Industrial Policy & Trade Monitor· 2670 actions· ✨ 89 recent

The US Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) by adding 37 entities under 40 entries to the Entity List, effective December 17, 2021. The additions span three distinct threat rationales: (1) support for Chinese military modernization across semiconductors, submarine cables, armored vehicles, and defense electronics; (2) the Academy of Military Medical Sciences and 11 affiliated institutes pursuing biotechnology processes for military end uses, including purported brain-control weaponry under EAR §744.11(b); and (3) a cross-border Iran sanctions-evasion network operating across China, Georgia, Malaysia, and Turkey that diverted US-origin items to Iran's defense industries and advanced conventional weapons programs. All 40 entries carry a presumption-of-denial licensing policy for all items subject to the EAR, with no license exceptions available.

In a final rule effective December 9, 2021 (FR Doc 2021-26633), the Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to add Cambodia to Country Group D:5 (US arms-embargoed destinations), consistent with a simultaneous Department of State final rule adding Cambodia to ITAR §126.1. The rule also subjects Cambodia to military end-use (MEU) controls under EAR §744.21 and military-intelligence end-use/end-user (MIEU) controls under EAR §744.22. The stated rationale was deepening Chinese military presence at Ream Naval Base, growing corruption, and human-rights abuses by the Cambodian government.

The US Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) effective November 26, 2021, by adding 28 entries to the Entity List across China (12), Japan (1), Pakistan (13 including 2 individuals), Singapore (1), and Taiwan (1). Designations span three distinct threat clusters: (1) eight Chinese entities supporting military applications of quantum computing, including QuantumCTek Co. and the Hefei National Laboratory for Physical Sciences at Microscale; (2) approximately twelve Pakistani procurement entities and three Chinese suppliers facilitating Pakistan's unsafeguarded nuclear activities and ballistic missile program; and (3) the Corad Technology network across China, Japan, Singapore, and Taiwan that sold Western technology to Iran's military/space programs and North Korean front companies. Additionally, the Moscow Institute of Physics and Technology was added to the Military End-User (MEU) List for producing military products. All Entity List entries carry presumption-of-denial licensing policy with no exceptions available.

The Bureau of Industry and Security (BIS) published a final rule on August 19, 2021 (FR Doc 2021-17647, RIN 0694-AF47) making technical corrections and clarifications to the January 23, 2020 rule that transferred firearms, guns, and ammunition from USML Categories I, II, and III under the International Traffic in Arms Regulations (ITAR) to the Commerce Control List (CCL). Corrections address cross-reference errors, clarify Firearms Convention Import Certificate validity periods relative to BIS license periods, simplify commodity description requirements in electronic export filings, and add technical notes on controlled items (e.g. BMG cartridges, barrel blanks). ECCN 0A018 is removed as unused; ECCN 0A501.y.2–.y.5 entries are reserved. The rule is effective September 20, 2021.

The Bureau of Industry and Security (BIS) added four Burma-based entities to the Entity List effective July 6, 2021 under the Export Administration Regulations (EAR), citing their support for the Myanmar State Administration Council (SAC) military that seized power on February 1, 2021. The listing covers King Royal Technologies Co., Ltd. (satellite communications services for the Burmese military) and three Wanbao-affiliated copper mining companies (Myanmar Wanbao Mining Copper Ltd., Myanmar Yang Tse Copper Ltd., and Wanbao Mining Ltd.) that maintain revenue-sharing arrangements with Myanmar Economic Holdings Limited (MEHL), a military conglomerate that funds Burma's Ministry of Defence. All four entities face a presumption-of-denial license policy with no exceptions permitted for any items subject to the EAR.

On June 1, 2021, the Bureau of Industry and Security (BIS) published FR Doc 2021-11585 (86 FR 29189) notifying the public that, effective May 26, 2021, BIS had assumed jurisdiction over certain firearms-related "technology" and "software" — specifically digital files (CAD/AMF/G-code) for 3D-printed firearms and CNC milling instruction files — under ECCNs 0D501 and 0E501 of the Export Administration Regulations (EAR). The transfer was triggered by the Ninth Circuit's April 27, 2021 vacatur of a March 6, 2020 district-court preliminary injunction that had blocked the technology/software prong of the broader January 23, 2020 USML-to-CCL transfer rule. Internet posting of such files now requires a BIS license (review policy: denial), completing the full implementation of the January 2020 rule transferring USML Categories I–III (firearms, guns, and ammunition) from ITAR/State Department to EAR/Commerce jurisdiction.

