Blog Archives

DDTC to Present Webinar on Preparing and Submitting ITAR Agreements

Join the Directorate of Defense Trade Controls (DDTC) IT modernization team in coordination with the U.S. Census Bureau for a WebEx based Webinar covering Tips, Tricks and Tradcraft for submitting ITAR Technical Assistance Agreements (TAAs) and other Agreements as described in §124.1 of the ITAR through the Defense Export Compliance and Control System (DECCS). Specifics are as follows: Tuesday, June 8, 2021 Time: 2:00 – 3:00 p.m. (EDT)Event number: 199 677 9965Event password, if requested: #Census1*If required, this password is only for users who join from a WebEx application or mobile app. Dial-in number: 888-957-9861Participant passcode: 5245072 # Computer AudioFor 1-way listen only computer audio, please click Audio Broadcast button in WebEx. If it does […]

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BIS Ramps Up Export Controls on Burma

In response to the recent military coup, the U.S. Department of Commerce announced in a FEDERAL REGISTER final rule published February 17, 2021, new enhanced export controls on exports, re-exports or transfers of EAR jurisdiction items to Burma. Under the new Burma policy, all export license applications for products, software, or technology destined to the Burmese Ministry of Defense, Ministry of Home Affairs, Armed Forces and Security Services will be subject an application review policy of “presumption of denial. “ In addition to the above, effective February 17, 2021, the following license exceptions may no longer be used for exports, re-exports or transfers of EAR jurisdiction items: • Shipments of […]

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Regulatory Update: BIS moves Mexico and Cyprus to Country Group A:6 making them eligible for license exception STA [EAR Part 740.20 (c)(2)], Ukraine moved from Group D to Country Group B opening up a less restrictive licensing policy and potential use of license exceptions previously unavailable.

In a final rule published and effective December 28, 2020 the Department of Commerce, Bureau of Industry and Security amended the Export Administration Regulations, revising Country Group designations for Ukraine, Cyprus and Mexico. The following most important changes became effective December 28, 2020: Ukraine: Was removed from Group D:1 as a result of that country’s cooperation with the United States on a “variety of export control matters” and moved to Group B. Placing Ukraine in Group B in combination with the removal of Group D status and Ukraine’s inclusion in Groups A:2, A:3 and A:4 makes that country eligible for certain license exceptions when applicable conditions are met, and restrictions […]

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BIS Published Final Rule Creating List of Military End Users in China, Russia and Venezuela that Require Licenses under Newly Expanded Part 744.21 Military End User/End Use Rule

On December 23, 2020, the Bureau of Industry and Security Published a Final Rule creating a new Supplement 7 to Part 744 Military End User (MEU) list. The list contains names and addresses of one hundred and two entities [57 in China and 45 in Russia] that BIS has determined to be military end users thus requiring a licensing for all items listed in Supplement 2 to Part 744 of the EAR that are exported, re-exported or transferred (in country) to these entities in China, Russia or Venezuela. In the announcement BIS makes a point of noting that this is just the first tranche of entities to be listed in […]

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BIS Offering Expedited 6-Month Extension on Licenses due to Expire by Year end

On Saturday, October 17th, 2020 the Department of Commerce, Bureau of Industry and Security (BIS) posted Guidance on its website informing exporters that the agency has set up an expedited process to obtain a 6-month extension on unused portions of export licenses due to expire by December 31, 2020. While extensions can always be requested in any year, BIS is through its guidance specifically highlighting the opportunity to extend licenses in this period of economic uncertainty due to the COVID-19 pandemic. And the agency has set up a special e-mail address [LicenseExtensionRequest@bis.doc.gov.] for submission of license extension requests. The agency has stated that extension requests will, in most cases, be […]

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BIS Adopts a “one China” policy regarding license exceptions for Hong Kong

Effective immediately (June 30, 2020) BIS has suspended use of all license exceptions for exports, re-exports or transfers within Hong Kong of items subject to the EAR unless such items are eligible for the same license exception when exported or re-exported to the Peoples Republic of China. In essense, this new ruling creates a “one China” policy with respect to that manner in which the EAR treats exports, re-exports and transfers within Hong Kong and the Peoples Republic. BIS is providing an allowance for use of Hong Kong license exceptions for shipments on dock for loading, on lighter, laden aboard an exporting or transferring carrier, or en route aboard a […]

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BIS Issues Interpretive Guidance on Implementation of New Military End User Rule

The Bureau of Industry and Security (BIS) has issued new interpretive guidance and FAQs related to the new military end user rule. The guidance makes it very clear that BIS is implementing an extremely broad definition of the term military end user. Extreme due diligence will be required when exporting any product listed in Supplement 2 to Part 744 of the EAR when evaluating whether a license is required. For specific transaction evaluation please contact TSI Global Consulting at 210-757-0618.

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Reminder: EEI filings for exports to China, Russia and Venezuela

The Bureau of Industry and Security has published guidance on its website reminding exporters of the new April 28th ruling that requires exporters to file the EEI through ACE for all exports when exporting products listed on the Commerce Control List (15 CFR Part 774) when exported to China, Russia and Venezuela. EEI will be required regardless of shipment value (i.e. there is no $2500 low value exemption) Effective Dates: June 29, 2020 EEI filings are required for all exports of items listed in Supplement 2 to Part 744. September 27, 2020: EEI filings for items exported to these three countries with an ECCN that is NOT listed in Supplement […]

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US-Mexico-Canada Free Trade Agreement

The U.S.-Mexico-Canada (USMCA) Free Trade Agreement will be formally implemented on July 1, 2020. Links to the official USMCA regulations for each country (in English) are noted below. For commentary and/or assistance in understanding specific aspects of the USMCA, please contact our office at 210-757-0618 United States Implementing Regulations Canada Implementing Regulations Mexico Implementing Regulations

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BIS Expands Export, Re-Export and Transfer Controls for Military End Use or Military End Users in China, Russia and Venezuela.

In a FINAL RULE published in the April 28, 202 version of the Federal Register, the Bureau of Industry and Security announced a tightening and expansion of export controls related to military end users and end use in China, Russia and Venezuela. The new Rule becomes effective June 29, 2020. The key provisions of this new rule include: — Expansion of the licensing requirement in Part 744.21 of the EAR to include military end users in China. The current/previous rule requires licensing for military end use in China. — Broadening the definition of “military end use” by identifying each category of “use” so that that export of commodities, software or […]

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