United States: US – BIS adds a “Military End User List” to the EAR consisting of 102 Chinese and Russian entities. On December 23, 2020, the US Commerce Department’s Bureau of Industry and Security (BIS) issued a final rule amending the Export Administration Regulations (EAR) by adding a new “Military End User List” (MEU List) as supplement no. 7 to part 744 of the EAR.

under § 744.21(b). Exporters, reexporters, or transferors will still be responsible for ensuring their transactions are in compliance with the license requirements set forth in § 744.21 because BIS cannot list every ‘military end user’ or party representing a risk of diversion thereto in the

In April 2020, BIS amended the EAR § 744.21 to tighten military end-use and end-user controls against China, Russia, and Venezuela. As amended at that time, EAR § 744.21 imposed a license requirement on the export, reexport, and transfer (in-country) of items listed in Supplement No. 2 to Part 744 of the EAR to military end-uses or military end-users in China, Russia, or Venezuela. 2021-02-16 2020-12-23 § 740.11(b)(2)(i) and (ii) of the EAR as specified in § 744.21(c). The license application procedure and license review policy for entities specified in this supplement 7 to part 744 is specified in § 744.21(d) and (e). Country Entity Federal Register Citation BURMA [Reserved] [Reserved] CHINA, PEOPLE’S REPUBLIC OF Under §744.21(b)(1) of the EAR, BIS may designate entities subject to this additional prohibition under paragraph (b) that have been determined by the ERC to be a ‘military end user’ pursuant to §744.21.

Bis 744.21

BIS added a new military-intelligence end use restriction at section 744.22 of the EAR, following the existing military end use rule Jun 9, 2020 Among other things, BIS will expand the licensing controls in Section 744.21 to restrict not only "military end uses" in the PRC, but now also Jan 21, 2021 The Bureau of Industry and Security (BIS) of the U.S. Department of Changes to section 744.21of the EAR; Military end-users; License review Jan 27, 2021 § 744.21; Expands restrictions on the export of constituent materials to produce certain chemical and biological weapons; Expands the definition Jul 1, 2020 The rule, which was issued on April 28, 2020, broadens Part 744.21 of scheduled to take effect – BIS issued 32 Frequently Asked Questions Mar 8, 2021 BIS added Burma to the list of countries subject to 'military end use' and 'military end user' (MEU) restrictions under § 744.21 of the EAR. Subject: § 744.21 Restrictions on certain 'military end use' or 'military end user' in 1 See https://www.bis.doc.gov/index.php/licensing/commerce-control-list- https://www.bis.doc.gov/index.php/about-bis/newsroom/speeches/148-about- 8 “Military end-use” is defined in EAR § 744.21 as (i) incorporation into a military Dec 29, 2020 BIS also added more than sixty other entities to the Entity List from Bulgaria, Under the authority of another section of the EAR, § 744.21, BIS May 20, 2020 BIS Significantly Tightens Controls, Broadens License Requirements Section 744.21 to the License Requirements sections of each ECCN. iv. Jul 11, 2014 The final rule amends Section 744.21 of the EAR to implement “military end use” and “military end user” license requirements for exports, Apr 30, 2020 Section 744.21 of the EAR currently requires a BIS license in order to export, reexport or make a transfer (in-country) of any Supplement No. Jun 5, 2020 Expand the licensing requirements for China to include military end-users in addition to military end-use—currently, Section 744.21 imposes BIS also issued an interim final rule on May 15, 2020, which expands the scope of Currently, the provisions in Part §744.21 of the EAR implement controls on Apr 29, 2020 To achieve this goal, BIS is making several changes to the Export In short, the revised definition of military end use in 744.21 is vastly Apr 28, 2020 BIS stated its intent is to gain increased visibility into sensitive export transactions involving China, Russia and 4) 15 C.F.R. § 744.21. Jul 1, 2020 Expands the licensing requirements under Section 744.21 of the EAR (15 CFR parts 730–774) for China to include “military end users” and Jun 18, 2020 On April 28, 2020, the BIS published two final rules and one the following significant changes to the controls set forth in EAR §744.21:. Jan 8, 2021 On December 23, 2020, BIS published a rule (85 FR 83793) adding the the U.S. government as “military end users” subject to EAR §744.21.

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Apr 29, 2020 with respect to China, Russia and Venezuela (15 C.F.R. § 744.21). BIS defines “military end user” broadly for these purposes to include not § 744.21 Restrictions on certain 'military end use' or 'military end user' in Burma, The People's Republic of China, The Russian Federation, or Venezuela.

