The use of this website constitutes the consent of the users of this site (“users”) with the terms and conditions below. The parties designated for UVL are not always engaged in conduct contrary to U.S. law or policy. By LA BIS`s own admission, UVL names may occur for “reasons that have nothing to do with the cooperation of the foreign party subject to the end-use review.” Simple errors may be a reason: if an exporter places the X address on a license application, if a recipient has moved to Y, BIS can search for the part at address X and set a UVL name if the part cannot be found. Parties who wish to avoid these scenarios can take action, for example. B to ensure that they have an easily accessible website, with their name and address in English, as well as a description of any recent name or address changes (or additional names or addresses) that may be confusing and valid contact information. It can also help to avoid another possible cause of UVL denominations: non-cooperative or simply inactive local governments. The BIS generally requires some form of consent from local authorities to carry out end-use checks and, if they reject such a request or simply do not facilitate it in time, they may result in the parties to these legal systems ending up under a UVL name. If the U.S.
government can confirm an online company`s information and go directly to the company to answer its questions, this may offer a way to avoid a UVL name if the business is cooperative. Another important step that parties can take to avoid UVL designations is to keep good records of their transactions and to be prepared to make those records available to the U.S. government upon request. For example, invoices, delivery documents, end-use certifications or “know your customer” due diligence information collected through counterparties would go a long way to providing comfort to BIS on the details of the transactions they are reviewing and on whether a recipient of used deliveries deflected them from U.S. and U.S. policy. Essentially, be available, be open and transparent, keep good records and be cooperative, and you are less likely to end up with a UVL name. Jones Day`s publications should not be construed as legal advice on certain facts or circumstances. The content is only used for general information purposes and cannot be cited or mentioned in any other publication or procedure at our discretion, without the company`s prior written consent. To request a reprint authorization for our publications, please use our contact form, which you can find on our website at www.jonesday.com. The sending of this publication is not intended to establish a legal and client relationship and its receipt does not constitute a relationship between the lawyer and the client. The views presented here are the personal opinions of the authors and do not necessarily reflect the opinions of the company.
Changes to the licensing process and reporting obligations. Finally, the final rule transposes several procedural changes for deliveries to China, Russia and Venezuela, including (i) the acceptance of the refusal of any application for a licence for exports to military or military end-users; (ii) eliminate existing exemptions for electronic export information (“IEE”) for shipments worth less than $2,500, unless the use of a licence-free regime is used; and (iii) the requirement that IED applications contain ECCNs, regardless of the reason for the review or if a licence is required.