New Export Controls Imposed on Myanmar

Effective 8 March, the Bureau of Industry and Security has implemented additional restrictions on exports and re-exports to Myanmar (also known in the United States as Burma), as well as transfers (in-country) within Myanmar, of sensitive items subject to the Export Administration Regulations.

Country Group Change. Myanmar has been moved from Country Group B to Country Group D:1, resulting in a more restrictive review of licence applications for exports and re-exports involving items subject to the EAR to any end-user in Myanmar. This change also renders end-users in Myanmar ineligible for, or subject to further restriction with regard to, use of certain licence exceptions for exports, re-exports 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. Myanmar is now subject to military end-use and end-user restrictions under the EAR, resulting in a licence requirement for exports and re-exports 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 re-export items to Myanmar for a military end-use or end-user will be reviewed under a presumption of denial. Further, BIS is applying the licence application review policy for national security-controlled exports and re-exports to Myanmar consistently with the policy applied to similar transactions involving mainland 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 licence requirement for exports, re-exports and transfers (in-country) of all items subject to the EAR to these entities and a licence review policy of presumption of denial. In addition, no licence exceptions are available for exports, re-exports or transfers (in-country) to these entities.