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

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 

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. 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.

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5 See 15 C.F.R. § 744.21. 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). Thus BIS is continuing to urge U.S. companies to conduct careful due diligence in their transactions to identify parties that fit within the definition of “military end users” in EAR §744.21 even if parties are not on the MEU List. 3. Military-Intelligence End Uses and End Users – Significant Expansion of the Military End Use Rule.

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.

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

There will  May 4, 2020 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  15 CFR § 744.21. As a result, even if a listed item does not require an ex- port license to China, based on its reason for control, an exporter would still need a BIS  Feb 5, 2021 On December 23, 2020, BIS published a notice amending the EAR to the existing requirements in Section 744.21 – Restrictions on Certain  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  Dec 22, 2020 744.21 for exports of covered commercial and dual-use commodities, The MEU rule published in April broadened BIS's definition of  (a) General prohibition. · (b) Additional prohibition on those informed by BIS. · (1) ' Military End-User' (MEU) List.

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 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.

§ 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:.
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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. 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 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 BIS. Specifically, § 744.21 of the EAR requires a license from BIS for any exports, reexports, or in-country transfers (1) to China, Russia, or Venezuela, (2) where a listed MEU entity is the purchaser, intermediate consignee, ultimate consignee, or end-user, and (3) that involve items subject to the EAR that are described in an Export Control Classification Number (“ECCN”) identified in Summary.

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 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.
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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

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. 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.

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 

(a) General prohibition. 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.

§ 744.21 provision related to Military End Uses and Military End Users in China, Russia, and Venezuela. 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 BIS warns that such companies "would require additional due diligence by the exporter, reexporter, or transferor to determine whether a license is required under § 744.21." However, the rule does make clear that the license requirement does not apply to subsidiaries and affiliates owned or controlled by listed companies so long as those companies do not otherwise meet the definition of a 2020-04-28 · As noted previously, subsequent rules broadened the application of § 744.21 to Russia and Venezuela. This relocation of the existing license requirement from EAR § 744.21 to the CCL would not change its scope, which was intended to result in a license requirement for all 9x515.y or “600 series” .y items to those destinations. 2020-12-27 · 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)). 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.