A shipper is now required to obtain a BIS license if it knows the Supplement No. 2 listed item will have military end uses as defined in new § 744.21. There will

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.

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 BIS has now issued 32 FAQs ranging from summary descriptions of the new MEU rules to guidance on BIS’ application thereof to certain select fact scenarios. We provide below a summary of the–in our view–key take aways from the FAQs. Importantly, BIS appears to have adopted a broad interpretation of the definition of “military end user.” BIS’s creation of a specific list of MEUs and reconnaissance organizations” already included in the definition of “military end users” in section 744.21.

Bis 744.21

2021-01-27 2020-12-23 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 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.

· (ii) · (2) · ( i) Current EAR section 744.21(a)(2) requires a license prior to shipment to China of items intended for “military end-use.”x However, on April 16, 2013, the BIS Jan 25, 2021 Part 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.

For exports, reexports, shipments, transmissions, or transfers (in-country) that are in transit at the time you are informed by BIS that a license is required in accordance with §§ 744.2(b), 744.3(b), 744.4(b), 744.6(c), 744.9(b), 744.11(c), 744.17(b), 744.21(b), or 744.22(b) of the EAR, you may not proceed any further with the transaction unless you first obtain a license from BIS (see part

On June 26, BIS published Frequently Asked Questions 2020-04-28 On 23 December 2020, BIS created a new Military End User List, naming more than 100 Chinese and Russian companies subject to the enhanced licensing requirements of section 744.21 of the EAR. 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 BIS is publishing this rule to support the national security and foreign policy objectives § 744.21 for 9x515.y items was imposed in a May 13, 2014 rule that implemented CCL controls on certain spacecraft (Revisions to the Export Administration Regulations: Control of Spacecraft For exports, reexports, shipments, transmissions, or transfers (in-country) that are in transit at the time you are informed by BIS that a license is required in accordance with §§ 744.2(b), 744.3(b), 744.4(b), 744.6(c), 744.9(b), 744.11(c), 744.17(b), 744.21(b), or 744.22(b) of the EAR, you may not proceed any further with the transaction unless you first obtain a license from BIS (see part BIS may inform and provide notice to the public that certain entities are subject to the additional prohibition described under this paragraph (b) following a determination by the End-User Review Committee (ERC) that a specific entity is a 'military end user' pursuant to this section and therefore any exports, reexports, or transfers (in-country) to that entity represent an unacceptable risk 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. Section 744.22 imposes restrictions on exports, reexports, and transfers (in-country) for a military 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.

2014-11-07

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. 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.

§ 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. 15 CFR § 744.21 BIS may inform you either individually by specific notice, 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. Section 744.22 imposes restrictions on exports, reexports, and transfers (in-country) for a military 744.21 Restrictions on certain 'military end use' or 'military end user' in the People's Republic of China, Russia, or Venezuela. § 744.21 Restrictions on certain 'military end use' or 'military end user' in the People's Republic of China, Russia, or Venezuela. Link to an amendment published at 86 FR 4873, Jan. 15, 2021. (a) General prohibition.
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7 to part 744 (‘Military End-User’ (MEU) List) in Federal Register notices published by § 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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3 Id at 83793. 4 Id at 83783. 5 See 15 C.F.R. § 744.21.

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The MEU List notifies the public that certain entities are subject to the military end-user prohibitions in § 744.21 of the EAR. BIS may add entities located in Burma to the MEU List in the future. This rule also corrects a typo in the last sentence of the introductory text to supplement no. 7 to part 744.

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. The new rule will take effect on June 29, 2020. Background 15 CFR Appendix Supplement No. 2 to Part 744 - List of Items Subject to the Military End Use or End User License Requirement of § 744.21 In April 2020, BIS amended the EAR § 744.21 to tighten military end-use and end-user controls against China, Russia, and Venezuela.

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

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. § 744.21 provision related to Military End Uses and Military End Users in China, Russia, and Venezuela.

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)). 2021-03-08 · The MEU List notifies the public that certain entities are subject to the military end-user prohibitions in § 744.21 of the EAR. BIS may add entities located in Burma to the MEU List in the future. This rule also corrects a typo in the last sentence of the introductory text to supplement no.