2021-03-08

Link to an amendment published at 86 FR 4873, Jan. 15, 2021. requirement under section 744.21 will apply if you have knowledge that the distributor intends to reexport or transfer (in-country) your items for a “military end use.” Q12: Would knowing that a systems integrator uses mass-market products for multiple As amended at that time, EAR § 744.21 imposed a license requirement on the export, reexport, and transfer (in-country) of items listed in Supplement No. 2 to Part 744 of the EAR to military end-uses or military end-users in China, Russia, or Venezuela. Please see our prior blog post for details about the amendments. § 740.11(b)(2)(i) and (ii) of the EAR as specified in § 744.21(c). The license application procedure and license review policy for entities specified in this supplement 7 to part 744 is specified in § 744.21(d) and Under §744.21(b) of the EAR, BIS may inform persons either individually by specific notice, through amendment to the EAR published in the Federal Register, or through a separate notice published in the Federal Register, that a license is required for specific exports, reexports, or transfers (in-country) of any item because there is an Under § 744.21(b) of the EAR, BIS may inform persons either individually by specific notice, through amendment to the EAR published in the Federal Register, or through a separate notice published in the Federal Register, that a license is required for specific exports, reexports, In April 2020, BIS amended the EAR § 744.21 to tighten military end-use and end-user controls against China, Russia, and Venezuela. As amended at that time, EAR § 744.21 imposed a license requirement on the export, reexport, and transfer (in-country) of items listed in Supplement No. 2 to Part 744 of the EAR to military end-uses or military § 740.11(b)(2)(i) and (ii) of the EAR as specified in § 744.21(c).

BIS’s position is that such items On June 26, 2020, the US Commerce Department’s Bureau of Industry and Security (“BIS”) issued 32 Frequently Asked Questions (“FAQs”) to clarify the military end use/user (“MEU”) rules that were published on April 28, 2020 and took effect on June 29, 2020. These rules are intended to combat efforts by entities in China, Russia, and Venezuela to use certain US technologies obtained 2020-12-23 2021-01-26 2021-03-08 BIS’s amendments to Section 744.21 only applied to specific items listed on Supplement No. 2 to EAR Part 744, but BIS did change its licensing review standard to a presumption of denial for 2020-12-27 Rather, this rule relocates those requirements to the ‘License Requirements” section in the CCL in order to help the public comply with EAR § 744.21.
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Link to an amendment published at 86 FR 4873, Jan. 15, 2021. (a) General prohibition. In April 2020, BIS amended the EAR § 744.21 to tighten military end-use and end-user controls against China, Russia, and Venezuela.

§ 744.21. § 744.21(b)(1) of the EAR, BIS may designate entities subject to this additional prohibition under paragraph (b) that have been determined by the ERC to be a ‘military end user’ pursuant to § 744.21. These entities will be added to supplement no.
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2021-03-08

2021-02-16 2020-12-23 § 740.11(b)(2)(i) and (ii) of the EAR as specified in § 744.21(c). The license application procedure and license review policy for entities specified in this supplement 7 to part 744 is specified in § 744.21(d) and (e).

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2021-03-08

Revisions to EEI Filing Requirements Pursuant to Revisions to Section 744.21 (China/Russia/Venezuela military end use/end user rule). The Electronic Export Information (EEI) filing requirement for items subject to Supplement No. 2 to Part 744 destined for China, Russia, and Venezuela will become effective on June 29, 2020. In April 2020, BIS amended the EAR § 744.21 to tighten military end-use and end-user controls against China, Russia, and Venezuela. As amended at that time, EAR § 744.21 imposed a license requirement on the export, reexport, and transfer (in-country) of items listed in Supplement No. 2 to Part 744 of the EAR to military end-uses or military end-users in China, Russia, or Venezuela.

Jan 27, 2021 § 744.21; Expands restrictions on the export of constituent materials to produce certain chemical and biological weapons; Expands the definition

These entities will be added to supplement no. 7 to part 744 (‘Military End-User’ (MEU) List) in Federal Register notices published by BIS. 2020-07-02 On December 23, 2020, the US Commerce Department’s Bureau of Industry and Security (“BIS”) issued a final rule amending the Export Administration Regulations (“EAR”) by adding a new “Military End User List” (“MEU List”) as supplement no. 7 to part 744 of the EAR. The final rule adds 102 entities to the MEU List, which will consist of Chinese, Russian, and Venezuelan entities The following items, as described, are subject to the military end use or end user license requirement in § 744.21. (1) Category 1 Materials, Chemicals, Microorganisms, and Toxins (i) 1A290 Depleted uranium (any uranium containing less than 0.711% of the isotope U 235) in shipments of more than 1,000 kilograms in the form of shielding contained in X ray units, radiographic exposure or The US Department of Commerce’s Bureau of Industry and Security (BIS) published an Interim Final Rule on January 15 to implement changes to, and impose new licensing obligations under, the Export Administration Regulations (EAR) relating to the expansion of specific end-use and end-user controls, as well as controls on specific activities of US persons (the Rule). 2014-11-07 The changes date to April 28, 2020, when the Department of Commerce Bureau of Industry and Security (“BIS”) published a final rule (“Final Rule”) that, among other changes, revises the 15 C.F.R.

BIS added Burma to the list of countries subject to ‘military end use’ and ‘military end user’ (MEU) restrictions under § 744.21 of the EAR. The change will require exporters to acquire a license from BIS before exporting, reexporting, or transferring certain products to military end uses or end users in Burma. BIS is exercising its authority under § 744.21(b) to inform exporters, reexporters, and transferors that entities on the MEU List are `military end users' for purposes of § 744.21, and thus exports, reexports, or transfers (in country) of the specified items to those entities require a license because they represent an unacceptable risk of use in or diversion to a `military end use' or BIS amended Section 744.21 of the EAR to expand the licensing requirement for exports, reexports, and transfers (in-country) of items intended for certain military end uses and military end users in a number of significant ways.