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

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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 

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. These entities will be added to supplement no. 7 to part 744 (‘Military End-User’ (MEU) List) in Federal Register notices published by 2021-01-15 Summary. Adding to the challenges of implementing the expanded military end use/end user rule in Part 744.21 of the Export Administration Regulations (“EAR”), restrictions on transactions involving military-intelligence end uses and military-intelligence end users are set to go into effect on March 16, 2021.

Bis 744.21

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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. 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. parties. Section 744.21 imposes restrictions for exports, reexports and transfers (in-country) of items on the CCL for a military end use or military end user in the People’s Republic of China (PRC or China), Russia, or Venezuela.

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.

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

3. Military-Intelligence End Uses and End Users – Significant Expansion of the Military End Use Rule. 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.

and Security (BIS) took effect, further limiting exports of certain items to China, Russia, and Venezuela. The rule, which was issued on April 28, 2020, broadens Part 744.21 of the Export Administration Regulations (EAR) that imposes certain heightened military end-use and end-user controls involving the export, reexport, and transfer

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 · 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. § 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 The MEU rule imposes a license requirement on the export, reexport, or transfer (in-country) of items specified in supplement no. 2 to part 744 of the EAR to China, Russia, and Venezuela, when the exporter, reexporter, or transferor has knowledge that the item is destined for a “military end use” (as defined in EAR § 744.21(f)) or “military end user” (as defined in EAR § 744.21(g)).

Bis 744.21

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.
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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 The MEU rule imposes a license requirement on the export, reexport, or transfer (in-country) of items specified in supplement no.

23, 2020), available here. 2 Id at 83794. 3 Id at 83793. 4 Id at 83783.
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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 …

The rule, which was issued on April 28, 2020, broadens Part 744.21 of the Export Administration Regulations (EAR) that imposes certain heightened military end-use and end-user controls involving the export, reexport, and transfer 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. The new rule will take effect on June 29, 2020. BIS amended EAR § 744.21 to require a license for the export, reexport, or transfer (in-country) of any item that is (a) subject to the EAR and (b) specifically listed in Supplement No. 2 to EAR Part 744 if the exporter, reexporter, or transferor has knowledge. 1.


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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 

7 to part 744. 2021-01-15 · Finally, BIS is revising § 744.1(b)(2) of the EAR to reference all provisions of part 744 that set forth “additional prohibitions on persons informed by BIS,” to include new §§ 744.6(c), 744.11(c), and 744.22(b), as well as existing §§ 744.9(b), 744.17(b), and 744.21(b), which were not previously listed in that section.

2020-12-23

7 to part 744 of the EAR. There have been recent significant changes to the Export Administration Regulations (EAR). Specifically, the Bureau of Industry and Security (BIS) issued two final rules and one proposed rule on April 28, 2020, which enact or propose changes to the ‘Military Catch-All Rule’ in Part § 744.21, the removal of certain license exceptions, and an increase […] 744.21 Restrictions on certain 'military end use' or 'military end user' in the People's Republic of China, Russia, or Venezuela. 15:2.1.3.4.29.0.1.22 SECTION 744.22 BIS also adopted a license review policy of “presumption of denial” in §744.21(e). Under this policy, all license applications under EAR §744.21 will be denied except in extraordinary circumstances. A2. Items classified by BIS as subject to military end-use license requirements in 15 C.F.R.

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.