A preliminary, unpublished list was recently leaked listing 117 entities in China and Russia deemed military end users (https://www.reuters.com/article/usa-china-military-companies-idUSKBN28307Z). This is in furtherance of the recent change to the definition of military end user to any end user whose activities are intended to support or contribute to the operation, installation, maintenance, repair, overhaul, refurbishing, ‘development,’ or ‘production’ of military items as defined in §744.21.
If you export to China, Russia or Venezuela, it is imperative that you vet each of your end-users for possible involvement as a military end-user. The U.S. government has taken the position that the Chinese government forces its industrial members to “share” technology with the Chinese military and that there is no way to preclude exploitation or diversion for military purposes. If your customer in China, Russia or Venezuela has any involvement with the military, however minor, exports of commercial aerospace and other items will require a license which will be reviewed with a presumption of denial.
This regulation change may require you to request end-use/end-user certifications you may not have required in the past for AT only controlled (i.e. 9A991) ECCNs and may require changes to your export Policies and Procedures. If you have any questions regarding this policy, please contact our office.
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