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Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
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;
and G The scope and effectiveness of the export control system in the importing country.
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 section 1756d3 of the Export Control Reform Act of 2018 50
U.S.C. 4815d3, on such defense industrial base.

PART 744AMENDED
5. 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
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 15, 2021, 86 FR 52069 September 17, 2021; Notice of November 10, 2021, 86 FR 62891 November 12, 2021.

6. Section 744.6 is amended by revising paragraph b5 to read as follows:

744.6 Restrictions on specific activities of U.S. persons.

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b
5 A military-intelligence end use or a military-intelligence end user, as defined in 744.22f, in Burma, Cambodia, the Peoples Republic of China, Russia, or Venezuela; or a country listed in Country Groups E:1 or E:2 see supplement no. 1 to part 740 of the EAR.

7. Section 744.21 is revised to read as follows:

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744.21 Restrictions on Certain military end use or military end user in Burma, Cambodia, 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 supplement no. 1 to part 774 of the EAR, you may not export, reexport, or transfer in-country any item subject to the EAR listed in supplement no. 2
to this part to Burma, Cambodia, 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, Cambodia, 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 notification 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, Cambodia, 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 designee. The absence of BIS
notification does not excuse the exporter from compliance with the license requirements of paragraph a of this section.
1 Military End-User MEU List. BIS
may inform and provide notice to the public that certain entities are subject to the additional prohibition described under this paragraph b following a determination by the End-User Review Committee ERC that a specific entity is a military end user pursuant to this section and therefore any exports, reexports, or transfers in-country to that entity represent an unacceptable risk of use in or diversion to a military end use or military end user in Burma, Cambodia, China, the Russian Federation, or Venezuela. Such entities may be added to supplement no. 7 to this partMilitary End-User MEU

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List through Federal Register notifications published by BIS and will thus be subject to a license requirement for exports, reexports, or transfers incountry of items specified in supplement no. 2 to this part. The listing of entities under supplement no.
7 to this part is not an exhaustive listing of military end users for purposes of this section. Exporters, reexporters, and transferors are responsible for determining whether transactions with entities not listed on supplement no. 7
to this part are subject to a license requirement under paragraph a of this section. The process in this paragraph b1 for placing entities on the MEU
List is only one method BIS may use to inform exporters, reexporters, and transferors of license requirements under this section.
i End-User Review Committee ERC.
The End-User Review Committee ERC, composed of representatives of the Departments of Commerce Chair, State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the MEU List. Decisions by the ERC for purposes of the MEU List will be made following the procedures identified in this section and in supplement no. 5 to this partProcedures for End-User Review Committee Entity List and Military End User MEU List Decisions.
ii License requirement for parties to the transaction. The license requirement for entities listed in supplement no. 7 to this part applies to the export, reexport, or transfer in-country of any item subject to the EAR listed in supplement no. 2 to this part when an entity that is listed on the MEU List is a party to the transaction as described in 748.5c through f of the EAR.
2 Requests for removal from or modification of Military End-User MEU List. Any entity listed on the MEU List may request that its listing be removed or modified. All such requests, including reasons therefor, must be in writing and sent to: Chair, End-User Review Committee, Bureau of Industry and Security, U.S. Department of Commerce, 14th Street and Pennsylvania Avenue NW, Room 3886, Washington, DC 20230; or by email at ERC@bis.doc.gov. In order for an entity listed on the MEU List to petition BIS
for their removal or modification, as applicable, the entity must address why the entity is not a military end user for purposes of this section.
i Review. The ERC will review such requests for removal or modification in accordance with the procedures set forth in supplement no. 5 to this part.

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