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Military End-User Export Control Rules: What You Need to Know Ms. Lis has extensive experience advising companies on US laws relating to exports and reexports of commercial goods and technology, defense trade controls and trade sanctions including licensing, regulatory interpretations, compliance programs and enforcement matters. items to a company in China, Russia, or Venezuela that engages in any degree of business in support of The definition, which includes variants such as "know" and "reason to know", encompasses more than positive knowledge. Exporters, reexporters, and in-country transferors generally must obtain a BIS license for such an end use or end user if both of the following conditions apply: Exporters unsure of how to best classify their products and other exports can request classifications through theSimplified Network Application Process Redesign (SNAP-R) portal or self-classify their items. To get access to the full report, please click here. (1) Applications to export, reexport, or transfer (in-country) items described in paragraph (a)(1) of this section will be reviewed with a presumption of denial. BIS Issues FAQs Relating to the Military End Use/User Rules In addition to the license requirements for items specified on the Commerce Control List (CCL) (supplement no. I recommend it to anyone in the financial crime detection and prevention profession. Military end users include a countrys national armed services, such as the army, navy, air force, as well as the national guard, national police, and government intelligence and reconnaissance organizations, and other military end users, according to the regulations. US Commerce Names "Military End Users", Limits Access to Certain US One question in the FAQs brings this point into stark relief. application why it is not a "military end user" or involved in "military end uses." Finally, while BIS only identified 57 Chinese companies and 45 Russian companies as "military end users" for this initial tranche, it has reserved a category for Venezuela under the destinations listed for parties identified on the MEU List. Professionals can no longer get away with having siloed knowledge. On April 28, 2020, the Department of Commerces Bureau of Industry and Security (BIS) issued a new rule under the Export Administration Regulations (EAR), expanding the export, reexport, and transfer controls related to military end use and military end users in China, Russia, and Venezuela. Publications - Wiggin and Dana LLP Attorneys At Law PDF END-USER/END USE STATEMENT INSTRUCTIONS AND DEFINITIONS - Northrop Grumman The absence of BIS notification does not excuse the exporter from compliance with the license requirements of paragraph (a) of this section. The addition of military end users to the license requirement means that companies will have to expend additional resources to conduct due diligence and determine if the end user in China constitutes a "military end user." For example, BIS added ECCN 5D992 to the list of items that require a license for military end use to China. PDF Federal Register /Vol. 85, No. 82/Tuesday, April 28, 2020/Rules and 744.21 Restrictions on certain 'military end uses' or 'military end users'. The definition of military end user covers two categories of end users: In FAQ 3, BIS clarifies that other MEUsers covers other foreign national governmental organizations, as well as state-owned enterprises, or other specific entities that. Privately Owned Vehicle (POV) Mileage Reimbursement Rates That thorny issue is a common refrain with federal investigative agencies stating that Chinas theft of American technology and intellectual property is the nations biggest law enforcement threat, and an expensive one, estimated at more than half a trillion dollars lost, according to media reports. On June 26, 2020, the US Commerce Departments Bureau of Industry and Security (BIS) issued 32 Frequently Asked Questions (FAQs) to clarify the military end use/user (MEU) rules that were published on April 28, 2020 and took effect on June 29, 2020. The listing of entities under supplements no. BIS broadened the definition of military end use. $1.74. That could be helpful with respect to Chinese companies, such as some large prominent conglomerates that engage in both defense and civilian sectors across various industries and are known to be owned, controlled, or otherwise affiliated with the Chinese military. The finial came last month in the form of an executive order blocking the property and interests of the Maduro government in the United States and within the control of U.S. persons, according to the Congressional Research Service. Corresponding Change to Existing `Military End Use' and `Military End User' Controls `Military-intelligence end users,' as defined in new 744.22(f)(2) of the EAR are a subset of the "government intelligence and reconnaissance organizations" already included in the definition of `military end user' in 744.21(g) of the EAR. BIS retains restrictions on .y items (including low control parts and components) in ECCN 9x515 