What EAR 15 CFR Part 744 - End-Use and End-User Based Controls including Entity List and Military End-User Controls requires
15 CFR Part 744 of the Export Administration Regulations establishes the end-use and end-user based controls administered by the Bureau of Industry and Security (BIS) that overlay the item-based controls of the Commerce Control List in Part 774. Section 744.1 establishes the general provisions, the broad presumption of denial for transactions to listed parties, and the no-license-exception rule for Part 744 transactions. Section 744.2 prohibits exports, reexports, and transfers (in-country) for use in nuclear end-uses without a licence. Section 744.3 imposes licence requirements for rocket systems and unmanned aerial vehicles end-uses. Section 744.4 imposes licence requirements for chemical and biological weapons end-uses. Section 744.6 restricts specific activities of US persons including supporting WMD activities. Section 744.8 imposes licence requirements when any person named on the Specially Designated Nationals and Blocked Persons (SDN) List is a party. Section 744.11 establishes licence requirements for entities acting or at significant risk of acting contrary to US national security and foreign policy - this is the operative provision for the Entity List which is published as Supplement No. 4 to Part 744 and which currently includes over 2,500 entities including Huawei and many subsidiaries, SMIC, the IRGC, and entities in Russia, Belarus, Iran, China, and other jurisdictions. Section 744.16 sets out the operating procedures for Entity List additions, removals, and modifications. Section 744.17 controls microprocessor technology for military end-uses. Section 744.21 imposes licence requirements for military end-uses and military end-users in China, Russia, Venezuela, Burma, and Cambodia - and Supplement No. 7 maintains the Military End-User (MEU) List. Section 744.22 controls military-intelligence end-uses and end-users in specified countries. Every Part 744 transaction requires an individually validated BIS licence subject to a presumption of denial; no Part 740 license exception is available. Violations attract civil penalties up to USD 374,474 per violation or twice transaction value (greater) under IEEPA, denial of export privileges, and criminal penalties up to 20 years imprisonment under 50 USC 4819.
Pillar: Trade Compliance & Export Controls · Authority: United States Department of Commerce Bureau of Industry and Security under the Export Control Reform Act of 2018 (ECRA, 50 USC 4801 et seq.) and the International Emergency Economic Powers Act (IEEPA, 50 USC 1701 et seq.) · Version: 1.0.0 · Last updated:
Primary source: https://www.ecfr.gov/current/title-15/subtitle-B/chapter-VII/subchapter-C/part-744
SHA-256 integrity: f48a722c498fef62bd81292544f7b68458bb7cbfcfcb6a6259100b276b6e81e1
Primary Citations — 8 traced to source
- 15 CFR Part 744 End-Use and End-User Based Controls https://www.ecfr.gov/current/title-15/subtitle-B/chapter-VII/subchapter-C/part-744
- 15 CFR 744.11 license requirements for entities acting contrary to national security https://www.ecfr.gov/current/title-15/subtitle-B/chapter-VII/subchapter-C/part-744/section-744.11
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