THE EAR’S NEW MILITARY END USE AND MILITARY END USER RESTRICTIONS: WHAT ARE THEY AND HOW TO COPE
OCCURRED ON FRIDAY | OCTOBER 9, 2020 | 11:00 AM ET
- The EAR’s New Military End Use and Military End User Restrictions: What Are They and How to Cope. Of the many new export control restrictions that the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has taken this year with respect to China, arguably the most far-reaching is its new military end use/military end user restrictions that it announced in the June 3 Federal Register. Among other things, these new restrictions in EAR § 744.21 impose a licensing requirement for exports, reexports, or transfers within China to any person or entity whose actions or functions support “military end uses,” i.e., that supports or contributes to the operation, installation, maintenance, repair, overhaul, refurbishing, “development,” or “production,” of military items described on the USML, or items classified under ECCNs ending in “A018” or under “600 series” ECCNs. Because these licensing requirements apply to any exporters, reexporter, or transferor who has “knowledge” that the consignee engages in such activities, they impose particularly onerous due diligence burdens.
- Export control licensing staff, marketing and procurement staff, and other compliance personnel should attend this session to understand:
- How EAR § 744.21 defines “military end use” and “military end users”;
- What BIS’ license review standards and practices are regarding proposed transactions with military end users in China, Russia, and Venezuela; and
- Steps for conducting the required due diligence with Chinese customers and suppliers.
SPEAKERS: Gary Stanley, President| Global Legal Services