Canadian company added to EAR Entity List for ‘supporting online censorship and surveillance’

The US Department of Commerce’s Bureau of Industry and Security (‘BIS’) has added a Canada-based technology company, Sandvine, to its Export Administration Regulations (‘EAR’) Entity List.

BIS said, ‘This addition is being made based on information that Sandvine supplies deep packet inspection technology to the Government of Egypt, where it is used in mass web-monitoring and censorship to block news as well as target political actors and human rights activists. These activities are contrary to the national security and foreign policy interests of the United States under § 744.11 of the EAR. These entities are added with a license requirement for all items subject to the EAR. They are added with a license review policy of a presumption of denial.’

BIS has also added China’s Chengdu Beizhan Electronics Co. Ltd., to the Entity List ‘for acquiring and attempting to acquire U.S.-origin items on behalf of the University of Electronic Science and Technology, an entity on the BIS Entity List.’ The entity is added with a licence requirement for all items subject to the EAR, and a licence review policy of a presumption of denial.

In a 26 February press release, Under Secretary for Industry and Security Alan F. Estevez said, ‘Today’s additions to the Entity List demonstrate that we will not hesitate to act to ensure that powerful, commercially available technologies aren’t being used contrary to our values, which include standing against censorship, surveillance, and repression. We also won’t stand by as entities seek to provide items to Entity Listed parties and will act accordingly.’