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RuleSignificant2020-281012020-12-23

Removal of Hong Kong as a Separate Destination Under the Export Administration Regulations

Commerce Department, Industry and Security Bureau

Abstract

In this rule the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove the People's Republic of China (PRC or China) Special Administrative Region of Hong Kong from the list of destinations in the EAR. The amendments implement Sections 2 and 3 of Executive Order 13936 of July 14, 2020, in response to new security measures imposed on Hong Kong by the government of China. These new measures fundamentally undermine Hong Kong's autonomy increasing the risk sensitive U.S. technology and items will be diverted to unauthorized end uses and end users in China.

Action & Dates

Action
Final rule.
Dates
This rule is effective December 23, 2020.
Effective Date
2020-12-23

CFR References

Topics

Administrative practice and procedureChemicalsExportsForeign tradeReporting and recordkeeping requirementsTerrorism

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce Bureau of Industry and Security 15 CFR Parts 738, 740, 742, 744, 745, 748, and 758 [Docket No. 201215-0345] RIN 0694-AI17 AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. SUMMARY: In this rule the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove the People's Republic of China (PRC or China) Special Administrative Region of Hong Kong from the list of destinations in the EAR. ( printed page 83766) The amendments implement Sections 2 and 3 of Executive Order 13936 of July 14, 2020, in response to new security measures imposed on Hong Kong by the government of China. These new measures fundamentally undermine Hong Kong's autonomy increasing the risk sensitive U.S. technology and items will be diverted to unauthorized end uses and end users in China. DATES: This rule is effective December 23, 2020. FOR FURTHER INFORMATION CONTACT: Tracy Patts, Foreign Policy Division, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Security, U.S. Department of Commerce, by email at Foreign.Policy@bis.doc.gov , or by phone at 202-482-4252. SUPPLEMENTARY INFORMATION: Background This rule represents the culmination of a rapid escalation of tensions over several months between the United States and China over the Hong Kong Special Administrative Region (Hong Kong or HKSAR). A brief timeline follows below. On May 21, a spokesperson for the PRC's National People's Congress (NPC) announ

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Full Document

Citation: 85 FR 83765