On June 25, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) announced that it would be delaying the effective date for certain filing requirements set forth in April 2020 regulations on military-related exports to China, Russia and Venezuela. After significant pushback from industry representatives that more time was needed to transition to the additional Electronic Export Information (EEI) filing requirements, BIS has delayed implementing and enforcing one aspect of the regulation until September 27, 2020. Other aspects of the April rulemaking will still become effective on June 29, 2020
In April 2020, BIS issued a final rule intended to prevent efforts by entities in China, Russia and Venezuela from acquiring U.S. technology that could be used in the development of weapons, military aircraft or surveillance technology through civilian supply chains or under civilian-use pretenses. See Trump and Trade Update of April 28, 2020. This rule expands licensing requirement controls on China, Russia and Venezuela to cover “military end users” in all three countries, in addition to “military end uses.” It also broadens the list of items controlled and potentially requiring an export license, including items such as semiconductor equipment, sensors, and other technologies sought for military end use or by military end users in these countries. The list of such items is set forth as Supplement 2 to Part 744 of the Export Administration Regulations. The rule also expands EEI filing requirements when the destination is China, Russia or Venezuela by removing two exemptions: (i) from filing EEI for any shipments valued under $2,500 and (ii) from reporting the Export Control Classification Number (ECCN) when the only reason for control is anti-terrorism (AT). This aspect of the rule essentially requires all U.S. exporters shipping to China, Russia and Venezuela to file EEI data on all exports to these countries regardless of the value. It was this aspect of the final rule that received strong opposition by industry.
As a result, BIS has announced that while the EEI filing requirement for items subject to Supplement No. 2 to Part 744 will become effective on June 29, 2020, EEI filings for exports to China, Russia or Venezuela of items controlled by ECCNs not listed in Supplement No. 2 will not be required until September 27, 2020.