Background

The Bureau of Industry and Security has issued an interim final rule that, effective April 9, applies military intelligence-related export controls to Burma and restricts U.S. persons’ activities in connection with military intelligence end-uses and end-uses in Burma.

Specifically, BIS is imposing a license requirement on the export, reexport, or transfer (in-country) of any item subject to the Export Administration Regulations if an exporter, reexporter, or transferor has knowledge, or is informed by BIS, that the item is destined for a military intelligence end-use or end-user in Burma, specifically including Burma’s Office of Chief of Military Security Affairs, a branch of the Burmese armed forces tasked with monitoring and interrogating Burmese protesters, and the Directorate of Signal, a branch of the Burmese Army responsible for the military telecommunications network.

BIS is also adding Burma to the list of countries in which U.S. persons are prohibited from supporting military intelligence end-uses or end-users, even when such support does not involve an item subject to the EAR.

Shipments of items that may no longer be made under no license required or license exception as a result of this rule and were on dock for loading, on lighter, laden aboard an exporting or transferring carrier, or en route aboard a carrier to a port of export or reexport on April 9, pursuant to actual orders for export to Burma, reexport to Burma, or transfer (in-country) within Burma, may proceed to their destination under the prior authorization.

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