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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Rules and Regulations D:1
National security
Country

D:3
Chemical &
biological
D:2
Nuclear

D:4
Missile technology

D:5
U.S. Arms embargoed countries 1

1 Note
to Country Group D:5: Countries subject to U.S. arms embargoes are identified by the State Department through notices published in the FEDERAL REGISTER. The list of arms embargoed destinations in this table is drawn from 22 CFR 126.1 and State Department FEDERAL REGISTER notices related to arms embargoes compiled at http www.pmddtc.state.gov/embargoed_countries/index.html and will be amended when the State Department publishes subsequent notices. If there are any discrepancies between the list of countries in this table and the countries identified by the State Department as subject to a U.S. arms embargo in the FEDERAL REGISTER, the State Departments list of countries subject to U.S. arms embargoes shall be controlling.

PART 742CONTROL POLICYCCL
BASED CONTROLS
4. The authority citation for part 742
continues to read as follows:

Authority: 50 U.S.C. 48014852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L.
10811, 117 Stat. 559; E.O. 12058, 43 FR
20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994
Comp., p. 950; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783;
Presidential Determination 200323, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Notice of November 12, 2019, 84 FR 61817 November 13, 2019.

5. Section 742.4 is amended by revising paragraph b 7 to read as follows:

742.4

National security.

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b
7i For Burma, the Peoples Republic of China China, the Russian Federation, and Venezuela, all applications will be reviewed to determine the risk of diversion to a military end user or military end use.
There is a general policy of approval for license applications to export, reexport, or transfer items determined to be for civil end users for civil end uses. There is a presumption of denial for license applications to export, reexport, or transfer items that would make a material contribution to the development, production, maintenance, repair, or operation of weapons systems, subsystems, and assemblies, such as, but not limited to, those described in supplement no. 7 to part 742 of the EAR, of Burma, China, the Russian Federation, or Venezuela.
ii The following factors are among those that will be considered in reviewing license applications described in paragraph b7i of this section:
A The appropriateness of the export, reexport, or transfer for the stated end use;

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B The significance of the item for the weapon systems capabilities of the importing country;
C Whether any party is a military end user as defined in 744.21g of the EAR;
D The reliability of the parties to the transaction, including whether:
1 An export or reexport license application has previously been denied;
2 Any parties are or have been engaged in unlawful procurement or diversion activities;
3 The parties are capable of securely handling and storing the items; and 4 End-use checks have been and may be conducted by BIS or another U.S. government agency on parties to the transaction;
E The involvement of any party to the transaction in military activities, including activities involving the development, production, maintenance, repair, or operation of weapons systems, subsystems, and assemblies;
F Government strategies and policies that support the diversion of exports from their stated civil end use and redirection towards military end use.
G The scope and effectiveness of the export control system in the importing country; and iii The review will also include an assessment of the impact of a proposed export of an item on the United States defense industrial base and the denial of an application for a license that would have a significant negative impact, as defined in 1756d3 of the Export Control Reform Act of 2018 50 U.S.C.
4815d3, on such defense industrial base.

PART 744CONTROL POLICY: ENDUSER AND END-USE BASED
6. The authority citation for part 744
continues to read as follows:

Authority: 50 U.S.C. 48014852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR
20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994

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Comp., p. 950; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR
45167, 3 CFR, 1998 Comp., p. 208; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13224, 66 FR 49079, 3 CFR, 2001
Comp., p. 786; Notice of September 18, 2020, 85 FR 59641 September 22, 2020; Notice of November 12, 2020, 85 FR 72897 November 13, 2020.

7. Section 744.21 is revised to read as follows:

744.21 Restrictions on certain military end use or military end user in Burma, The Peoples Republic of China, The Russian Federation, or Venezuela.

a General prohibition. In addition to the license requirements for items specified on the Commerce Control List CCL, you may not export, reexport, or transfer in-country any item subject to the EAR listed in supplement no. 2 to part 744 to Burma, the Peoples Republic of China China, the Russian Federation, or Venezuela without a license if, at the time of the export, reexport, or transfer in-country, you have knowledge, as defined in 772.1
of the EAR, that the item is intended, entirely or in part, for a military end use, as defined in paragraph f of this section, or military end user, as defined in paragraph g of this section, in Burma, China, the Russian Federation, or Venezuela.
b Additional prohibition on those informed by BIS. BIS may inform you either individually by specific notice, through amendment to the EAR
published in the Federal Register, or through a separate notice published in the Federal Register, that a license is required for specific exports, reexports, or transfers in-country of any item because there is an unacceptable risk of use in or diversion to a military end use or military end user in Burma, China, the Russian Federation, or Venezuela. Specific notice will be given only by, or at the direction of, the Deputy Assistant Secretary for Export Administration. When such notice is provided orally, it will be followed by written notice within two working days signed by the Deputy Assistant Secretary for Export Administration or the Deputy Assistant Secretarys
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