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A2. Items classified by BIS as subject to military end-use license requirements in 15 C.F.R. 744.21 including the following ECCNs: 1A290, 1C990, 1C996, 1D993, 1D999 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 Burma has also now been added to the military end use/end user restrictions included in § 744.21 of the EAR, BIS determined the entities contributed to the democratic instability following The request must be sent to BIS at the address listed in part 748 of the EAR and should include the name and address of the exporter or reexporter, the name and address of the person who has control of the commodity, the date the commodities were exported or reexported, a brief product description, and the justification for the extension. 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. No license exceptions are available for exports, reexports or transfers (in-country) to listed entities on the MEU List for items specified in supplement no. 2 to part 744, except license exceptions for items authorized under the provisions of License Exception GOV set forth in § 740.11(b)(2)(i) and (ii) of the EAR as specified in § 744.21(c). On April 28, 2020,the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published two new regulations that extend BIS’s oversight of the export, re-export and transfer (in- country) of certain commodities, software and technology (“items”) that are subject to the U.S. On March 8, 2021, the US Commerce Department’s Bureau of Industry and Security (BIS) published amendments to the Export Administration Regulations (EAR) imposing new export control restrictions on Myanmar (Burma) and adding four entities to the Entity List, in response to a military coup in early February 2021. 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 states, “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 MEU List, or identify all situations which could lead to an item being used for a `military end use.'” The final rule published by BIS on March 8, 2021 implements the following changes to the Export Administration Regulations (“EAR”) affecting Burma: moving Burma from Country Group B to Country Group D:1; adding Burma to the countries subject to military end use and military end user restrictions in § 744.21 of the EAR; and Feb 25, 2021 Adding to the challenges of implementing the expanded military end use/end user rule in Part 744.21 of the Export Administration Regulations  Dec 22, 2020 (Although § 744.21 also applies to Venezuelan “military end users,” no Venezuelan companies were named in the MEU List, though they could  Jun 29, 2020 (“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  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.

Bis 744.21

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or reason to know that the item is intended, 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 2020-12-28 2021-03-03 1 Supplement No. 7 to 15 C.F.R. § 744, (last accessed Dec. 23, 2020) available here; BIS, Addition of ‘Military End User’ List to the Export Administration Regulations and Addition of Entities to the Military End User List, 85 FR 83793 (Dec. 23, 2020), available here. 2 Id at 83794. 3 Id at 83793. 4 Id at 83783. 5 See 15 C.F.R.

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 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 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.

These entities will be added to supplement no. 7 to part 744 (‘Military End-User’ (MEU) List) in Federal Register notices published by BIS. Broadened Application: BIS confirms in Question 2 that while the definition of military end user was not revised, its application has been broadened. Besides now applying to military end users in China, it will now effectively include additional end users because the definition of “military end uses” was expanded in Section 744.21(f).

Bis 744.21

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 states, “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 MEU List, or identify all situations which could lead to an item being used for a `military end use.'” The final rule published by BIS on March 8, 2021 implements the following changes to the Export Administration Regulations (“EAR”) affecting Burma: moving Burma from Country Group B to Country Group D:1; adding Burma to the countries subject to military end use and military end user restrictions in § 744.21 of the EAR; and Feb 25, 2021 Adding to the challenges of implementing the expanded military end use/end user rule in Part 744.21 of the Export Administration Regulations  Dec 22, 2020 (Although § 744.21 also applies to Venezuelan “military end users,” no Venezuelan companies were named in the MEU List, though they could  Jun 29, 2020 (“BIS”) published a final rule (“Final Rule”) that, among other changes, revises the 15 C.F.R.

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. Currently, Section 744.21 of the EAR prohibits the export, reexport, or transfer of certain items subject to the EAR to China, Russia, or Venezuela without a license if a party has “knowledge,” 2 or is informed by BIS, that the item in question will be exported, reexported, or transferred for a “military end use” in China or for a “military end user” or “military end use” in 2021-03-08 Section 744.21, the export, reexport, or transfer (in-country) of any ECCN listed in Supplement No. 2 of Part 744 of the EAR requires a license, even if the item is destined for a non-military end use. Q5: Would a subsidiary agency in the Ministry of Defense, such as a military hospital, in 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 … Section 744.21 of the EAR already includes restrictions on the export, reexport, and transfer of certain items for “military end uses” in China, BIS has issued this change as a proposed rule rather than a final rule to get a better sense of the impact of this change. 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.
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7 to part 744 (‘Military End-User’ (MEU) List) in Federal Register notices published by BIS. Broadened Application: BIS confirms in Question 2 that while the definition of military end user was not revised, its application has been broadened.

(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.
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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. 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. There have been recent significant changes to the Export Administration Regulations (EAR).

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.

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). 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 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 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.