§ 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. 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.

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. 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.

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.

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. 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. 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.

§ 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:. 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.
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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. These entities will be added to supplement no. 7 to part 744 (‘Military End-User’ (MEU) List) in Federal Register notices published by 2021-01-15 Summary.

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.
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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). Specifically, the Bureau of Industry and Security (BIS) issued two final rules and one proposed rule on April 28, 2020, which enact or propose changes to the ‘Military Catch-All Rule’ in Part § 744.21, the removal of certain license exceptions, and an increase […] 744.21 Restrictions on certain 'military end use' or 'military end user' in the People's Republic of China, Russia, or Venezuela. 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).

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).