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Biologics Researchers and Suppliers Beware: International Exchange of Non-pathogenic Research Materials Including Common VSV-G Packaging Plasmids May Trigger Export Penalties Thursday, February 4, 2021
What happened?
On February 1, the Department of Commerce, Bureau of Industry and Security (BIS) announced a settlement with Princeton University, which BIS alleged exported animal pathogens and genetic elements of animal pathogens without required export licenses to researchers in the U.K., Canada, Australia, Europe, South Korea, India, Singapore, and China.
Although Princeton voluntarily disclosed the violations, BIS imposed a penalty of $54,000, mandated two audits of Princeton’s export compliance program (with findings reported to BIS), one of which must cover a twelve month period pre-dating the settlement and be conducted by an external third party (at Princeton’s expense), and further mandated submission to BIS of two reports detailing enhancement
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On December 23, 2020, the U.S. Department of Commerce Bureau of Industry and Security (BIS) issued the anticipated list of designated military end users (MEU List) under Section §744.21 (MEU Rule) of the Export Administration Regulations (EAR) Restrictions (
see Federal Register notice). This MEU List provides a first tranche of over 100 designated military end users from China and Russia. Per Commerce Secretary Wilbur Ross, this action establishes a new process to designate military end users on the MEU List to assist exporters in screening their customers for military end users (
Monday, December 28, 2020
On December 23, 2020, the U.S. Department of Commerce Bureau of Industry and Security (BIS) issued the anticipated list of designated military end users (MEU List) under Section §744.21 (MEU Rule) of the Export Administration Regulations (EAR) Restrictions (
see Federal Register notice). This MEU List provides a first tranche of over 100 designated military end users from China and Russia. Per Commerce Secretary Wilbur Ross, this action establishes a new process to designate military end users on the MEU List to assist exporters in screening their customers for military end users (
see link).
Most of the Chinese entities on the MEU List are in the aerospace industry, including seven subordinate institutions of Aviation Industry Corporation of China (AVIC) and eight subordinate institutions of Aero-Engine Company of China. Despite initial press reports, the MEU List does not include Commercial Aircraft Corporation of China (COMAC). MEU L
[co-author: Oscar Theblin]
On December 21, the Bureau of Industry and Security (BIS) published a Military End User (MEU) list to further implement the military end user/end use (MEU) rule defined in Section 744.21 of the Export Administration Regulations (EAR). An EAR license is required to export or reexport to the listed entities a broad range of items subject to U.S. jurisdiction.
The list, which had been the subject of public reports last month, represents a first tranche of 103 entities with 58 from China and 45 from Russia. A majority of the entities listed are in the aerospace industry, although other industries are also represented. Additional parties may be added or removed from the list as further determinations are made by the End-User Review Committee, an interagency body comprised of the Departments of Commerce, Defense, Energy, State, and Treasury. The list is not exhaustive, and exporters must still conduct due diligence on other end users to determine whether an exp
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December 18, 2020 – On December 18, 2020,
the U.S. Department of Commerce, Bureau of Industry and Security
( BIS ) released a final rule that would add 77 new entities,
including Semiconductor Manufacturing International Corporation
Incorporated ( SMIC ), to the Entity List. All of the
newly added entities are subject to a license requirement for all
items subject to the Export Administration Regulations
( EAR ), even though some entities are subject to
different license review policies. Consistent with BIS s
clarification of the Entity List licensing requirements from
earlier this year, the license requirement will apply whenever any