International Legal Affairs: V11N1
Screening Prohibited Parties
As the world becomes increasingly more complicated, one might imagine that there is an official list of “naughty” countries (or individuals) to which U.S. citizens and corporations may not export arms. It would clearly be against U.S. Foreign policy to send arms to a country where U.S. service men and women are put into harm’s way. Officially, there are several lists maintained by several U.S. Regulatory agencies, including the Commerce, Treasury and State Departments. Parties may search the consolidated list of prohibited parties online at: www.export.gov/csl-search
Searching the Consolidated Screening List is not difficult and is legally required for export compliance. While there are companies that offer software to search the Consolidated Screening List, using the list online is easy, quick, reliable and most importantly, free. There have been cases of export violations occurring where an exporter, using a paid screening service, did not catch a recent addition to one of the lists. An after action report showed that the paid subscription service had not updated the list in a timely manner, resulting in a prohibited person being involved in an export transaction. As one might imagine, this resulted in an export violation to the exporter and triggered a monetary fine.
The lists maintained by the U.S. Government exist for a variety of reasons—the interests of the U.S. State Department and the Treasury Department may be identical in seeking to prevent the proliferation of arms worldwide, but the triggering violation will likely be specific to the agency. This has resulted in a number of lists, all of which should be checked and are included within the Consolidated Screening List. The official watch lists maintained by the U.S. Government include the following:
The Denied Persons List: This is a list maintained by the Department of Commerce, Bureau of Industry and Security. The …read more
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