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Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations ii BIS action. The Deputy Assistant Secretary for Export Administration will convey the decision on the request to the requester in writing. That decision will be the final agency action on the request.
c License exception. Despite the prohibitions described in paragraphs a and b of this section, you may export, reexport, or transfer in-country items subject to the EAR under the provisions of License Exception GOV set forth in 740.11b2i and ii of the EAR.
d License application procedure.
When submitting a license application pursuant to this section, you must state in the additional information block of the application that this application is submitted because of the license requirement in 744.21 of the EAR
Restrictions on a Military End Use or Military End User in Burma, Cambodia, the Peoples Republic of China, the Russian Federation, or Venezuela. In addition, either in the additional information block of the application or in an attachment to the application, you must include all known information concerning the military end use and military end users of the items. If you submit an attachment with your license application, you must reference the attachment in the additional information block of the application.
e License review standards. 1
Applications to export, reexport, or transfer in-country items described in paragraph a of this section will be reviewed with a presumption of denial.
2 Applications may be reviewed under chemical and biological weapons, nuclear nonproliferation, or missile technology review policies, as set forth in 742.2b4, 742.3b4, and 742.5b4 of the EAR, if the end use may involve certain proliferation activities.
3 Applications for items requiring a license for any reason that are destined to Burma, Cambodia, China, the Russian Federation, or Venezuela for a military end use or military end user also will be subject to the review policy stated in paragraph e1 of this section.
f Military end use. In this section, military end use means: Incorporation into a military item described on the U.S. Munitions List USML 22 CFR
part 121, International Traffic in Arms Regulations; incorporation into items classified under Export Control Classification Numbers ECCNs ending in A018 or under 600 series ECCNs;
or any item that supports or contributes to the operation, installation, maintenance, repair, overhaul, refurbishing, development, or production, of military items
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described on the USML, or items classified under ECCNs ending in A018 or under 600 series ECCNs.
g Military end user. In this section, the term military end user means the national armed services army, navy, marine, air force, or coast guard, as well as the national guard and national police, government intelligence or reconnaissance organizations, or any person or entity whose actions or functions are intended to support military end uses as defined in paragraph f of this section.
h Effects on contracts. Venezuela:
Transactions involving the export, reexport, or transfer in country of items to or within Venezuela are not subject to the provisions of this section if the contracts for such transactions were signed prior to November 7, 2014.
8. Section 744.22 is revised to read as follows:
744.22 Restrictions on exports, reexports, and transfers in-country to certain military-intelligence end uses or end users.

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 without a license from BIS
if, at the time of the export, reexport, or transfer in-country, you have knowledge that the item is intended, entirely or in part, for a militaryintelligence end use or a militaryintelligence end user in Burma, Cambodia, the Peoples Republic of China 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.
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 subject to the EAR because there is an unacceptable risk of use in, or diversion to, a military-intelligence end use or a military-intelligence end user in Burma, Cambodia, China, Russia, or Venezuela; or a country listed in Country Group E:1 or E:2 see supplement no. 1 to part 740 of the EAR.
c License exception.
Notwithstanding the prohibitions described in paragraphs a and b of this section, you may export, reexport, or transfer in-country items subject to
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the EAR under the provision of License Exception GOV set forth in 740.11b2ii of the EAR.
d License application procedure.
When submitting a license application pursuant to this section, you must state in the additional information block of the application that this application is submitted because of the license requirement in 744.22 of the EAR
Restrictions on exports, reexports, and transfers in-country to certain militaryintelligence end uses or end users. In addition, either in the additional information block of the application or in an attachment to the application, you must include all known information concerning the military-intelligence end uses or end users of the items. If you submit an attachment with your license application, you must reference the attachment in the additional information block of the application.
e License review policy.
Applications to export, reexport, or transfer in-country items requiring a license pursuant to paragraph a or b of this section will be reviewed with a presumption of denial.
f Definitions. 1 Militaryintelligence end use means the development, production, operation, installation including on-site installation, maintenance checking, repair, overhaul, or refurbishing of, or incorporation into, items described on the U.S. Munitions List USML 22 CFR
part 121, International Traffic in Arms Regulations, or classified under ECCNs ending in A018 or under 600 series ECCNs, which are intended to support the actions or functions of a militaryintelligence end user, as defined in this section.
2 Military-intelligence end user means any intelligence or reconnaissance organization of the armed services army, navy, marine, air force, or coast guard; or national guard.
For license requirements applicable to other government intelligence or reconnaissance organizations in Burma, Cambodia, China, Russia, or Venezuela, see 744.21. Military-intelligence end users subject to the license requirements set forth in this section include, but are not limited to, the following:
i Burma. Office of Chief of Military Security Affairs OCMSA and the Directorate of Signal.
ii Cambodia. General Department of Research and Intelligence GDRI.
iii Cuba. Directorate of Military Intelligence DIM and Directorate of Military Counterintelligence CIM.
iv China, Peoples Republic of.
Intelligence Bureau of the Joint Staff Department.

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