BIS Extends Validated End User Authorization to India

The Bureau of Industry and Security (BIS) hasannounced the issuance of a final rule, effective on October 2, 2007, which amends the Export Administration Regulations (EAR) by adding India as an eligible destination for exports, reexports, and transfers under the new Validated End-User (VEU) authorization. BIS has also created a webpage with helpful information on the new rule, such as a fact sheetQ&A for Exporterstext of the VEU authorization regulations, and guidance for submitting an Advisory Opinion Request for VEU authorization.
 
BIS had created the new VEU authorization in a final rule on June 19, 2007 for eligible destinations (then, only China). The VEU authorization allows the export, reexport, and transfer of commodities, software, and technology (except those controlled for missile technology (MT) or crime control (CC) reasons) to the approved VEU without a license.
 
To qualify for VEU authorization, various conditions and restrictions must be met, including, but not limited to: (1) VEUs must be approved by the End-User Review Committee and listed in 15 CFR Part 748, Supplement 7; (2) requests for VEU authorization must be submitted via an Advisory Opinion Request; (3) items to be exported under VEU authorization must be for civil uses only; and (4) certifications must be obtained from the VEU prior to the initial export regarding end-use and compliance with VEU requirements.