BIS Adds Four Burmese Companies to the Entity List

The U.S. Department of Commerce’s Bureau of Industry & Security today issued a Final Rule, published in the Federal Register, adding four Burmese companies onto its Entity List. This move was in furtherance of Executive Order 14014 (February 12, 2021), which was issued by the Biden Administration following the Burmese military’s February 1, 2021 coup in that country.

Specifically, the following entities were listed:

1. King Royal Technologies Co., Ltd.;
2. Myanmar Wanbao Mining Copper, Ltd.;
3. Myanmar Yang Tse Copper, Ltd.; and
4. Wanbao Mining, Ltd.

The first company is a telecommunications entity alleged to provide support for the Burmese military. The second and third entities are subsidiaries of Wanbao Mining, Ltd., the fourth entity (note that BIS designations on the Entity List apply only to the named company, and as such, subsidiaries are not considered listed by default unless they are actually named on the list). These three entities are active in Burma’s copper mining sector.

The limitations on these four entities is the strictest type seen on the Entity List – a license is needed for any item subject to the Export Administration Regulations (EAR) if destined for any of these four entities, with a presumption of denial for any applications.

About Farhad Alavi

An international trade compliance (sanctions, export controls, customs, anti-corruption) and defense lawyer.