End-Use and End-User Based Export Controls, Including U.S. Persons Activities Controls: Military and Intelligence End Uses and End Users

The Department of Commerce, Bureau of Industry and Security (BIS), seeks public comment on proposed changes to existing restrictions under the Export Administration Regulations (EAR) on military and intelligence end uses and end users and related U.S. persons activities controls, as well as the proposed addition of a military-support end-user control. These proposed revisions and additions to the EAR's end-use, end-user, and "U.S. persons" activity controls would implement expanded Export Control Reform Act of 2018 (ECRA) authority to control certain "U.S. persons" activities under the EAR. Specific to the EAR's "U.S. persons" activities controls, BIS is proposing amendments to control `support' furnished by "U.S. persons" to military end users and military-production activities, as well as intelligence end users that are not otherwise already regulated under or prohibited by U.S. law. In addition, BIS is proposing to revise the definition of `support' set forth in the EAR's "U.S. person" activity control provision in response to requests by the public for clarification. The revisions and additions, along with clarifications, to end use, end user, and "U.S. persons" activity controls under the EAR, would further the national security and the foreign policy of the United States.