BIS Rule to Require Licenses to Export Any EAR Item to Certain Chinese Entities

Starting Sept. 20, the Bureau of Industry and Security will require export licenses for all items subject to the Export Administration Regulations, including “EAR99” items, for shipments to 12 Chinese entities, BIS said in a final rule (here). Current license requirements for the 12 entities exclude “EAR99” items. BIS is issuing the rule to prevent certain encryption items from export, re-export, or transfer to certain prohibited end-users without a license, it said. BIS announced in a separate rule (here) it is moving items under Export Control Classification Numbers 5A992.a, 5A992.b, 5D992.a, 5D992.b, and 5E992.a, in the Commerce Control List, to “EAR99” designations. The rule requiring licenses to export to the Chinese entities covers those items being moved.