As a reminder, because of ongoing Chinese threats to Hong Kong independence, Hong Kong is now treated as any other city in China. Any items that required a license for export to China requires a license for Hong Kong. Any license exceptions used to export to Hong Kong must also include China as an eligible destination.
The Commerce Department has also published a Military End-Users list, which initially includes entities in China (Hong Kong Inclusive) and Russia but will also include entities in Venezuela in the future. This rule added 102 military end users to the MEU List consisting of 57 in China and 45 in Russia. However, the establishment of the MEU List does not imply that other parties, not included on the list, are not subject to the military end-use and military end user controls under the EAR. Exports of items with certain classifications previously permitted to be exported No License Required, requireas a license which will be reviewed with a presumption of denial. Before exporting to China, including Hong Kong, you must review the Military End-User list, along with the list of classifications which are restricted. The list of classifications can be found in Supplement No. 2 To Part 744 – List Of Items Subject To The Military End-Use Or End User License Requirement Of §744.21. https://www.bis.doc.gov/index.php/documents/regulations-docs/2343-part-744-control-policy-end-user-and-end-use-based-2/file.
A non-comprehensive list of military end-users can be found at: https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=9ae4a21068f2bd41d4a5aee843b63ef1&ty=HTML&h=L&n=15y126.96.36.199.28&r=PART#ap15.2.744_122.4
There is also now a requirement for an EEI filing for all exports to China, Russia, or Venezuela, regardless of value, for all items described under an ECCN in the Commerce Control List.
This Blog is made available by Wilmarth & Associates for educational purposes as well as to give you general information and a general understanding of export law and compliance, not to provide specific legal advice. This blog is not legal advice and should not be treated as such. You must not rely on this blog as an alternative to legal advice from your attorney or other professional legal services provider. The information provided on this website is presented “as is” without any representations or warranties, express or implied.