Denmark's foundational cross-sector horizontal FDI screening statute. Lov nr 842 of 10 May 2021 — investeringsscreeningsloven — was adopted by the Folketing on 4 May 2021, signed on 10 May 2021, and entered into force on 1 July 2021 (with application to transactions implemented from 1 September 2021). The Act is administered by Erhvervsstyrelsen (Danish Business Authority) and combines (i) a mandatory pre-closing authorisation regime for foreign investments in "particularly sensitive sectors" — defence, dual-use products, IT-security functions/services, critical technology, critical infrastructure — triggered at 10% ownership / voting rights or equivalent control, with (ii) a voluntary notification scheme (typically engaged at 25%+) for foreign investments and special economic agreements in other sectors. Enforcement runs through blocking orders, unwinding orders, and criminal sanctions including fines and imprisonment. Structural peer of the US CFIUS regime, EU Regulation 2019/452, the German AWG §§55-62, the French Décret 2014-479 / R. 151-1 et seq., the UK NSI Act 2021, the Netherlands Wet Vifo, the Italian Golden Power Decree, and the Swedish FDI screening regime.

The National Security and Investment Act 2021 (c.25), receiving Royal Assent on 29 April 2021 and entering full force on 4 January 2022, created the UK's first standalone investment-screening regime, separating national-security review from the Competition and Markets Authority merger-control process. The Act empowers the Secretary of State to call in any acquisition of "control or influence" over a qualifying entity or asset on national-security grounds, and designates 17 sensitive sectors in which acquisitions crossing 25%/50%/75% share-or-voting-rights thresholds (or material influence) require mandatory pre-completion notification to the Investment Security Unit (Cabinet Office); completion before clearance is void and criminal sanctions of up to 5 years imprisonment apply to non-notifying parties. The Act is the structural peer of US CFIUS/FIRRMA (2018), EU Regulation 2019/452, Germany AWG §§55–62, France Décret 2014-479, Netherlands Wet Vifo, and the broader allied FDI-screening parent-statute lattice, and the enabling statute under which all UK mandatory-notification schedule amendments operate.

The U.S. Bureau of Industry and Security (BIS) added seven Chinese supercomputing entities to the Entity List, imposing a license requirement covering all items subject to the Export Administration Regulations (EAR) with a presumption of denial. The entities were designated for procuring and building supercomputers used by China's military actors, supporting China's military modernization, and aiding the development of weapons of mass destruction (WMD) and hypersonic weapons programs. This was the Biden administration's first Entity List action targeting China's supercomputing sector.

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) on April 9, 2021 to extend military-intelligence end-use and end-user controls to Burma (Myanmar) and to apply U.S.-person activity prohibitions to Burma's military-intelligence entities — specifically the Office of Chief of Military Security Affairs (OCMSA) and the Directorate of Signal. The rule also corrected technical errors introduced by BIS's January 15, 2021 interim final rule (FR Doc 2021-01879), which had originally established the military-intelligence end-use and end-user control framework covering China, Cuba, Iran, North Korea, Russia, Syria, and Venezuela. The addition of Burma responded directly to the February 1, 2021 SAC military coup and the Burmese military's use of surveillance technology to oppress civil society, restrict internet access, and imprison protesters.

BIS amended the Commerce Control List (CCL) under the Export Administration Regulations (EAR) to implement decisions agreed at the December 2019 Wassenaar Arrangement Plenary meeting, revising 22 ECCNs across nine CCL categories — including nuclear and conventional arms-related items, materials, manufacturing equipment, semiconductors, laser/sensor systems, and aerospace. The rule harmonises US controls with those of Wassenaar Participating States, maintaining competitive parity among allied exporters while preserving national-security licensing for non-partner destinations. Separately, the rule eliminated email notification and self-classification reporting obligations for most mass-market encryption products and publicly available encryption source code, reducing associated compliance submissions by an estimated 60–80%.

The Bureau of Industry and Security (BIS) added four entities to the Entity List effective March 8, 2021 as the first BIS Export Administration Regulations (EAR) response to the February 1, 2021 Burmese military coup. The four listed entities are Burma's Ministry of Defence (MoD), Ministry of Home Affairs (MOHA), Myanmar Economic Corporation (MEC), and Myanmar Economic Holdings Limited (MEHL) — the two ministries responsible for the coup and the two military-owned commercial conglomerates that generate revenue for the Ministry of Defence. All four entities face a presumption-of-denial license review policy covering all items subject to the EAR, with no license exceptions available.

