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)).

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

This rule also corrects a typo in the last sentence of the introductory text to supplement no. 7 to part 744. 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 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. 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 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 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 use’ (as defined in § 744.21(f)) or ‘military end user’ (as defined in § 744.21(g)).

Bis 744.21

Background 15 CFR Appendix Supplement No. 2 to Part 744 - List of Items Subject to the Military End Use or End User License Requirement of § 744.21 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. 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.

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.

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.

§ 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. 15 CFR § 744.21 BIS may inform you either individually by specific notice,

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. 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:.

§ 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.
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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. 7 to part 744 (‘Military End-User’ (MEU) List) in Federal Register notices published by § 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.

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 § 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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Jan 27, 2021 § 744.21; Expands restrictions on the export of constituent materials to produce certain chemical and biological weapons; Expands the definition

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).

2020-12-23

§ 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. 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 · 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. 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. 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.