Changes to Export Controls for Military End-Users/End-Uses in China


June 2020

Miller & Chevalier Member Timothy O'Toole and Florian Wolf, Senior Associate at Blomstein in Berlin, outline the recent changes made to the Export Administrative Regulations (EAR) by the U.S. Bureau of Industry and Security and compare those changes with the EU's Dual-Use Regulation, focusing on the effect on exports to China. "The new [U.S.] rule makes many important changes, adding to the US products covered by these export controls, expanding the definition of ‘military enduse’, imposing a ‘military enduser’ control on exports to China, adding new licensing standards and procedures, and eliminating certain licence exceptions," the authors wrote. Comparing the revised EAR to the EU's regulations, the authors state "the relevant EU regime is less strict" than the amended EAR and note that "there is no present expectation that the EU will amend the Dual-Use Regulation in a comparable manner."