Background

Effective March 8, the Bureau of Industry and Security has implemented additional restrictions on exports and reexports to Burma, and transfers (in-country) within Burma, of sensitive items subject to the Export Administration Regulations. Click here for more information on previous restrictions and sanctions imposed in response to the Feb. 1, 2021, military coup in Burma.

Country Group Change. Burma has been moved from Country Group B to Country Group D:1, resulting in a more restrictive review of license applications for exports and reexports involving items subject to the EAR to any end-user in Burma. This change also renders end-users in Burma ineligible for, or subject to further restriction with regard to, use of certain license exceptions for exports, reexports, and transfers (in-country), including LVS (shipments of limited value), GBS (shipments to Country Group B countries), and TSR (technology and software under restriction).

Military End-Use/End-User. Burma is now subject to military end-use and end-user restrictions under the EAR, resulting in a license requirement for exports and reexports of certain items intended for military use or users and allowing military end-users to be identified through the military end-user list. Applications to export or reexport items to Burma for a military end-use or end-user will be reviewed under a presumption of denial. Further, BIS is applying the license application review policy for national security-controlled exports and reexports to Burma consistently with the policy applied to similar transactions involving China, Russia, and Venezuela.

Entity List. The Burmese ministries of Defense and Home Affairs, the Myanmar Economic Corporation, and Myanmar Economic Holding Limited have been added to the Entity List. There is now a license requirement for exports, reexports, and transfers (in-country) of all items subject to the EAR to these entities and a license review policy of presumption of denial. In addition, no license exceptions are available for exports, reexports, or transfers (in-country) to these entities.

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