On April 9, 2021, BIS issued an interim final rule to make corrections and changes to its January 15, 2021 interim final rule establishing new end-use and end-user controls with respect to certain military-intelligence end uses and end users.
Our prior updates on these restrictions can be found here and here.
In addition to amending certain definitions, the rule amends the EAR to restrict U.S. persons’ activities in connection with military-intelligence end uses and end users in Burma. This change imposes a license requirement on the export, reexport, or transfer (in-country) of items subject to the EAR if the item is destined for a military-intelligence end use or end user in Burma. Specifically, BIS identified Burma’s Office of Chief Military Security Affairs as an entity subject to the new licensing restrictions.
BIS has also added Burma to the list of countries in which U.S. persons are prohibited from supporting military-intelligence end uses or end users, even when such support does not involve items subject to the EAR. These updates serve to impose additional restrictions on exports to Burma in response to the military coup and escalating violence.