[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Rules and Regulations]
[Page 10011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03350]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / 
Rules and Regulations  

[[Page 10011]]



DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740 and 742

[Docket No. 210212-0010]
RIN 0694-XC072


Burma: Implementation of Sanctions

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Notification.

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SUMMARY: In response to the coup perpetrated by the Burmese military 
wresting control of the democratically-elected government of Burma, the 
United States Government is reviewing all available actions to hold the 
perpetrators of the coup responsible. The Department of Commerce's 
Bureau of Industry and Security (BIS) is taking immediate action to 
limit exports and reexports of sensitive goods to Burma's military and 
security services. Effective immediately, BIS is adopting a more 
restrictive license application review policy of presumption of denial 
of items requiring a license for export and reexport to Burma's 
Ministry of Defense, Ministry of Home Affairs, armed forces, and 
security services. BIS is also suspending the use of certain license 
exceptions that would otherwise generally be available to Burma as a 
result of its current Country Group placement in the Export 
Administration Regulations (EAR).

DATES: Effective February 17, 2021.

FOR FURTHER INFORMATION CONTACT: Tracy Patts, Foreign Policy Division, 
Office of Nonproliferation and Treaty Compliance, Bureau of Industry 
and Security, Department of Commerce. Phone: (202) 482-4252; Email: 
[email protected].

SUPPLEMENTARY INFORMATION: On February 1, 2021, the Burmese military 
perpetrated a coup wresting control of the democratically-elected 
government of Burma, including by detaining State Counselor Aung San 
Suu Kyi, President Win Myint, and other leaders of the ruling party. 
The United States Government strongly condemns any efforts to alter the 
outcome of Burma's recent elections and is committed to supporting the 
people in Burma who have worked tirelessly in their quest for democracy 
and peace. These actions are in direct opposition to the will of the 
Burmese people who have made their voices heard through 
internationally-sanctioned elections.
    The United States Government is reviewing all available actions to 
hold perpetrators of the coup responsible, and the Department of 
Commerce's Bureau of Industry and Security (BIS) is hereby taking 
immediate action to limit exports and reexports of sensitive items to 
Burma's military and security services under the Export Administration 
Regulations, 15 CFR parts 730 through 774 (EAR). Currently, 
transactions requiring a license for export or reexport to Burma are 
generally subject to case-by-case licensing review consistent with the 
licensing policies set forth in part 742 and other applicable parts of 
the EAR. Effective immediately, BIS will apply a presumption of denial 
for items subject to the EAR requiring a license for export or reexport 
when destined to Burma's Ministry of Defense, Ministry of Home Affairs, 
armed forces, and security services. BIS is also suspending the use of 
certain license exceptions that would otherwise be available to Burma 
as a result of its current Country Group placement in the EAR.
    A license exception is an authorization contained in part 740 of 
the EAR that allows exports, reexports, or transfers (in-country) under 
stated conditions of items subject to the EAR that would otherwise 
require a license. Availability of license exceptions is largely based 
on Country Group placement (see Supplement No. 1 to part 740). Section 
740.2 (Restrictions on all License Exceptions) provides general 
information on restrictions on all license exceptions.
    Burma is currently in Country Group B, which allows certain license 
exceptions not available for exports and reexports to destinations in 
more restrictive EAR Country Groups. In this notice, as described in 
more detail below, BIS suspends the availability of certain license 
exceptions that would otherwise generally be available as a consequence 
of Burma's Country Group B placement for exports and reexports to 
Burma, and transfers (in-country) within Burma, of items subject to the 
EAR.
    BIS is taking this action pursuant to Sec.  740.2(b) of the EAR (15 
CFR 740.2(b)), which provides that all license exceptions are subject 
to revision, suspension, or revocation, in whole or in part, without 
notice. The following license exceptions are suspended for exports or 
reexports to Burma, or transfers (in-country) within Burma, either in 
whole or in part, as specified below:
     Shipments of Limited Value (LVS) (Sec.  740.3).
     Shipments to Group B Countries (GBS) (Sec.  740.4).
     Technology and Software under Restriction (TSR) (Sec.  
740.6).
     Computers (APP) (Sec.  740.7).

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-03350 Filed 2-17-21; 8:45 am]
BILLING CODE 3510-33-P