BIS’s position is that such items require a license for export to China, Russia or Venezuela in order to support the US policy of regional stability in those areas. 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 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.

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· (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. iv. 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,  Apr 30, 2020 Section 744.21 of the EAR currently requires a BIS license in order to export, reexport or make a transfer (in-country) of any Supplement No. Jun 5, 2020 Expand the licensing requirements for China to include military end-users in addition to military end-use—currently, Section 744.21 imposes  BIS also issued an interim final rule on May 15, 2020, which expands the scope of Currently, the provisions in Part §744.21 of the EAR implement controls on  Apr 29, 2020 To achieve this goal, BIS is making several changes to the Export In short, the revised definition of military end use in 744.21 is vastly  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.

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. The new rule will take effect on June 29, 2020.

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

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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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.

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.
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United States: US – BIS adds a “Military End User List” to the EAR consisting of 102 Chinese and Russian entities.