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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On September 30, 2022, in response to Russia President Vladimir Putin&rsquo;s illegal effort to annex further Ukrainian territory, the Department of Commerce&rsquo;s Bureau of Industry and Security (BIS) issued a <a href="https://public-inspection.federalregister.gov/2022-21520.pdf" target="_blank" rel="noopener">Final Rule</a> that added 57 entities located in Russia and the Crimea region of Ukraine to the Entity List for supporting the Russian military&rsquo;s continuing assault on Ukraine. BIS stated that with these new listings, the number of entities added to the Entity List for activities related to Russia&rsquo;s invasion of Ukraine in February 2022 now totals 392.
BIS noted that the new entities added to the Entity List were identified as acquiring or attempting to acquire U.S.-origin items in support of Russia&rsquo;s military, and others for their involvement in the development of quantum computing technologies, which would further enable Russia&rsquo;s malicious cyber activities.
The addition of these 57 new entities to the Entity List means these entities are subject to a license requirement &ndash; with review by BIS under a &ldquo;policy of denial,&rdquo; with no license exceptions available &ndash; for the export, reexport, , or transfers (in-country) of all items subject to the Export Administration Regulations (EAR) (including items described under the Russia/Belarus foreign direct produce rule) destined to these entities.
This Final Rule is effective as of September 30, 2022.
<h2>Application of &lsquo;Military End User&rsquo; Controls to Third Country Entities</h2>
Further, and as a result of Russia&rsquo;s continued aggression against Ukraine, BIS has published guidance in the form of a <a href="https://www.bis.doc.gov/index.php/documents/about-bis/3145-2022-09-30-bis-faq-third-country-application-of-controls/file" target="_blank" rel="noopener">FAQ</a> that &ldquo;makes clear that it is prepared to aggressively apply the export controls imposed in response to Russia&rsquo;s war of aggression against Ukraine against any entities, both inside and outside of Russia, that seek to provide material support for Russia and Belarus&rsquo;s military and industrial sectors.&rdquo; This FAQ states that the &lsquo;military end user&rsquo; controls of the EAR have been expanded to allow BIS to designate entities in third countries &ndash; not just entities within Russia or Belarus &ndash; that support &lsquo;military end uses&rsquo; in Russia or Belarus as &lsquo;military end users&rsquo; on the Entity List. This revision was made in early September 2022 (see Update of <a href="https://www.thompsonhinesmartrade.com/2022/09/ofac-and-bis-implement-additional-sanctions-against-russia/">September 16, 2022</a>) to &ldquo;discourage companies or government entities in third countries from backfilling and providing items needed by the Russian and Belarusian military and industrial sectors.&rdquo; Entities in third countries designated on the Entity List as Russian &lsquo;military end users&rsquo; will have a footnote 3 designation in the license requirement column. This restriction includes not only U.S.-origin items or items located in the United States, but also certain foreign-produced items.

Commerce Adds Numerous Russian Entities to BIS’ Entity List

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