BIS Boycott Requester List Includes Parties Worldwide

On June 27, 2024, the Department of Commerce, Bureau of Industry and Security (BIS) issued an updated Boycott Requester List.

As explained in the release:

Each entity on this list has been recently reported to BIS on a boycott request report form, as required by Section 760.5 of the EAR, as having made a boycott-related request in connection with a transaction in the interstate or foreign commerce of the United States.

This list is intended to raise awareness of the sources of past boycott requests, facilitate fulfillment of the antiboycott reporting requirements, and deter foreign parties from imposing – and U.S. parties from acquiescing to – boycott-related requests and conditions.

The update also included the removal of 127 entries based on misidentification or because the foreign party removed boycott language in transaction documents with U.S. entities.

The updated list includes 129 entities worldwide.  Of note, only 42 (less than a third) are located in countries in the Arab League.  According to BIS, "The Arab League boycott of Israel is the principal unsanctioned foreign boycott that U.S. persons must be concerned with today. The antiboycott provisions of the EAR, however, apply to all unsanctioned foreign boycotts."  Out of the other 87, 67 are located in Bangladesh, Malaysia, and Pakistan, with the remainder sprinkled across Europe, Asia, and South America.

While not a formal sanctions list, the Boycott Requestor List is an important resource for exporters.  As BIS explains:

U.S. persons are encouraged to diligently review transaction documents from all sources, but especially transaction documents with or involving these listed parties – given that they have been identified by others as a source of boycott-related requests – to identify possible boycott-related language and to determine whether U.S.-person recipients have a reporting requirement to BIS pursuant to Part 760 of the EAR.