Revisions to Export, Reexport, and Transfer (In-Country) Controls for Nicaragua

Posted

BIS amends the Export Administration Regulations (EAR) to apply more restrictive treatment to exports and reexports to, and transfers (in-country) within, Nicaragua of items subject to the EAR.

This action is consistent with the State Department’s addition of Nicaragua to the list of countries that are subject to a U.S. arms embargo under the International Traffic in Arms Regulations (ITAR),

The State Department is adding Nicaragua to ITAR § 126.1 in paragraph (p). The policy of denial toward Nicaragua applies to licenses or other approvals for exports and imports of defense articles or defense services, except that a license or other approval may be issued on a case-by-case basis for non-lethal military equipment intended solely for humanitarian assistance, to include natural disaster relief.

Further, in accordance with ITAR § 129.7, no broker, as described in ITAR § 129.2, may engage in or make a proposal to engage in brokering activities subject to the ITAR that involve Nicaragua without obtaining the approval of the Directorate of Defense Trade Controls. Consistent with ITAR § 129.7(d), the Department of State will apply the same policy of denial to such requests.

To reflect this changed status under the ITAR, BIS adds Nicaragua to Country Group D:5. BIS’s amendments also address concerns regarding the Nicaraguan Government’s commission of human rights abuses against citizens and civil society groups, as well as the regime’s ongoing military and security cooperation with Russia.

Specifically, BIS is moving Nicaragua from Country Group B to Country Group D, a more restrictive country grouping, applying a stringent licensing policy for items controlled for national security reasons, and making the country subject to ‘military end use’ and ‘military end user’ restrictions.

This rule advances the U.S. Government’s efforts to restrict the availability of items subject to the EAR to Nicaragua’s military and security services. 

Commerce Dpet Notice

State Dept Notice:

Addition to List of Proscribed Countries

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