Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 recent

BIS created a new "Military End User (MEU) List" as Supplement No. 7 to EAR Part 744, adding the first tranche of 102 entities (58 in China, 45 in Russia) determined to pose an unacceptable risk of involvement in military end-uses or diversion to military end-users. The rule operationalises the pre-existing §744.21 MEU prohibition by creating a public positive list that triggers an EAR licence requirement for any item described in Supplement No. 2 to Part 744 when exported, reexported, or transferred to a listed entity in China, Russia, or Venezuela. The initial tranche is dominated by aerospace and defence companies.

The Bureau of Industry and Security added 77 entities (under 78 entries) to the Entity List via a December 22, 2020 final rule (FR Doc 2020-28031). The headline designation is Semiconductor Manufacturing International Corporation (SMIC) — China's largest contract chipmaker — for activities related to military-civil fusion (MCF), with a presumption of denial applied to all items uniquely required to produce chips at advanced nodes of 10 nanometers or below. The batch also covers entities that supported PRC militarisation of artificial islands in the South China Sea and entities implicated in human rights abuses against Uyghurs and other minorities in Xinjiang.

The Bureau of Industry and Security (BIS) amended 15 CFR Part 742 to revise the license review policy for items controlled for National Security (NS) reasons destined to the People's Republic of China, the Russian Federation, and Venezuela. The rule shifts the evaluation standard from assessing contributions to "military capabilities" to whether the export will make a "material contribution to the development, production, maintenance, repair, or operation of weapons systems" of those countries. Venezuela is added to the pre-existing China/Russia NS review framework, and BIS codifies a presumption of approval for civil end-uses and a presumption of denial for weapons-system contributions, supplemented by an illustrative list of review factors to guide license applications.

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) by adding sixty entities under sixty-one entries to the Entity List (Supplement No. 4 to Part 744), effective August 27, 2020. The designated entities, spanning China, Hong Kong, France, Indonesia, Malaysia, Oman, Pakistan, Russia, Switzerland, and the UAE, were found to be acting contrary to US national security or foreign policy interests. The rule also revised five existing entries under Canada, Germany, Hong Kong, Iran, and the UAE.