Can I use a company that is a listed entity as a freight forwarder? Can I use a listed entity as the freight carrier transporting my shipment?
The licensing policies and requirements cited on the Entity List extend to the export, reexport and transfer (in-country) of items subject to the EAR to the persons included on the Entity List. Therefore, a transaction that does not extend to an export, reexport or transfer (in-country) is not covered by the Entity Lists policies and requirements. However, BIS considers that a transaction such as the use of a listed entity as a freight forwarder or freight carrier carries a red flag red flag and suggests that you exercise caution and strong oversight if you opt to engage a listed entity for these services. Although the freight forwarder or freight carrier may not be the end-user of the good you are exporting, reexporting or transferring (in-country), the freight forwarder/carrier will likely have access to the product being exported, reexported and/or transferred (in-country), thereby increasing the chance that the item you are shipping will be diverted. Further, BIS recommends checkin
The licensing policies and requirements cited on the Entity List extend to the export, reexport, or transfer (in-country) of items subject to the EAR to the persons included on the Entity List. Therefore, a transaction that involves a listed entity in which that entity is not the consignee of the goods is not a transaction subject to a license under the entity’s listing on the Entity List. However, BIS considers that a transaction involving the use of a listed entity as a freight forwarder or carrier carries a “red flag” and suggests that you exercise caution and strong oversight if you opt to engage a listed entity for these services. Although the freight forwarder or carrier may not be the end-user of the item(s) you are exporting, reexporting, or transferring (in-country), the freight forwarder/carrier will likely have access to the item(s) being exported, reexported, and/or transferred (in-country), thereby increasing the chance that the item(s) you are shipping will be diverted. F
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