Meredith Rathbone and Alexandra Baj: EAR anatomy – the Entity List under the microscope

In the past decade – and even more markedly over the past three years – the US Entity List, administered under the Export Administration Regulations (‘EAR’), has become a ‘go-to’ tool for US lawmakers, who have drastically increased the scope of the List, in terms both of criteria for inclusion and the number of parties.

The List – of certain foreign persons (including businesses, research institutions, government and private organisations, individuals, and other types of legal persons) subject to specific licence requirements for the export of goods and other transactions – is often seen as a sanctions list by another name. But understanding how the Entity List works, its categories and the requirements it imposes, is key to accurate, risk-calibrated compliance.

In this presentation, Meredith Rathbone and Alexandra Baj set out what compliance officers need to know about the composition of the Entity List, and the respective requirements its categories impose.

About Meredith: Meredith Rathbone heads Steptoe’s International Trade and Regulatory Compliance group and is the co-chair of its Economic Sanctions and Export Controls practice. She is based in the firm’s London and Washington, DC offices.

About Alexandra: Alexandra Baj is a deputy chair of Steptoe’s International Trade and Regulatory Compliance group. She advises on export controls and economic sanctions laws and regulations, anti-corruption investigations and compliance, international trade, and security clearance issues.