2020-07-02

2889

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.

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. 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.

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This rule also corrects a typo in the last sentence of the introductory text to supplement no. 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. 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.

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.

4 Id at 83783. 5 See 15 C.F.R.

Bis 744.21

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.

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).

Bis 744.21

5 See 15 C.F.R. § 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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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.

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. 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.
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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, 

3 Id at 83793. 4 Id at 83783. 5 See 15 C.F.R.


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Prior to publication of the Final Rule, § 744.21 required a license for exports of certain enumerated items BIS Guidance. On June 26, BIS published Frequently Asked Questions

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.

2020-12-23

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. 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).

These entities will be added to supplement no.