been denied export and re-export privileges by BIS. On July 9, 2020, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced in a press release its decision to add the Xinjiang Public Security Bureau (XPSB) and four Chinese government officials to the list of Specially Designated Nationals and Blocked Persons (SDN List). The license requirements, license exceptions, and licensing policy vary … OFAC-CSL: Consolidated Sanctions List (Department of the Treasury – Office of Foreign Assets Controls (OFAC)) including: ... Bureau of Industry and Security (BIS)) LADP: List of Administratively Debarred Parties (Department of State – Directorate of Defence Trade Controls (DDTC)) Consolidated Sanctions List Data Files Last Updated: 12/14/2020 In order to make it easier to comply with OFAC's sanctions regulations, the office is now offering all of its non-SDN sanctions lists in a consolidated set of data files "the Consolidated Sanctions List". This list is updated frequently and also includes individuals, entities, vessels, and banks all over the world owned, controlled by, or acting on behalf of targeted governments or groups. The impact of being on the Entity List can be devastating. BIS Imposes Administrative Penalties for Submission of False or Misleading Export Information Involving Russia. The presence of a party on this list in a transaction is a “Red Flag” that should be resolved before proceeding with the transaction. • BIS and Treasury’s Office of Foreign Assets Control (OFAC) share jurisdiction: – BIS licenses exports & reexports of items subject to the EAR – Treasury (OFAC) licenses travel, financial activities, services for U.S. persons – Consult with OFAC for guidance Many of the sanctions are based on United Nations and other international mandates, are multilateral in scope, and involve close cooperation with allied governments. The Entity List consists of foreign end users who pose an unacceptable risk of diverting U.S. exports and the technology they contain to alternate destinations for the development of weapons of mass destruction. BIS has broad jurisdiction over U.S. origin items. In separate, but related, December actions, the Department of Commerce’s Bureau of Industry and Security (BIS) and the Department of the Treasury’s Office of Foreign Assets Control (OFAC) published new sanctions lists largely aimed at companies tied to the Chinese military. OFAC acts under Presidential wartime and national emergency powers, as well as authority granted by specific legislation, to impose controls on transactions and freeze foreign assets under U.S. jurisdiction.. Below is a list of links to the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons list, the Bureau of Industry and Security's Denied Parties List, the Entry List and the Office of Defense Trade Controls' Debarred Persons Lists.Each agency is responsible for maintaining and updating their respective lists. For additional information BIS provides the following links: Executive Orders related to Russian sanctions According to OFAC, Amazon violated U.S. regulations by conducting retail e-commerce transactions with persons in sanctioned territories, persons on OFAC’s List of Specially Designated Nationals (SDNs), and sanctioned country embassies around the world. OFAC & BIS. While those processes differ, there at least is a way to be removed from these lists if one was so inclined and willing to undergo the process. The Fine Print: Export Privileges are denied by written order of the Department of Commerce. Specially Designated Nationals Lists - OFAC publishes a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. In addition to its list of Specially Designated Nationals and Blocked Persons, OFAC maintains other sanctions lists. Search OFAC's Sanctions Lists Including the SDN List Search OFAC's Sanctions Lists Information About OFAC's Sanctions List Search Tools U.S. REGULATORY OVERSIGHT OVER TRADE AND TRAVEL WITH CUBA BY THE DEPARTMENT OF TREASURY OFFICE OF FOREIGN ASSET CONTROL (OFAC) AND DEPARTMENT OF COMMERCE , BUREAU OF INVESTATIVE SERVICES (BIS) Trade and travel with or involving Cuba, by individuals, or transactions with a U.S. “Exus”, are regulated by many U.S. Laws. U.S. As the Founder and Principal of Ferrari & Associates, P.C., Mr. Ferrari represents U.S. and foreign corporations, financial institutions, exporters, insurers, as well as private individuals in trade compliance, regulatory licensing matters, and federal investigations and prosecutions. While a BIS list, the naming of parties to the Entity List, the modification of their entries, and their removal is the responsibility of the End-User Removal Committee (ERC), an inter-agency group with representatives from various U.S. departments, including Commerce, Defense, and Energy. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. Similarly to OFAC, BIS keeps a list of regulated items called the Commercial Control List (CCL). These consolidated files comply with all OFAC's existing data standards. He frequently represents clients before the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC), the United States Department of Commerce’s Bureau of Industry and Security (BIS), and in federal courts around the country. Any transaction to which a listed person is a party will be deemed by BIS to raise a Red Flag. The OFAC SDN List is a list of over 6,000 persons and entities that have been blocked pursuant to any number of U.S. economic sanctions programs. A Little Bit of Guidance on OFAC General License G, Clean Up Duty: OFAC Acknowledges an Unblocking Under the 50 Percent Rule and Re-issues Venezuela-related General Licenses, OFAC Continues Iran Designations Despite COVID-19 Outbreak. Despite their differences, these lists have one thing in common: an administrative reconsideration process. List of Restricted Entities and Subentities Associated With Cuba Effective January 8, 2021 Frequently Asked Questions on the Cuba Restricted List White House BIS implements U.S. government sanctions against Cuba, Iran, North Korea, Sudan, and Syria pursuant to the EAR, either unilaterally or to implement UN Security Council Resolutions. OFAC Targeted Countries and Activities. While most sanctions are administered by OFAC, BIS has jurisdiction over certain export prohibitions (via “embargo” regulations), as it is the case with exports to Syria6 . BIS advises exporters, reexporters, transferors, and those providing certain services in Russia to review the OFAC requirements in this area. The Denied Persons List consists of individuals and companies that have been denied export and re-export privileges by BIS. The sanctions can be either comprehensive or selective, using the blocking of assets and trade restrictions to accomplish foreign policy and national security goals. For enforcement, OFAC publishes a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. List of active sanction programs under OFAC apply to the following countries and activities: Conflict Diamonds. Alcohol and Tobacco Tax and Trade Bureau (TTB), Financial Crimes Enforcement Network (FinCEN), Office of the Comptroller of the Currency (OCC), Treasury Inspector General for Tax Administration (TIGTA), Special Inspector General for the Troubled Asset Relief Program (SIGTARP), Budget Request/Annual Performance Plan and Reports, Inspector General Audits and Investigative Reports, Treaties and Tax Information Exchange Agreements (TIEAs), Foreign Account Tax Compliance Act (FATCA), The Community Development Financial Institution (CDFI) Fund, Specially Designated Nationals List (SDN List), Sanctions Programs and Country Information, Financial Literacy and Education Commission, The Committee on Foreign Investment in the United States (CFIUS), Macroeconomic and Foreign Exchange Policies of Major Trading Partners, U.S.-China Comprehensive Strategic Economic Dialogue (CED), Small and Disadvantaged Business Utilization, Debt Management Overview and Quarterly Refunding Process, U.S International Portfolio Investment Statistics, Report Fraud Related to Government Contracts, Cashing Savings Bonds in Disaster-Declared Areas, Community Development Financial Institution (CDFI) Fund, Electronic Federal Benefit Payments - GoDirect, General Property, Vehicles, Vessels & Aircraft, In addition to its list of Specially Designated Nationals and Blocked Persons, OFAC maintains other sanctions lists. 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