The Bureau of Industry and Security (BIS) at the Department of Commerce (Department) has amended its antiboycott provisions set forth in the Export Administration Regulations (EAR) to reflect the August 16, 2020 issuance by the United Arab Emirates (UAE) of Federal Decree-Law No. 4 of 2020, which formally ended the UAE’s participation in the Arab League Boycott of Israel. BIS’s action follows similar actions by the Departments of State and the Treasury.

On April 8, 2021, Treasury removed the UAE from its list published in the Federal Register of countries that require or may require cooperation with an unsanctioned international boycott, and on April 22, 2021, State certified to Congress that the UAE had formally ended its participation in the Arab League Boycott of Israel. BIS’s amendment to the antiboycott provisions set forth in Part 760 of the EAR adds an interpretation that certain requests for information, action or agreement from the UAE, which were presumed to be boycott-related prior to August 16, 2020, the date of issuance of the UAE decree terminating participation in the Arab League Boycott of Israel, would not be presumed to be boycott-related if issued after August 16, 2020, and thus would not be subject to the prohibitions or reporting requirements of Part 760 of the EAR. This interpretation will be reflected in Supplement No. 17 to Part 760 of the EAR. U.S. persons are reminded that requests that are on their face boycott-related or that are for action obviously in furtherance or support of an unsanctioned foreign boycott are subject to the antiboycott provisions of the EAR, irrespective of the country of origination.

U.S. Secretary of Commerce Gina M. Raimondo released the following statement:

“The Department of Commerce took action today to recognize the positive outcomes of the normalization of diplomatic and commercial relations between the United Arab Emirates and Israel, and we commend the UAE for terminating its formal participation in the Arab League Boycott of Israel. The UAE’s action is a strong step forward in ending unsanctioned boycotts against U.S. allies, and the Department will continue to strongly enforce its antiboycott regulations.”

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Author: Editor
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