Industrial Policy & Trade Monitor· 2667 actions· ✨ 89 recent

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 Bureau of Industry and Security amended the Export Administration Regulations by adding six Russian technology entities to the Entity List, all designated consistent with Executive Order 14024 on blocking property associated with harmful foreign activities of the Russian government. The designated entities operate in Russia's technology sector and have been determined to support Russian intelligence services, including notable cybersecurity firms and defense-innovation institutions. All items subject to the EAR require a BIS licence for export, reexport, or transfer to these parties, subject to a presumption-of-denial review policy with no licence exceptions available. The rule also corrects an existing FSB entry to reference updated General Licence No. 1B.

The German Federal Government adopted the 17th amendment to the Außenwirtschaftsverordnung (AWV, Foreign Trade and Payments Ordinance), published 30 April 2021 and entering into force 1 May 2021, aligning Germany's FDI screening regime with EU Regulation 2019/452. The amendment adds 16 further sectors to the sector-specific mandatory-notification regime, on top of the 11 already covered, bringing the total to 27 -- including AI, robotics, autonomous vehicles/drones, semiconductors, quantum technology, satellite systems, cybersecurity, and critical raw materials. Filing thresholds are voting-rights acquisitions of 10% or more by a non-EU/EFTA investor in the newly added sectors, with subsequent review triggers at 20%, 25%, 40%, 50% and 75%.

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.

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.