Companies, financial institutions, freight forwarders, and others should review for required reporting to the OAC

On March 28, 2024, the Department of Commerce's Bureau of Industry and Security (BIS) published a new resource for companies, freight forwarders, financial institutions, and others to help them comply with the U.S. antiboycott regulations, which are set forth in Part 760 of the Export Administration Regulations, 15 CFR Parts 730-774 (EAR). The resource is a list of entities that have been identified in boycott request report forms that are required to be submitted to BIS pursuant to 15 CFR § 760.5 by U.S. persons who have received boycott-related requests. BIS stated that the list, which is posted on the Office of Antiboycott Compliance (OAC) webpage, is not exhaustive and will be updated quarterly.

The antiboycott laws discourage and in some circumstances prohibit U.S. persons from taking certain actions in furtherance or support of a boycott maintained by a foreign country against a country friendly to the United States (an "unsanctioned foreign boycott"). Those laws require U.S. persons to report to OAC their receipt of certain boycott-related requests; the boycott request reporting form can be found here. For further information on U.S. antiboycott requirements, see our previous post, "Demystifying U.S. Antiboycott Requirements."

BIS stated that release of the list is intended to support its "enhanced enforcement" of the antiboycott regulations, "including a focus on not just those receiving, but also those making, boycott requests." BIS is encouraging U.S. persons to diligently review transaction documents from all sources, especially those involving parties included on the list, to identify possible boycott-related language and to determine whether they have a reporting duty to BIS pursuant to the antiboycott regulations. By publishing the list, BIS says that it "aim[s] 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."

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