Restrictions

Restrictions in the United States

Field-of-use restrictions

Find more information on Field-of-use restrictions in relation to the Intellectual Property and Antitrust Law in the legal Encyclopedias.

Time/quantity restrictions

Find more information on Time/quantity restrictions in relation to the Intellectual Property and Antitrust Law in the legal Encyclopedias.

Export Restrictions

The Consolidated Screening List (CSL) is a list of parties for which the U.S. Government maintains restrictions on certain exports, reexports or transfers of items.

These are a consolidation of multiple export screening lists of the Departments of Commerce, State and the Treasury and may be used as an aid to industry in conducting electronic screens of potential parties to regulated transactions.

In the event that a company, entity or person on the list appears to match a party potentially involved in your export transaction, additional due diligence should be conducted before proceeding.

There may be a strict export prohibition, requirement for seeking a license application, evaluation of the end-use or user to ensure it does not result in an activity prohibited by any U.S. export regulations, or other restriction.

Prior to taking further action, to ensure full compliance with all of the terms and conditions of the restrictions placed on the parties on this list, the user must check the official publication of restricted parties in the Federal Register.  They should also check the official lists of restricted parties maintained on the web sites of the Departments of Commerce, State and the Treasury.

Sources

Department of Commerce – Bureau of Industry and Security

Denied Persons List – Individuals and entities that have been denied export privileges. Any dealings with a party on this list that would violate the terms of its denial order are prohibited.

Unverified ListEnd-users who BIS has been unable to verify in prior transactions. The presence of a party on this list in a transaction is a “Red Flag” that should be resolved before proceeding with the transaction.

Entity ListParties whose presence in a transaction can trigger a license requirement supplemental to those elsewhere in the Export Administration Regulations (EAR). The list specifies the license requirements and policy that apply to each listed party.

Department of State – Bureau of International Security and Non-proliferation

Nonproliferation Sanctions – Parties that have been sanctioned under various statutes. The linked webpage is updated as appropriate, but the Federal Register is the only official and complete listing of nonproliferation sanctions determinations.

Department of State – Directorate of Defense Trade Controls
AECA Debarred ListEntities and individuals prohibited from participating directly or indirectly in the export of defense articles, including technical data and defense services. Pursuant to the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR), the AECA Debarred List includes persons convicted in court of violating or conspiring to violate the AECA and subject to “statutory debarment” or persons established to have violated the AECA in an administrative proceeding and subject to “administrative debarment.”

Department of the Treasury – Office of Foreign Assets Control

Specially Designated Nationals List – Parties who may be prohibited from export transactions based on OFAC’s regulations. The EAR require a license for exports or reexports to any party in any entry on this list that contains any of the suffixes “SDGT”, “SDT”, “FTO”, “IRAQ2” or “NPWMD”.”

Foreign Sanctions Evaders List: Foreign individuals and entities determined to have violated, attempted to violate, conspired to violate, or caused a violation of U.S. sanctions on Syria or Iran, as well as foreign persons who have facilitated deceptive transactions for or on behalf of persons subject to U.S. Sanctions. Transactions by U.S. persons or within the United States involving Foreign Sanctions Evaders (FSEs) are prohibited.

Sectoral Sanctions Identifications (SSI) List: Individuals operating in sectors of the Russian economy with whom U.S. persons are prohibited from transacting in, providing financing for, or dealing in debt with a maturity of longer than 90 days.

Palestinian Legislative Council (PLC) List: Individuals of the PLC who were elected on the party slate of Hamas, or any other Foreign Terrorist Organization (FTO), Specially Designed Terrorist (SDT), or Specially Designated Global Terrorist (SDGT).

The List of Foreign Financial Institutions Subject to Part 561 (the Part 561 List): The Part 561 List includes the names of foreign financial Institutions that are subject to sanctions, certain prohibitions, or strict conditions before a U.S. company may do business with them.

Non-SDN Iranian Sanctions Act List (NS-ISA): The ISA List includes persons determined to have made certain investments in Iran’s energy sector or to have engaged in certain activities relating to Iran’s refined petroleum sector. Their names do not appear on the Specially Designated Nationals or Blocked Persons (SDN) List, and their property and/or interests in property are not blocked, pursuant to this action.

Find more information on Export Restrictions in relation to the Trade Restrictions and Sanctions Regulations in the legal Encyclopedias.

Restrictions and the International Trade Law

Modified: Restrictions on Exports in the History of U.S. Economic Sanctions Imposed against China

Note: the date of this economic sanction is: APRIL 25, 1980

On April 25, 1980, China was reassigned from export country Group Y, with other Warsaw Pact countries, to its own group P, with reduced restrictions on dual use exports [19].

Occasion(s) Detailed

See January 1, 1965, for original sanction

Note: Based on the China: U.S. Economic Sanctions Report.

Resources

Notes and References

  1. 19 U.S. Commercial Relations With Communist Countries, by Vladimir Pregelj. 1984. CRS Report 84-67 E. p. 12; 45 F.R. 27922.

Resources

See Also

Further Reading

  • Restrictions entry in the Dictionary of International Trade Law (Raj Bhala)
  • Restrictions entry in the Gale Encyclopedia of U.S. Economic History (Thomas Carson; Mary Bonk)
  • Restrictions entry in the Dictionary of International Trade
  • Restrictions entry in the Dictionary of International Trade: Handbook of the Global Trade Community (Edward G. Hinkelman)

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