and 600 series items, which require a license for all exports, reexports, and transfers of 9x515 and 600 series items to China, Russia and Venezuela. The new rule will be effective on June 29, 2020. (1) 'Military End-User' (MEU) List. LearnExportCompliance.com | Copyright 2007-2023 ECTI, Inc. |, Simplified Network Application Process Redesign (SNAP-R) portal, browse our catalog of 80-plus on-demand webinars, The item the organization is exporting falls under any of the Export Control Classification Numbers (ECCNs) described in, The destination for the item is Burma, Cambodia, China (including Hong Kong), Russia, or Venezuela. national security and support U.S. foreign policy interests, according to its latest annual. I love that the questions are scenario based. Existing provisions exempt exporters from both filing EEI for many shipments valued under $2,500 (unless an export license is required) and from entering the ECCN in the EEI when the reason for control is only anti-terrorism (AT). military end user.. The New Military End Use and End User Regulations - ACFCS BIS has now issued 32 FAQs Review your content's performance and reach. Violators may also be subject to the denial of their export privileges as further described below. As noted in paragraph (a)(1) of this section, exporters, reexporters, and transferors, even in the absence of any such notification, are not excused from compliance with the license requirements of this paragraph (a) for all entities in Burma, Cambodia, China, or Venezuela to determine whether the entity is a 'military end user' for purposes of paragraph (g) of this section because supplement no. The tensions between the two world powers foamed and frothed to a boil at the tail end of July, when the U.S. ordered the Chinese consulate in Houston closed due to fears of pilfered trade secrets, and China responded in kind with a consulate closure of its own. How many types of knowledge can there be you ask? This means that companies selling mass market software into China need to consider who their end users are in China, even though the software may be widely available. Additional prohibition on those informed by BIS. You can confirm this by researching your transaction partners lines of business online or working in tandem with your organizations overseas affiliates to do the same offline. expanding the requirement to file Electronic As for Russia, Americas arch nemesis for decades, the country in recent years has been subjected to a widening array of sanctions tied to human rights abuses, corruption, organized crime, cyberattacks, election interference, proliferation of weapons of mass distraction and destruction and helped other countries evade sanctions like North Korea and Venezuela. Passing it should be considered a mark of high achievement, distinguishing qualified experts in this growing specialty area. Does the end user develop, produce, maintain, or use military items? Previously, BIS implemented a case-by-case review to determine whether the export, reexport, or transfer would make a material contribution to the military capabilities of the PRC, Russia, or Venezuela, and would result in advancing the country's military activities contrary to the national security interests of the United States. (g) Military end user. In addition to the license requirements for items specified on the Commerce Control List (CCL) (supplement no. The graft-gilt region has an entire sanctions regime, the Global Magnitsky Sanctions, created as a response to the treatment of Sergei Magnitsky, an attorney who died in Russian custody after bringing a corruption and tax scam in the hundreds of millions of dollars to light. When the "military-intelligence end user" definition described below becomes effective, this definition will exclude intelligence or reconnaissance organizations of the armed forces or the national guard. In FY 2019, BIS intensified its efforts to implement policies and engage in enforcement activities that address strategic national security threats, including threats related to Irans attempts to obtain U.S. technology and commodities, Chinas military-civil fusion efforts, and Chinese corporations activities that were contrary to U.S. national security or foreign policy interests, according to the annual report. The ERC will review such requests for removal or modification in accordance with the procedures set forth in supplement no. hk-IuJ}4q,K6i| g=;Suf$u})lJB:!qKN:7Y She also advises clients on the extra-territorial application of trade compliance-related regulations in cross-border transactions. Companies will need to ensure that shipping and other relevant personnel are trained on the new EEI and AES requirements to avoid unnecessary administrative violations of EAR and Census Foreign Trade Regulations. These parties have been determined by the U.S. Government to be 'military end users,' as defined in Section 744.21 (g) of the EAR, and represent an unacceptable risk of use in or diversion to a 'military end use' or 'military end user' in China, Russia, or Venezuela.

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