BIS Publishes Final Rule on Burma

On October 24, 2007, the Bureau of Industry and Security (BIS) published a final ruleamending the Export Administration Regulations (EAR) to move Burma into more restrictive country groupings and impose a license requirement for exports, reexports or transfers of most items subject to the EAR to persons listed in or designated pursuant to Executive Orders 13310 and 13448. BIS states that the final rule was in response to the Government of Burma's continued repression of the democratic opposition in Burma and consistent with Executive Order 13310 of July 28, 2003 and Executive Order 13448 of October 18, 2007.

This rule creates a new section 744.22 to set forth the new license requirements. Further, in part 740 of the EAR (License Exceptions), this rule moves Burma from Computer Tier 1 to Computer Tier 3, restricting access to high-performance computers and related technology and software under License Exception APP (Section 740.7).

In Supplement No. 1 to part 740 (Country Groups), this rule moves Burma from Country Group B (countries raising few national security concerns) to Country Group D:1 (countries raising national security concerns), which further limits the number of license exceptions available for exports to Burma. Burma will remain in Country Group D:3 (countries raising proliferation concerns related to chemical and biological weapons).

On October 30, 2007, BIS published Questions and Answers regarding the final rule on Burma.