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BIS Proposes to Expand, Revise its Export/Reexport Controls for China, Etc. (Part I)

The Bureau of Industry and Security (BIS) has issued a proposed rule to amend the Export Administration Regulations (EAR) by expanding and revising U.S. licensing requirements and licensing policy on exports and reexports of goods and technology to the People's Republic of China (PRC), etc.

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According to BIS, the proposed amendments include:

  1. a revision to the licensing review policy for items controlled on the Commerce Control List (CCL) for reasons of national security, including a new control based on knowledge of a military end-use on exports to the PRC of certain CCL items that otherwise do not require a license to the PRC;
  2. a revision of the licensing review policy for items controlled for reasons of chemical and biological proliferation, nuclear nonproliferation, and missile technology for export to the PRC;
  3. the creation of a new authorization for validated end-users in certain destinations, including the PRC, to whom certain, specified items may be exported or reexported;
  4. a requirement that exporters obtain an End-User Certificate, issued by the PRC Ministry of Commerce, for all items that both require a license to the PRC for any reason and exceed a total value of $5,000; and
  5. elimination of the current requirement that exporters submit PRC End-User Certificates to BIS with their license applications but provides that they must retain them for five years.

- written comments due by November 3, 2006

BIS contact - Bernard Kritzer (202) 482-0092

BIS proposed rule (FR Pub 07/06/06, D/N 060622180-6180-01) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/E6-10504.htm.