On April 28, 2020, the US Department of Commerce’s Bureau of Industry and Security (BIS) published in the Federal Register a Final Rule amending the Export Administration Regulations (EAR) (15 CFR, subchapter C, parts 730-774) by removing License Exception Civil End Users (CIV) (§ 740.5), which authorized the unlicensed export, reexport, and transfer (in-country) of certain national security-controlled items, which would otherwise require an export license, to certain civil end users for civil end use in countries listed in Country Group D:1 (Supp. No. 1 to part 740). This new Final Rule will take effect on June 29, 2020.
As a result of this amendment to the EAR, BIS removed the CIV paragraph from the List-Based License Exceptions section wherever it appears in the Export Control Classification Numbers (ECCN) on the Commerce Control List (CCL) (Supp. No. 1 to part 774).
BIS states that they are removing License Exception CIV due to the increasing integration of civilian and military technology development to those countries listed in Country Group D:1.
Beginning on June 29, 2020, BIS will require a license for the export, reexport, or transfer (in-country) of those national security-controlled items previously authorized under License Exception CIV to Country Group D:1 destinations, consistent with the licensing policy set forth in § 742.2(b) of the EAR, which states that BIS policy is to approve license applications on a case-by-case basis provided that the items are for civilian use or would otherwise not make a significant contribution to the military potential of any country listed in Country Group D:1.
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