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

The Bureau of Industry and Security (BIS) removed three persons from the Unverified List (UVL) effective January 11, 2021 after completing successful end-use checks that verified their bona fides under §744.15(c)(2) of the Export Administration Regulations (EAR). The three removed parties are DMA Logistics GmbH (Germany), Halm Elektronik GmbH (Germany), and Integrated Production and Test Engineering / IPTE (Mexico). Removal restores eligibility for EAR license exceptions and eliminates the requirement for US exporters to obtain a signed UVL Statement before shipping items subject to the EAR to these parties.

BIS amends the Export Administration Regulations (EAR) Commerce Control List to clarify the scope of ECCN 1C991 (vaccines, immunotoxins, and related medical products containing or derived from controlled biological agents) consistent with release and exclusion notes adopted at the June 2019 Australia Group (AG) Plenary Meeting. The rule adds clarifying language specifying which vaccines and medical products fall inside versus outside the ECCN 1C991 control perimeter, ensuring that routine vaccines produced by standard manufacturing methods are properly excluded. The changes align US controls with the Australia Group Common Control Lists without introducing new country-specific restrictions or license requirements.

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 the Export Administration Regulations (EAR) on 9 October 2020 by removing forty (40) persons from the Unverified List (UVL) and simultaneously adding twenty-six (26) persons. The 40 removals were granted after BIS successfully completed end-use checks verifying bona fides or because the entities were no longer registered to do business in the country of listing. The 26 additions were imposed because BIS could not complete satisfactory end-use verification for reasons outside the US Government's control; entities added to the UVL must provide a signed UVL Statement before receiving items subject to the EAR, and licence exceptions are suspended for those shipments.

BIS published an interim final rule on 5 October 2020 implementing multilateral export controls on six emerging technology categories agreed at the December 2019 Wassenaar Arrangement Plenary meeting, revising Commerce Control List ECCNs 2B001, 3D003, 3E004, 5A004, 5D001, and 9A004. The six technologies are: hybrid additive-manufacturing/CNC machine tools; computational lithography software for extreme-ultraviolet (EUV) mask fabrication; wafer-finishing technology for 5 nm-node production; digital forensics tools that circumvent device authentication to extract raw data; software for monitoring and analysis of communications acquired from a handover interface; and sub-orbital craft. As the first of two US implementing actions for the 2019 Wassenaar Plenary, this rule elevated nascent commercial technologies into permanent CCL classifications enforceable against all non-EAR99 destinations.