News 19 September 2019

BIS issues guidance on Pakistan exports

The United States Department of Commerce’s Bureau of Industry & Security (‘BIS’), has issued guidance on due diligence for exports, re-exports and transfers to Pakistan.

It notes:

‘Pakistan has a nuclear program and a missile program that are subject to end-use and end-user restrictions pursuant to Part 744 of the Export Administration Regulations (EAR) (15 C.F.R. Parts 730-774).

Accordingly, this guidance highlights:

  • The supplemental licensing requirements applicable to exports, reexports, and transfers (in-country) of items subject to the EAR that may be destined to nuclear or missile activities; and
  • Best practices for screening customers in Pakistan to prevent diversion of items subject to the EAR to unauthorized end uses and end users.’

It points out that in recent months, BIS has added several entities based in Pakistan to the Entity List, and that its Office of Export Enforcement’s investigations have ‘revealed schemes to export items subject to the EAR to nuclear- and missile-related entities in Pakistan listed on the Entity List without the required licenses.’