The US Bureau of Industry and Security added 14 entities across Russia, Germany, and Switzerland to the Entity List under 15 CFR Part 744, effective March 4, 2021. Ten Russian entities — including the 27th Scientific Center of the Russian Ministry of Defense (associated with Russia's chemical weapons activities) and nine members of the Chimmed Group distribution network (Chimmed Group, Femteco, Interlab, LabInvest, OOO Analit Products, OOO Intertech Instruments, Pharmcontract GC, Rau Farm, Regionsnab) — were listed for proliferation activities supporting Russia's WMD programs. Three German entities (Chimconnect GmbH, Pharmcontract GmbH, Riol-Chemie) and one Swiss entity (Chimconnect AG) were simultaneously listed as foreign-front nodes in the same procurement network. A license is required for all EAR-subject items; no license exceptions apply. The rule also corrects six pre-existing entries (one Germany, five China).

The Biden administration on 2 March 2021 determined, pursuant to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act), that Russia used a Novichok-class nerve agent against opposition figure Alexei Navalny in August 2020 — the third CBW Act invocation against Russia (after Salisbury 2018 and its follow-on 2019 round). The determination triggered mandatory statutory sanctions including termination of US foreign assistance to Russia (except humanitarian aid and food/agricultural commodities), suspension of US arms and defense-article sales and export authorisations to Russia, and denial of US government credit and financial assistance. Seven Russian government officials linked to the poisoning were concurrently designated by Treasury/OFAC. The measures take effect after a mandatory 15-day congressional notification period and remain in force for at least 12 months unless Russia certifies Chemical Weapons Convention compliance and takes other required steps.

Czech Republic's foundational horizontal FDI screening statute. Zákon č. 34/2021 Sb., o prověřování zahraničních investic — adopted by Parliament in January 2021, published in Sbírka zákonů on 29 January 2021, and entered into force on 1 May 2021 — transposes the cooperation obligations of EU Regulation 2019/452 and creates the first cross-sector pre-clearance regime for non-EU investments into Czech firms. The Act is administered by the Ministerstvo průmyslu a obchodu (MPO) and combines (i) a mandatory ex-ante consent regime for non-EU investments acquiring ≥10% in companies producing military material, selected dual-use goods, or operating critical / critical-information infrastructure, with (ii) a discretionary ex-officio review available up to 5 years post-closing for any other "public-order or internal-security" sensitive investment. The Government decides on MPO's recommendation; remedies include conditions, prohibition, and forced divestment, with fines up to 1% of the global net turnover of the foreign investor.

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) by adding China National Offshore Oil Corporation Ltd. (CNOOC) to the Entity List on the basis of its involvement in the PRC's unlawful maritime claims in the South China Sea and efforts to intimidate and coerce other South China Sea coastal states. In the same rule, Beijing Skyrizon Aviation Industry Investment Co., Ltd. was added to the Military End-User (MEU) List, while two Russian entities (Vsmpo-Avisma and Molot Oruzhie) were removed from the MEU List as duplicate entries. The rule took effect January 14, 2021, one day before publication in the Federal Register.

The Bureau of Industry and Security (BIS) issued an interim final rule on January 15, 2021 substantially expanding the Export Administration Regulations (EAR) Part 744 end-use and end-user control framework to cover military-intelligence entities in China, Cuba, Iran, North Korea, Russia, Syria, and Venezuela. The rule created a new license requirement for exports of ANY EAR-subject item to named military-intelligence end-users — including EAR99-classified items — and separately imposed restrictions on U.S. persons worldwide providing "support" to military-intelligence end-uses or end-users without a BIS licence. It also broadened chemical and biological weapons controls from "will directly assist" to "will support," expanding the reach of §744.4 and §744.3 on WMD-delivery systems. A technical correction published March 17, 2021 (FR Doc 2021-05623) fixed a drafting error in Instruction 9 that would have inadvertently deleted §744.3(a)(3)(i)-(ii), the rocket systems and UAV provisions.

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) §742.5 to change the license review policy for a subset of MTCR Category I unmanned aerial systems (UAS). UAS that meet the Category I thresholds (payload ≥500 kg, range ≥300 km) but have a maximum true airspeed below 800 km/h will now be reviewed on a case-by-case basis under the more permissive MTCR Category II review policy, rather than under the strict Category I presumption-of-denial. The rule implements the UAS export policy announced by President Trump on 24 July 2020, and is intended to improve the commercial viability of US-made heavy subsonic UAS exports to allied customers while preserving oversight via per-licence review.

The Bureau of Industry and Security (BIS) extended for one year the temporary unilateral export control on software classified as ECCN 0D521 — "software specially designed for training a Deep Convolutional Neural Network to automate the analysis of geospatial imagery and point clouds" — adding a second year of control through January 6, 2022. The extension was required because COVID-19 prevented the Wassenaar Arrangement from formally convening in 2020 to consider the US multilateral control proposal submitted that year. Only License Exception GOV (§ 740.11(b)(2)(ii)) is available; all other exports require a specific licence from BIS.