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On December 23, 2020, the US Department of Commerce s Bureau of Industry and Security ( BIS ) issued a final rule creating a Military End User List ( MEU List ) under the Export Administration Regulations ( EAR ). The final rule also adopted the first tranche of entities added to the MEU List, identifying more than 100 Chinese and Russian entities as Military End Users ( MEUs ).
1 A BIS license is required for certain exports, reexports, and transfers when a party has knowledge that an MEU is a party to the transaction (e.g., as purchaser, intermediate consignee, ultimate consignee, or end user). In a separate action, BIS also removed Hong Kong as a separate destination under the EAR, largely subjecting Hong Kong to the same requirements and restrictions as China.
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The U.S. Department of Commerce Bureau of Industry and Security (BIS) on Dec. 23, 2020, amended the Export Administration Regulations (EAR) to remove Hong Kong as a separate destination listed in the EAR.
All provisions in the EAR that provide differential and preferential treatment for exports to Hong Kong, reexports to Hong Kong and transfers (in-country) within Hong Kong of any item subject to the EAR have been removed from the EAR. From here on, Hong Kong is treated the same as China under the EAR except in a small number of exceptional cases.